Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 32:11: "Rejoice in the Lord and be glad, you righteous; sing, all you who are upright in heart!"
Let us pray. Gracious Lord, thank You for not dealing with us as we deserve, but dealing with us in love. Be our guide this day as these men and women deliberate issues that affect the lives of Your people in this State. Give them wisdom, give them courage. Bless, preserve and care for our State and nation and her leaders. Protect our troops. Hear us, merciful Lord. 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. J. BROWN moved that when the House adjourns, it adjourn in memory of Dr. Raleigh Robinson, which was agreed to.
The House stood in silent prayer for former Representative James P. "Preacher" Harrelson who died today.
The following was received:
Columbia, S.C., April 29, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 203:
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 COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., April 29, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 224:
S. 224 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM "YOUTHFUL OFFENDER" INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J. E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3326 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT BY NATIVE AMERICAN TRIBES, SO AS TO DELETE CERTAIN REFERENCES TO TRIBAL UNITS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 447 (Word version) -- Senators J. V. Smith, Alexander, Reese and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 107 (Word version) -- Senators Hayes, Ritchie and Ravenel: A BILL TO AMEND SECTION 6-4-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO ELEVEN, BY ADDING ONE MEMBER ON THE RECOMMENDATION OF THE SOUTH CAROLINA ARTS COMMISSION AND ONE MEMBER AT LARGE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4102 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXITS 52 AND 57 ON INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THAT CONTAIN THE WORDS "TUSKEEGEE AIRMEN MONUMENT" WHICH SHALL INDICATE THE DIRECTION TO THE TUSKEEGEE AIRMEN MONUMENT AND TO ERECT ADDITIONAL SIGNS TO DIRECT MOTORISTS TO THE MONUMENT FROM BOTH EXITS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4103 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE GRATITUDE AND FRIENDSHIP OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MR. DEAN CAMPBELL FOR HIS YEARS OF SERVICE TO THE HOUSE OF REPRESENTATIVES, MOST RECENTLY AS EXECUTIVE DIRECTOR OF HOUSE RESEARCH AND PERSONNEL AND LEGAL COUNSEL TO THE SPEAKER OF THE HOUSE, TO WISH HIM WELL IN HIS NEW POSITION WITH THE SOLICITOR'S OFFICE FOR THE THIRTEENTH JUDICIAL CIRCUIT.
Whereas, the members of the House of Representatives note that Mr. Dean Campbell served on the staff of the House of Representatives from 1990-1994, from 1995-1998, and from 2002 until the present; and
Whereas, Dean received a Bachelor of Arts degree in Political Science from Clemson University in 1990, and shortly thereafter began his career at the House of Representatives as Research Assistant for the House Medical, Military, Public and Municipal Affairs Committee where he remained until 1994; and
Whereas, Dean then entered the University of South Carolina School of Law, and while pursuing a law degree, he worked as a Legislative Aide and as a Law Clerk for the House Judiciary Committee; and
Whereas, Dean joined the staff of House Research and Personnel in 1996 as a Research Analyst, and upon graduation from Law School in 1997, he assumed the additional responsibilities of Staff Counsel for this office; and
Whereas, in 1998, Dean moved to Greenville, where he served as Assistant Attorney General, prosecuting insurance fraud; and
Whereas, in 2002, Dean was appointed Executive Director of Research and Personnel for the House and Legal Counsel to the Speaker of the House, the Honorable David Wilkins; and
Whereas, both of these positions carry vital and wide-ranging responsibilities including, but not limited to, providing leadership to the entire House staff, providing support to every House member, and advising the Speaker on legal and parliamentary issues; and
Whereas, we will sorely miss Dean's skill and resourcefulness, his enthusiasm, his vision, and his wonderful sense of humor; and
Whereas, it is appropriate for the members of the House of Representatives to pause in their deliberations so they might express their high regard for this dedicated public servant, Dean Campbell, as he assumes his responsibilities with the Solicitor's Office for the Thirteenth Judicial Circuit. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives express their gratitude and friendship to Mr. Dean Campbell for his years of service to the House of Representatives, and especially for his service as Executive Director of House Research and Personnel and Legal Counsel to the Speaker, and wish him well in his new position with theSolicitor's Office for the Thirteenth Judicial Circuit.
Be it further resolved that a copy of this resolution be presented to Mr. Dean Campbell.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 583 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 6, 2003.
Be it resolved by the Senate, the House of Representatives concurring:
That Palmetto Girls State is authorized to use the chambers of the House of Representatives and the Senate on Friday, June 6, 2003, from 1:00 p.m. to 4:00 p.m. for its annual legislative activity. If either House is in statewide session, the Chamber of that House may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the House and Senate chambers by Palmetto Girls State on this date.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 653 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO EXPRESS SINCERE APPRECIATION TO SOUTH CAROLINA'S REGISTERED NURSES FOR THEIR DEDICATION TO PROVIDING QUALITY CARE AND TO THEIR EFFORTS AND ACHIEVEMENTS IN IMPROVING OUR HEALTH CARE SYSTEM AND TO DESIGNATE MAY 6-12, 2003, AS "SOUTH CAROLINA NURSES WEEK".
Whereas, the nearly 2.7 million registered nurses in the United States comprise our nation's largest health care profession; and
Whereas, the depth and breadth of the registered nursing profession meets the different and emerging health care needs of the American population in a wide range of settings; and
Whereas, the American Nurses Association and the South Carolina Nurses Association, as the voice for the registered nurses of this country, are working to chart a new course for a healthy nation that relies on increasing delivery of primary and preventive health care; and
Whereas, a renewed emphasis on primary and preventive health care will require the better utilization of all of our nation's registered nursing resources; and
Whereas, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients; and
Whereas, the demand for registered nursing services will be greater than ever because of the aging of the American and South Carolina populations, and the continuing expansion of life-sustaining technology, and the explosive growth of home health care services; and
Whereas, more qualified registered nurses will be needed in the future to meet the increasingly complex needs of health care consumers in this State; and
Whereas, the cost-effective, safe, and quality health care services provided by registered nurses will be an ever more important component of the United States and South Carolina health care delivery systems in the future; and
Whereas, along with the American Nurses Association, the South Carolina Nurses Association has declared the week of May 6-12, 2003, as National Nurses Week with the theme "Nurses: Lifting Spirits, Touching Lives" in celebration of the ways in which registered nurses strive to provide safe and high quality patient care and map out the way to improve our health care system. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, express their sincere appreciation to South Carolina's registered nurses for their dedication to providing quality care and to their efforts and achievements in improving our health care system and designate May 6-12, 2003, as "South Carolina Nurses Week".
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Nurses Association.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 666 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE GEORGE M. SMITH OF COLUMBIA UPON THE OCCASION OF HIS RETIREMENT FROM THE WIL LOU GRAY OPPORTUNITY SCHOOL AFTER TWENTY-FIVE YEARS OF DEDICATED SERVICE AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 672 (Word version) -- Senator Waldrep: A CONCURRENT RESOLUTION CONGRATULATING MICHELLE JEWETT OF CENTERVILLE ELEMENTARY SCHOOL IN THE ANDERSON COUNTY SCHOOL DISTRICT FOR BEING NAMED THE EARTH SCIENCE TEACHER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA, THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND THE UNIVERSITY OF SOUTH CAROLINA CENTER FOR SCIENCE EDUCATION AND EXTENDING SINCERE APPRECIATION FOR HER OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 673 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF THE STATE OF SOUTH CAROLINA IN EXPRESSING THEIR GREAT SADNESS UPON THE DEATH OF FORMER STATE SENATOR ISADORE E. LOURIE AND MEMORIALIZING HIS GOOD WORKS AND HIS GOOD HEART.
Whereas, the death of seventy-year-old Isadore E. Lourie on April 24, 2003, sparked a spontaneous statewide moment of warm personal remembrances; and
Whereas, this loving husband of Susan and father to Lance, Joel, and Neal was also the caretaker of the citizens of this State and the conscience of its government; and
Whereas, it was not merely a gift he had for making everyone he touched feel special -- it was his heartfelt belief that everyone is special. Very simply, he loved the people of Richland County and South Carolina, and they loved him; and
Whereas, in 1964, he began his service to the State he cherished as an elected member of the House of Representatives and accumulated almost thirty years before giving up his seat as Chairman of the Senate Transportation Committee and Majority Leader of the Senate at the height of his political success and power; and
Whereas, he used the respect and admiration he earned during that time to promote governmental ethics, reapportionment, school integration, home rule, education, and seat belt safety; and
Whereas, in the end he honored his beloved State and its traditions of idealism and sacrifice by stepping down from his Senate seat in 1992 to actively encourage and support the election of a black senator from his Richland County district; and
Whereas, that unselfish act by Isadore Lourie was symbolic of his life-long conviction that all South Carolinians are entitled to participate in their own destinies; and
Whereas, this son of Russian and Polish immigrants, who was elected student body president at the University of South Carolina and practiced law in a law firm that bears his family name, was also a faithful member of Beth Shalom Synagogue and the Columbia Jewish Community Center; and
Whereas, it is no exaggeration to reflect that Isadore E. Lourie lived out the American Dream; and
Whereas, the General Assembly of the State of South Carolina is proud to recognize Isadore "Izzy" Lourie as one of its own and to honor his lasting legacy to this State: that, because of his crusading compassion and sense of justice, many more of South Carolina's sons and daughters are now a part of his American Dream. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby join the citizens of South Carolina in expressing their great sadness upon the death of former State Senator Isadore E. Lourie and memorialize his good works and his good heart.
Be it further resolved that a copy of this resolution be presented to the family of the late Senator Isadore E. Lourie.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.
Referred to Committee on Education and Public Works
S. 372 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 42-7-10 OF THE 1976 CODE, RELATING TO THE STATE ACCIDENT FUND, TO PROVIDE THAT THE STATE TREASURER SHALL INVEST THE TRUST FUND IN THE SAME MANNER AND IN THE SAME TYPE AND GRADE OF SECURITIES AS IS THE ACCUMULATED ACCOUNT OF THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 42-7-50 OF THE 1976 CODE, RELATING TO PARTICIPATION IN THE STATE ACCIDENT FUND, TO PROVIDE THAT AN APPLICANT FOR COVERAGE UNDER THIS SECTION MUST PRESENT ITS RECENT LOSS HISTORY, UPON WHICH ITS PREMIUM CHARGES MUST BE BASED, AND THAT THE STATE ACCIDENT FUND MAY DENY OR REFUSE TO RENEW COVERAGE UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 42-7-85 TO PROVIDE THAT EMPLOYERS INSURED UNDER THIS ARTICLE MUST MAKE REASONABLE EFFORTS TO PROVIDE OR ARRANGE FOR LIMITED DUTY WORK.
Referred to Committee on Ways and Means
S. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.
Referred to Committee on Judiciary
S. 460 (Word version) -- Senators Waldrep and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 53 TO TITLE 46 ENACTING THE HORSE INDUSTRY PROMOTION ACT SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE SHALL PROMOTE AND IMPROVE THE HORSE INDUSTRY IN THIS STATE, TO PROVIDE FOR THE SUPPORT OF THIS PROGRAM BY MEANS OF AN ASSESSMENT ON THE SALE OF COMMERCIAL HORSE FEED AND TO PROVIDE FOR THE RATE AND METHOD OF COLLECTION OF THE ASSESSMENT, AND TO PROVIDE THAT THE REVENUE MUST BE USED SOLELY FOR THE PROMOTION AND IMPROVEMENT OF THE HORSE INDUSTRY IN THIS STATE AND TO PROVIDE THOSE ACTIVITIES FOR WHICH THE REVENUE MAY BE EXPENDED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 487 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX ACT, SO AS TO EXCLUDE THE ENVIRONMENTAL SURCHARGE IMPOSED PURSUANT TO SECTION 44-56-430 FROM THE DEFINITION OF "GROSS PROCEEDS OF SALES"; TO AMEND SECTION 44-56-430, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO PROVIDE FOR THE CALCULATION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THE ENVIRONMENTAL SURCHARGE; TO AMEND SECTION 44-56-470, RELATING TO THE ANNUAL REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE'S RETENTION OF FUNDS FOR COSTS INCURRED TO COLLECT AND ENFORCE THE DRYCLEANING FACILITY RESTORATION TRUST FUND; TO AMEND SECTION 44-56-480, RELATING TO THE SURCHARGE ON PERCHLOROETHYLENE (TETRACHLOROETHYLENE) AND STODDARD SOLVENT, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MUST ADMINISTER, COLLECT, AND ENFORCE THE SURCHARGE IN THE MANNER THAT SALES AND USE TAXES ARE ADMINISTERED, COLLECTED, AND ENFORCED UNDER CHAPTER 36 OF TITLE 12; AND TO AMEND SECTION 44-56-485, RELATING TO THE ELECTION TO PLACE A DRYCLEANING FACILITY UNDER THE PROVISIONS OF ARTICLE 4, CHAPTER 56 OF TITLE 44, SO AS TO ADD PROVISIONS PERTAINING TO THE EFFECT OF VOLUNTARY REGISTRATION ON A DRYCLEANING FACILITY'S LIABILITY FOR THE PAYMENT OF CERTAIN TAXES, FEES, PENALTIES, AND INTEREST.
Referred to Committee on Ways and Means
S. 491 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND ARTICLE 17, CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO CLARIFY PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE ; AND FURTHER TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.
Referred to Committee on Judiciary
S. 559 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.
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 Emory Freeman Frye Gilham Gourdine Hagood Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McCraw McGee Merrill Miller J. H. Neal J. M. Neal Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Walker White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 30.
Tracy Edge Seth Whipper Jerry Govan Becky Martin Denny Neilson Ralph Davenport Walton McLeod Glenn Hamilton Thad Viers Bessie Moody-Lawrence James E. Smith Douglas Jennings David Weeks Bill Cotty Skipper Perry
The SPEAKER granted Rep. RICHARDSON a leave of absence for the day due to illness.
Announcement was made that Dr. James E. Craigie of Charleston is the Doctor of the Day for the General Assembly.
Reps. PHILLIPS, MCCRAW and LITTLEJOHN presented to the House the Limestone College Mens Varsity Lacrosse Team, the 2002 NCAA Division II National Champions, their coaches and other school officials.
Rep. KENNEDY presented to the House the C. E. Murray High School "Eaglettes" Girls Basketball Team, the 2003 Class A State Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3517 (Word version)
Date: ADD:
04/30/03 W. D. SMITH
Bill Number: H. 4004 (Word version)
Date: ADD:
04/30/03 MCLEOD
Bill Number: H. 4086 (Word version)
Date: ADD:
04/30/03 MCLEOD
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4091 (Word version) -- Rep. Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 564 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND HUNTING METHODS OF WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, SECTION 12, ACT 176 OF 1977.
Rep. RHOAD explained the Joint Resolution.
H. 3839 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC TICKET OFFENSES RELATING TO LIVESTOCK AND POULTRY.
Rep. FRYE explained the Bill.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3769 (Word version) -- Reps. Stewart, Clark, Clyburn, Harrison, Perry, D. C. Smith and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-493 SO AS TO PROVIDE THAT A PERSON EMPLOYED AS A LAW ENFORCEMENT OFFICER WITH THE SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT MAY ATTEND AND BE TRAINED AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
H. 3919 (Word version) -- Reps. Kirsh and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-100 SO AS TO PROVIDE THAT A TAX CREDIT ADMINISTERED BY THE DEPARTMENT OF REVENUE IS USEABLE IN THE YEAR IT IS GENERATED AND IS NONREFUNDABLE; TO AMEND SECTION 12-2-20, RELATING TO THE DEFINITION OF "PERSON" FOR TAXATION PURPOSES, SO AS TO PROVIDE THAT THE DEFINITION APPLIES NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-2-25, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO LIMITED LIABILITY COMPANIES AND SINGLE-MEMBER LIMITED LIABILITY COMPANIES, SO AS TO PROVIDE THAT THE DEFINITIONS APPLY NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO ADOPTION OF THE INTERNAL REVENUE CODE, SO AS TO ADOPT IT TO STATE LAW AS AMENDED THROUGH 2002; TO AMEND SECTION 12-6-540, RELATING TO THE STATE INCOME TAX RATES APPLICABLE TO EXEMPT ORGANIZATIONS AND COOPERATIVES, SO AS TO PROVIDE A SPECIFIC REFERENCE TO THE TAX RATE APPLICABLE TO HOMEOWNERS' ASSOCIATIONS; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO STATE INCOME TAX WITHHOLDING ON PROCEEDS OF THE SALE OF REAL PROPERTY BY NONRESIDENTS, SO AS TO CONFORM THE CALCULATION OF AMOUNTS SUBJECT TO WITHHOLDING TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 ALLOWING THE EXCLUSION FROM TAXABLE INCOME OF A PORTION OF THE GAIN ON THE SALE OF A PRINCIPAL RESIDENCE AND TO ALLOW THE DEPARTMENT OF REVENUE TO REVOKE EXEMPTIONS FROM WITHHOLDING ALLOWED FOR CERTAIN TRANSACTIONS IF THE DEPARTMENT DETERMINES THE NONRESIDENT IS NOT COOPERATING IN THE DETERMINATION OF THE TAXPAYER'S SOUTH CAROLINA INCOME TAX LIABILITY; TO AMEND SECTION 12-13-50, RELATING TO EXCEPTIONS FROM THE BUILDING AND LOAN ASSOCIATION INCOME TAX, SO AS TO PROVIDE THAT PAYMENT OF THE INCOME TAX PROVIDED IN CHAPTER 13, TITLE 12 SHALL NOT BE IN LIEU OF DEED RECORDING FEES; TO AMEND SECTIONS 12-13-70, 12-20-150, 12-28-940, 12-43-210, AND 12-43-230, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF REVENUE, THE COMPUTATION OF MOTOR FUEL TAXES, THE ESTABLISHMENT OF UNIFORM AND EQUITABLE TAX ASSESSMENTS, AND THE PROMULGATION OF DEFINITIONAL REGULATIONS TO FACILITATE THE ESTABLISHMENT OF UNIFORM TAX ASSESSMENTS, SO AS TO CHANGE THE DEPARTMENT'S DUTY TO PROMULGATE REGULATIONS FROM MANDATORY TO PERMISSIVE, TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ISSUE ADVISORY OPINIONS, AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-54-110, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A TAXPAYER OR OTHERS, SO AS TO INCLUDE TAX MATTERS AND OTHER MATTERS ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR COUNTY DESIGNATIONS TO BE EFFECTIVE FOR THE TAXABLE YEARS BEGINNING THE FOLLOWING CALENDAR YEAR; TO AMEND SECTION 12-6-3415, RELATING TO INCOME TAX CREDIT FOR RESEARCH AND DEVELOPMENT EXPENSES, SO AS TO MAKE IT APPLICABLE ONLY FOR RESEARCH EXPENSES; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDIT, SO AS TO EXEMPT APPLICATION OF THE MAXIMUM AGGREGATE CREDIT FOR EMPLOYEES IN DISTRESSED COUNTIES; TO AMEND SECTION 12-6-3310, RELATING TO CREDITS AGAINST INCOME TAX, SO AS TO PROVIDE FOR PASS THROUGH OF A CREDIT TO A SHAREHOLDER, MEMBER, OR PARTNER OF AN "S" CORPORATION, LIMITED LIABILITY COMPANY TAXED LIKE A PARTNERSHIP, AND PARTNERSHIP; TO AMEND SECTION 12-6-3365, RELATING TO CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO REVISE THE DATA USED FOR COMPUTING A COUNTY'S UNEMPLOYMENT RATE AND TO PROVIDE THAT THE DEPARTMENT NAME THE MORATORIUM COUNTIES, EFFECTIVE FOR THE TAXABLE YEAR BEGINNING THE FOLLOWING CALENDAR YEAR; TO AMEND SECTION 12-44-30, AS AMENDED, AND SECTION 4-12-30, AS AMENDED, BOTH RELATING TO THE DEFINITION OF "MINIMUM INVESTMENT" FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAX, BOTH SO AS TO PROVIDE FOR EFFECTIVENESS OF COUNTY DESIGNATIONS IN THE FOLLOWING CALENDAR YEAR, AND TO PROVIDE THAT THE DEPARTMENT DESIGNATE REDUCED INVESTMENT COUNTIES, EFFECTIVE FOR A SPONSOR WHOSE FEE AGREEMENT IS SIGNED IN THE CALENDAR YEAR FOLLOWING THE DESIGNATION; TO REPEAL SECTION 12-10-35, RELATING TO A MORATORIUM ON STATE CORPORATE INCOME TAXES; BY ADDING SECTION 12-6-535 SO AS TO PROVIDE THAT FOR PURPOSES OF INTERNAL REVENUE CODE SECTION 641(c), AN ELECTING SMALL BUSINESS TRUST IS TAXED AT THE HIGHEST RATE PROVIDED IN SECTION 12-6-510; TO AMEND SECTION 12-6-5020, RELATING TO ENTITIES AUTHORIZED TO FILE CONSOLIDATED CORPORATE INCOME TAX RETURNS, SO AS TO PROVIDE THAT A CORPORATION THAT HAS ELECTED TO BE TAXED UNDER SUBCHAPTER S OF THE INTERNAL REVENUE CODE MAY NOT JOIN IN THE FILING OF A CONSOLIDATED INCOME TAX RETURN; TO AMEND SECTION 12-21-1090, RELATING TO REGULATIONS FOR THE PAYMENT AND COLLECTION OF CERTAIN TAXES, SO AS TO ALLOW THE DEPARTMENT TO PROMULGATE REGULATIONS AND ISSUE ADVISORY OPINIONS FOR THE PAYMENT AND COLLECTION OF CERTAIN TAXES; TO AMEND SECTION 12-35-40, RELATING TO MULTISTATE DISCUSSIONS OF SIMPLIFICATION REQUIREMENTS IN CONNECTION WITH THE SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT, SO AS TO PROVIDE THAT THE DELEGATION TO THE MULTISTATE DISCUSSION MEETINGS MAY BE REIMBURSED FOR LODGING, AIR FARE, AND OTHER BUSINESS EXPENSES; TO AMEND SECTION 12-36-2510, RELATING TO THE PROCEDURE FOR SEGREGATING SALES AND USE TAX WHEN IT IS IMPRACTICAL, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ISSUE CERTIFICATES ALLOWING A TAXPAYER TO PURCHASE TANGIBLE PERSONAL PROPERTY TAX FREE, TO PROVIDE THAT THE TAXPAYER BE LIABLE FOR ANY TAXES, AND TO PROVIDE A PROCEDURE FOR THE EFFICIENT ADMINISTRATION OF THIS PROCEDURE; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE IMPOSITION OF A STATE USE TAX ON CERTAIN TANGIBLE PERSONAL PROPERTY AND PROVIDING A CREDIT FOR TAXES PAID IN ANOTHER STATE, SO AS TO REQUIRE PROOF THAT THE SALES OR USE TAX WAS DUE AND PAID IN THE OTHER STATE AND TO DELETE A RECIPROCITY REQUIREMENT; TO AMEND SECTION 12-53-40, RELATING TO COSTS AND EXPENSES OF TAX SALES AND COLLECTIONS, SO AS TO INCLUDE THE COST OF FILING, ENROLLING, AND SATISFACTION OF A STATE TAX LIEN; BY ADDING SECTION 12-54-124 SO AS TO PROVIDE THAT IN THE CASE OF THE TRANSFER OF A MAJORITY OF THE ASSETS OF A BUSINESS OTHER THAN CASH, ANY TAX GENERATED BY THE BUSINESS WHICH WAS DUE ON OR BEFORE THE DATE OF THE TRANSFER CONSTITUTES A LIEN AGAINST THE ASSETS IN THE HANDS OF THE TRANSFEREE UNTIL THE TAXES ARE PAID, TO PROVIDE THAT FAIR MARKET VALUE MUST BE USED TO DETERMINE WHETHER A MAJORITY OF THE ASSETS HAVE BEEN TRANSFERRED, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY NOT ISSUE A LICENSE TO CONTINUE THE BUSINESS TO THE TRANSFEREE UNTIL ALL TAXES DUE TO THE STATE HAVE BEEN PAID AND MAY REVOKE A LICENSE ISSUED TO A BUSINESS THAT VIOLATES THIS PROVISION; TO AMEND SECTION 12-54-25, RELATING TO INTEREST THAT MUST BE PAID ON ANY TAX THAT IS NOT PAID WHEN DUE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE DISCLOSURE OF CERTAIN RECORDS OF AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO INCLUDE AS AN EXCEPTION TO THE PROHIBITION OF DISCLOSURE INFORMATION PURSUANT TO A SUBPOENA ISSUED BY A FEDERAL OR THE STATE GRAND JURY; TO AMEND ARTICLE 1, CHAPTER 60 OF TITLE 12, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH DISPUTES OR CLAIMS WITH THE DEPARTMENT OF REVENUE ARE DETERMINED AND RESOLVED; TO AMEND ARTICLE 5, CHAPTER 60 OF TITLE 12, RELATING TO STATE REVENUE APPEALS PROCEDURES, SO AS TO REVISE THESE APPEAL PROCEDURES; TO AMEND SECTION 12-60-2110, RELATING TO PROPERTY TAX ASSESSMENT PROTESTS, SO AS TO REVISE THE TIME FOR FILING THESE PROTESTS; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-60-2910, RELATING TO OBJECTIONS TO PERSONAL PROPERTY TAX ASSESSMENTS, SO AS TO REVISE THE TIME WITHIN WHICH A TAXPAYER MUST OBJECT TO THE ASSESSMENT; TO AMEND ARTICLE 13, CHAPTER 60 OF TITLE 12, RELATING TO PROCEDURES AND CONTESTED REVENUE CASES, SO AS TO REVISE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND DEPARTMENT HEARING OFFICERS; TO AMEND SECTION 30-2-30, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO PROVIDE THAT PERSONAL INFORMATION DOES NOT MEAN INFORMATION ABOUT THE NAMES AND ADDRESSES FROM REGISTRATION DOCUMENTS FILED WITH THE DEPARTMENT OF REVENUE AS A BUSINESS ADDRESS WHICH ALSO MAY BE A PERSONAL ADDRESS; AND TO REPEAL SECTION 6-4-30 RELATING TO THE DUTIES OF THE DEPARTMENT OF REVENUE IN CONNECTION WITH THE ACCOMMODATIONS TAX.
H. 3291 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION AND TO REQUIRE THE QUESTION TO BE CERTIFIED AT LEAST FORTY-FIVE DAYS BEFORE THE DATE OF THE GENERAL ELECTION.
The following Bill was taken up:
H. 3950 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS PERMITTING AND LICENSING AUTHORITY FOR AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE FOR REGULATION OF AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, RELATING TO COMMERCIAL FRESHWATER FISHING LICENSE REQUIRED WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON FROM PUBLIC WATERS WHO SELLS OR OFFERS THEM FOR SALE MUST HAVE A COMMERCIAL FRESHWATER FISHING LICENSE, PROVIDING THAT A PERSON SELLING , OFFERING FOR SALE, OR POSSESSION OF FRESHWATER NONGAME FISH MUST HAVE CERTAIN INVOICES AND OTHER DOCUMENTATION SHOWING THE ORIGIN AND FROM WHERE THE FISH WERE PROCURED, AND PROVIDING PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-1610, RELATING TO THE UNLAWFUL SALE AND TRAFFIC OF CERTAIN GAME FISH, SO AS TO PROVIDE AN EXCEPTION TO CERTAIN FISH AS ALLOWED BY THIS ARTICLE, AND TO REVISE THE PENALTY PROVISIONS OF THIS SECTION; AND TO REPEAL ARTICLE 1, CHAPTER 18, TITLE 50, RELATING TO HYBRID STRIPED BASS, SECTION 50-13-510, RELATING TO CERTAIN POND OWNER PERMITS, SECTION 50-13-1620, RELATING TO PENALTIES FOR UNLAWFUL SELLING OF FRESHWATER TROUT, SECTION 50-13-1640, RELATING TO DRAWING PRIVATE PONDS AND DISPOSING OF FISH, SECTION 50-13-1650, RELATING TO UNLAWFUL TRANSPORTATION OF GAME FISH OUT-OF-STATE, SECTION 50-13-1680, RELATING TO THE SALE OF MARKED TROUT, SECTION 50-13-1690, RELATING TO INFORMATION REQUIRED TO BE MARKED ON TROUT BEFORE SALE, SECTION 50-13-1700, RELATING TO RETAIL MARKETS SHOWING THE ORIGIN OF TROUT, SECTION 50-13-1710, RELATING TO RESPONSIBILITY OF RETAIL MARKETS FOR CERTAIN VIOLATIONS INVOLVING TROUT, SECTION 50-13-1720, RELATING TO REPORTS ON TROUT SOLD OR IMPORTED INTO THE STATE, SECTION 50-13-1730, RELATING TO REGULATIONS ON SELLING AND SHIPPING TROUT, SECTION 50-13-1740, RELATING TO CERTAIN PENALTIES FOR VIOLATIONS RELATING TO SALE AND TRAFFIC IN TROUT, SECTION 50-13-1750, RELATING TO GAME FISH BREEDER'S LICENSES, AND SECTION 50-13-1760, RELATING TO SALES OF WHITE PERCH.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9781SL03), which was adopted:
Amend the bill, as and if amended, Section 50-18-215, as contained in SECTION 1, page 3, by adding a new subsection to read:
/ (C) Applicants for permits or licensure under this chapter may be required to obtain additional federal or state permits required pursuant to Chapter 39, Title 48 of the 1976 Code and Regulation 61-9.122.25, as amended. /
Amend the bill further, pages 8 and 9, by deleting Sections 50-18-270(B) and (C), as contained in SECTION 1, and inserting:
/ (B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days. In addition to any penalty the presiding magistrate may order restitution to the department.
(C) A person who violates this section for a second or subsequent offense within three years of a first offense must be fined five thousand dollars, no part of which may be suspended, or imprisoned for up to one year, or both. In addition to any penalty the presiding judge may order restitution to the department. /
Amend the bill further, SECTION 7, page 13, line 2, by deleting /50-13-1760/ so that when amended the SECTION will read:
/SECTION 7. Article 1, Chapter 18, Title 50, and Sections 50-13-510, 50-13-1620, 50-13-1640, 50-13-1650, 50-13-1680, 50-13-1690, 50-13-1700, 50-13-1710, 50-13-1720, 50-13-1730, 50-13-1740, and 50-13-1750 of the 1976 Code are repealed./
Amend title to conform.
Rep. FRYE explained the amendment.
The amendment was then adopted.
Rep. FRYE explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W. D. Smith, Viers, Herbkersman, M. A. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, 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, Thompson, McLeod and Leach: 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22048HTC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 6, Title 44 of the 1976 Code is amended by adding:
Section 44-6-610. This article may be cited as the 'South Carolina Retirees and Individuals Pooling for Savings Act'.
Section 44-6-620. For purposes of this article:
(1) 'Department' means the Department of Health and Human Services.
(2) 'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United State Food and Drug Administration including insulin syringes, insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products.
(3) 'Program' means the South Carolina Retirees and Individuals Polling Together for Savings (SCRIPTS) program created pursuant to this article.
Section 44-6-630. There is created within the Department of Health and Human Services the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future.
Section 44-6-640. (A) This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.
(B) By December 30, 2003, the department must submit a program implementation and administration plan for review by the State Budget and Control Board. The plan must include:
(1) procedures for program enrollment;
(2) requirements for program participation; and
(3) annual program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program.
(C) Upon review of the State Budget and Control Board, the program may be implemented as soon as practicable.
(D) When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.
Section 44-6-650. A person eligible to participate in this program must:
(1) have attained the age of sixty-five years;
(2) have resided in South Carolina at least six consecutive months before enrolling in the program; and
(3) not be eligible for Medicaid prescription benefits.
Section 44-6-660. (A) The department shall maintain data to allow evaluation of the cost effectiveness of the program.
(B) Beginning with the 2005 regular session of the General Assembly, no later than thirty days before the convening of each regular session, the department shall submit an annual report to the Governor, the chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee summarizing enrollment, financial information, and any other information needed to evaluate the costs and benefits of the program.
Section 44-6-670. (A) The department may seek waivers of any federal laws, regulations, or rules necessary to implement this program
(B) The department may promulgate regulations necessary for the administration of this program.
Section 44-6-680. The program must be funded entirely from annual enrollment fees collected from program participants."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
Reps. PERRY, LOFTIS and HAMILTON requested debate on the Bill.
The question then recurred to the adoption of the amendment.
Rep. HAMILTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Coleman Cotty Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Keegan Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin McCraw McGee Merrill Miller J. M. Neal Ott Owens Parks Phillips E. H. Pitts M. A. Pitts Rhoad 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 Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Wilkins Witherspoon
Those who voted in the negative are:
Perry Rice Stille
So, the amendment was adopted.
Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11645AC03), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 6, Title 44 of the 1976 Code is amended by adding:
Section 44-6-610. This article may be cited as the 'South Carolina Retirees and Individuals Pooling for Savings Act'.
Section 44-6-620. For purposes of this article:
(1) 'Department' means the Department of Health and Human Services.
(2) 'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United State Food and Drug Administration including insulin syringes, insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products.
(3) 'Program' means the South Carolina Retirees and Individuals Polling Together for Savings (SCRIPTS) program created pursuant to this article.
Section 44-6-630. The Department of Health and Human Services shall study the feasibility of creating the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program, which is a program that would consider combining the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. The department shall assess if a SCRIPTS program would be in violation of federal law.
Section 44-6-640. By December 30, 2003, the department must submit the findings of its study for review by the State Budget and Control Board, the Chairman of Ways and Means Committee, and the Chairman of the Senate Finance Committee. The study must address:
(1) procedures for program enrollment;
(2) requirements for program participation; and
(3) annual program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program.
Section 44-6-650. (A) If the department creates a SCRIPTS program, the department shall administer the program. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.
(B) A person eligible to participate in a SCRIPTS program must:
(1) have attained the age of sixty-five years;
(2) have resided in South Carolina at least six consecutive months before enrolling in the program; and
(3) not be eligible for Medicaid prescription benefits."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. CLEMMONS moved to table the amendment.
Rep. CLEMMONS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Coleman Cooper Delleney Duncan Edge Freeman Gourdine Govan Hagood Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Huggins Keegan Kennedy Kirsh Koon Lee Limehouse Lloyd Lourie Lucas Mack Mahaffey McGee Merrill J. H. Neal J. M. Neal Neilson Ott Parks Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rutherford Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Talley Taylor Thompson Toole Trotter Umphlett Vaughn Viers Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Cotty Davenport Frye Gilham Hamilton Hosey Leach Littlejohn Martin McCraw Perry Phillips Rice Stewart Stille Townsend Walker
So, the amendment was tabled.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day to give a speech in Summerville.
The following Bill was taken up:
H. 3045 (Word version) -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.
Reps. MARTIN and SCOTT proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11664AC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Department of Transportation, by December 1, 2003, shall convene and complete a mobility development study committee of representatives from state and local health and human services agencies, at least one representative of a rural transportation authority, and one representative of a mass transit light rail system. The committee shall submit a statewide plan for improving the coordination of public transportation services to the Joint Legislative Committee on Medicaid and Health Care and to the Senate Transportation Committee and the House Education and Public Works Committee.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 4092 (Word version) -- Rep. Ott: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY LOCATED AT 220 BYNUM STREET IN ST. MATTHEWS, SOUTH CAROLINA, TO THE TOWN OF ST. MATTHEWS.
On motion of Rep. VAUGHN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:
S. 552 (Word version) -- Senator J. V. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2003 AND 2004, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.
On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary:
S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFEROR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED OR REJECTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.
Rep. W. D. SMITH asked unanimous consent to recall H. 3517 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
Rep. SCOTT asked unanimous consent to recall S. 288 (Word version) from the Committee on Judiciary.
Rep. WHITE objected.
Rep. RUTHERFORD asked unanimous consent to recall H. 4017 (Word version) from the Committee on Ways and Means.
Rep. KIRSH objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3233 (Word version) -- Reps. Talley, Altman, Walker and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
Rep. TALLEY 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 Senate amendments to the following Bill were taken up for consideration:
H. 3613 (Word version) -- Reps. Duncan, Coates, M. A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-1050, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO REMOVE DESTRUCTIVE WILDLIFE, SO AS TO FURTHER PROVIDE THAT A PERMIT ISSUED FOR THE REMOVAL OF DESTRUCTIVE BEAVERS IS VALID FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ISSUE.
Rep. MILLER proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\11675AC03), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 50-5-1335 of the 1976 Code, as last amended by Act 247 of 2002, is further amended to read:
"Section 50-5-1335. (A) It is unlawful to set or use a blue crab trap or basket commonly termed a 'crab pot' to catch crab for commercial purposes within these waters of this State:
(1) Pawley's Island Creek and Midway Creek on Pawley's Island in Georgetown County.; Individuals may set two crab pots to catch crabs for personal consumption and not for sale.
(B)(2) It is unlawful to set or use a trap or basket commonly termed a 'crab pot' to catch crab in the Atlantic Ocean within one hundred fifty feet of the mean low tide watermark on Atlantic Ocean shoreline of Pawley's Island in Georgetown County.; Individuals may catch crabs in the Atlantic Ocean within one hundred fifty feet of the mean low tide watermark on Pawley's Island by means other than the use of a 'crab pot' for personal consumption and not for sale.
(3) DeBordieu Creek and its tributaries and distributaries above the entrance to Bass Hole Creek and seaward of the causeways of Luvan Boulevard in Georgetown County;
(4) Sampit River above a line connecting the point on the eastern shoreline of Sampit River at its confluence with Winyah Bay at latitude 33°21.08' N, longitude 79º16.71' W and the point on the western shoreline of Winyah Bay generally south of its confluence with Sampit River at latitude 33º20.68' N, longitude 79º16.90' W in Georgetown County; and
(5) Little Chechessee Creek in Beaufort County.
B. Section 50-5-1340 of the 1976 Code is repealed."/
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. WITHERSPOON raised the Point of Order that Amendment No. 1A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
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 Senate amendments to the following Bill were taken up for consideration:
H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
The Education and Public Works Committee proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\20563SD03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-1-430 of the 1976 Code is amended to read:
"Section 59-1-430. Beginning with the 2003-2004 school year, each local school district board of trustees shall have the authority to establish an annual school calendar for students, faculty and staff to include starting dates, ending dates, holidays, inservice days, and professional development days. Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, or extreme weather conditions, or other disruptions must be made up. All school districts shall annually designate at least three days for students and at least three days for teachers within their school calendars to be used as make-up days in the event of these occurrences. In the event that sufficient make-up days are not in the school district calendar, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed. Schools operating on a four by four block schedule shall make every effort to make up the time during the semester that days are missed. Any plan to make up days by lengthening the school day must be approved by the State Department of Education prior to implementation. In meeting the requirements of Act 436 of 1982, no makeup days for students may be scheduled on Saturdays. Provided, However, That remedial Tutorial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board. However, if a local school board chooses to make up days on Saturdays, tutorial instruction for grades 7 through 12 must be scheduled during an alternate time.
Prior to introducing local legislation to excuse any days missed because of snow, extreme weather conditions, or other disruptions, legislative delegations should ascertain, by requesting a vote of the local school board of trustees, whether the board is in support of excusing days missed for students or teachers, or both. Additionally, legislative delegations should determine whether the district has used the required designated make-up days or attempted to make up days by lengthening the hours of school operation prior to the introduction of local legislation to excuse days."
SECTION 2. Section 59-5-71 of the 1976 Code, as added by Act 356 of 2002, is repealed.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3206 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Stille, Taylor, Bailey, Delleney, Ceips, Walker, Bales, Mahaffey, G. M. Smith, J. E. Smith, Bingham, Sandifer, Toole, Young, Clemmons, Keegan, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: 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 AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY; 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 WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; 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 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 A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, 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 AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, DELETING EXPENDITURES WHEN TAKEN AS A WHOLE AND IN CONTEXT MADE BY A PERSON EXPRESSLY TO URGE A PARTICULAR RESULT IN AN ELECTION, 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 SHALL FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED 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 AND REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, AND A PARTY COMMITTEE TO FILE A CERTIFIED CAMPAIGN REPORT UPON THE RECEIPT OF ANYTHING OF VALUE WHICH TOTALS MORE THAN FIVE HUNDRED DOLLARS AND DEFINE "ANYTHING OF VALUE"; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION SHALL 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 8-13-1316, 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 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 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; 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 A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1371 SO AS TO ESTABLISH CONDITIONS UNDER WHICH CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE MAY BE USED, PROVIDE THAT THE STATE ETHICS COMMISSION HAS JURISDICTION TO SEIZE FUNDS AND DISTRIBUTE THEM AMONG VARIOUS SPECIFIED FUNDS OR ENTITIES IF THERE IS A VIOLATION OF THIS 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; BY ADDING SECTION 8-13-1373 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, TO DEFEND AN ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL HAS BEEN REQUESTED AND REFUSES TO DEFEND THE 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, CHAPTER 13, TITLE 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. HARRISON proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\3496DW03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. That portion of subsection (A) immediately preceding item (1) of Section 2-17-30 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Each lobbyist, no later than April tenth June thirtieth and October tenth January thirty-first of each year, must shall file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall must be from January first to March May thirty-first for the April tenth June thirtieth report and shall must be from April June first to September thirtieth December thirty-first for the October tenth January thirty-first report. Any A lobbying activity not reflected on the October tenth June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 2. That portion of subsection (A) immediately preceding item (1) of Section 2-17-35 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth and October tenth of each year, must shall file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall must be from January first to March thirty-first for the April tenth report and shall must be from April first to September thirtieth for the October tenth report. Any A lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 3. That portion of subsection (A) immediately preceding item (1) of Section 2-17-40 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Each state agency or department shall, no later than April first tenth and October first tenth of each year, shall file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report and from April first to September thirtieth for the October tenth report. A lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 4. Section 2-17-90(A) of the 1976 Code is amended by adding:
"(7) as to cabinet officers, a function to which all cabinet officers are invited."
SECTION 5. Section 2-17-90(A)(1) of the 1976 Code is amended to read:
"(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended at national and regional conventions and conferences to all members in attendance;"
SECTION 6. Section 2-17-90(B) of the 1976 Code is amended to read:
"(B) No A lobbyist's principal or person acting on behalf of a lobbyist's principal may not provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per for each public official or public employee."
SECTION 7. Section 8-13-100(12) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(12) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 8. Section 8-13-320(10)(b) of the 1976 Code is amended to read:
"(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall dismiss the complaint and notify the complainant and respondent, and the entire matter must be stricken from public record unless the respondent, by written authorization, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint. Notice of waiver must be forwarded to the State Ethics Commission."
SECTION 9. Section 8-13-530(1) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(1) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or candidate for the appropriate house, misconduct of a member of, legislative caucus committees for, or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;"
SECTION 10. Section 8-13-1300(6) of the 1976 Code is amended to read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual a person who, to influence the outcome of an elective office or a ballot measure, makes:
(a) contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election."
SECTION 11. Section 8-13-1300(9) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(9) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 12. Section 8-13-1300(17) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(17) 'Independent expenditure' means:
(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election an expenditure made by a person to influence the outcome of an elective office or ballot measure but which is not:
(i)(a) made to;
(ii)(b) controlled by;
(iii)(c) coordinated with;
(iv)(d) requested by; or
(v)(e) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."
SECTION 13. Section 8-13-1300 of the 1976 Code is amended by adding the following items at the end to read:
"(31) 'Ballot measure committee' means:
(a) an association, a club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle;
(b) a person who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or
(c) a person who makes independent expenditures aggregating five hundred dollars or more during an election cycle.
(32) 'Influence the outcome of an elective office' means:
(a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or
(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'."
SECTION 14. Section 8-13-1302 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1302. A candidate, or committee, or ballot measure committee shall maintain and preserve an account of:
(1) the total of contributions accepted by the candidate, or committee, or ballot measure committee;
(2) the name and address of each person making a contribution and the date of receipt of each contribution;
(3) the total of expenditures made by or on behalf of the candidate, or committee, or ballot measure committee;
(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure; and
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure.
(B) The candidate, or committee, or ballot measure committee must shall maintain and preserve all receipted bills and accounts required by this article for four years."
SECTION 15. Section 8-13-1304 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must shall file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must shall file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.
(B) A ballot measure committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure shall file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure shall file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."
SECTION 16. Section 8-13-1306 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include:
(1) the full name of the committee or ballot measure committee;
(2) the complete address and telephone number of the committee or ballot measure committee;
(3) the date the committee or ballot measure committee was organized;
(4) a summary of the purpose of the committee or ballot measure committee;
(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must shall specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;
(6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;
(7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts if other than the designated officers;
(8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and
(9) a certification of the statement by the chairman and the treasurer.
(B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public.
(C) The chairman must shall notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."
SECTION 17. Section 8-13-1308(A) of the 1976 Code is amended to read:
"(A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must shall file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must shall file an initial certified campaign report fifteen days before an election."
SECTION 18. Section 8-13-1308 of the 1976 Code is further amended by adding a new subsection to read:
"(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee shall file a certified campaign report upon the receipt of anything of value which total in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party also shall comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."
SECTION 19. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) shall file an initial certified campaign report within ten days of these initial receipts or expenditures.
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).
(C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee shall maintain a current list during the period before the ballot measure election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.
(D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee shall combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election.
(E) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total of contributions accepted by the ballot measure committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;
(3) the total expenditures made by or on behalf of the ballot measure committee; and
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
SECTION 20. Section 8-13-1310 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Section 8-13-1310. (A) All persons required to file certified campaign reports under pursuant to the provisions of this article must shall file those reports with the appropriate supervisory office.
(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must shall forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt.
(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file.
(D) As provided in Section 8-13-1372, the State Election Ethics Commission must shall review all statements forwarded to it by the State Ethics Commission for inadvertent and unintentional errors or omissions."
SECTION 21. Section 8-13-1316 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty thousand dollars in the case of a candidate for statewide office;
(2) five thousand dollars in the case of a candidate for any other office.
(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall must not be included in the contribution limits under pursuant to the provisions of subsection (A). However, multi-candidate promotional expenditures are limited to:
(1) the operation of telephone banks;
(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or
(3) voter registration and ballot information.
(C) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within ten days shall remit the contribution to the Children's Trust Fund."
SECTION 22. Section 8-13-1324 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1324. (A) A person may not make an anonymous contribution to a candidate, or committee, or ballot measure committee and a candidate, or committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.
(B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must shall remit the contribution to the Children's Trust Fund."
SECTION 23. Section 8-13-1332 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1332. It is unlawful for:
(1) a committee or ballot measure committee to make a contribution or expenditure by using:
(a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or
(b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or
(c) monies obtained by the committee or the ballot measure committee in a commercial transaction.
(2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution;
(3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families;, except as provided in Section 8-13-1333.
(4) an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families."
SECTION 24. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1333. (1) Not-for-profit corporations and committees formed by not-for-profit corporations may solicit contributions from the general public;
(2) An organization or a committee of an organization may solicit contributions from the general public."
SECTION 25. Section 8-13-1354 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Section 8-13-1354. A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, or a candidate, or a ballot measure must shall place his name and address on the printed matter in all capital letters and in twelve point type or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."
SECTION 26. Section 8-13-1366 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and county clerks of court may not require any information or identification as a condition of viewing a report or reports. The commissions, ethics committees, and the county clerks of court shall ensure that the reports are available for copying or purchase at a reasonable cost."
SECTION 27. Section 8-13-1368 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.
(B) Committees or ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.
(C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve but must shall report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.
(D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."
SECTION 28. Section 8-13-1370(C) of the 1976 Code, added by Act 248 of 1991, is amended to read:
"(C) A committee or ballot measure committee required to file reports under pursuant to the provisions of this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's or ballot measure committee's purposes must shall designate how the surplus funds are to be distributed. The surplus funds must be:
(1) contributed to the state's general fund;
(2) returned pro rata to all contributors;
(3) (a) contributed to a political party or to another committee;
(b) or if a ballot measure committee, to another ballot measure committee;
(4) contributed to an organization exempt from tax under pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986; or
(5) distributed using a combination of these options."
SECTION 29. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1371. (A) A ballot measure committee may not use or permit the use of contributions solicited for or received by the ballot measure committee for any purpose other than the purpose for which the ballot measure committee was originally created, unless a person making the contribution gives written authorization for a different use other than for which it was originally intended.
(B) The State Ethics Commission shall have jurisdiction to seize all funds in a ballot measure committee's account and distribute them in accordance with subsection (D) of this section when the ballot measure committee violates the provisions of this section.
(C) Within sixty days after the election or referendum at which the ballot measure committee attempted to influence the outcome of the election or referendum, the funds remaining in the ballot measure committee's account after the election or referendum must be distributed in accordance with subsection (D) of this section.
(D) The seized funds must be:
(1) contributed to the state's general fund;
(2) contributed to an organization exempt from tax under pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986;
(3) returned pro rata to all contributors; or
(4) distributed using a combination of these options."
SECTION 30. Section 8-13-1372 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1372. (A) The State Election Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Election Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.
(B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."
SECTION 31. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1373. If the Attorney General, after request by the State or any of its political subdivisions refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated to the civil contingency fund, shall defend the action brought against the State or its political subdivision."
SECTION 32. Section 8-13-1510 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under pursuant to the provisions of this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if not filed within five days after the established deadline provided by law in this chapter;
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not exceeding five hundred dollars."
SECTION 33. Section 8-13-1520 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.
(B) Except as otherwise specifically provided for in Article 13 of this chapter, a person who intentionally violates a provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or be imprisoned for not more than one year, or both.
(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."
SECTION 34. 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 the 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, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 35. Section 2-17-20(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(A) Any person who acts as a lobbyist shall, within fifteen days of being employed, appointed, or retained as a lobbyist, shall register with the State Ethics Commission as provided in this section. Each person registering shall pay a fee of fifty one hundred dollars and present to the State Ethics Commission a communication reflecting the authority of the registrant to represent the person by whom he is employed, appointed, or retained. If a partnership, committee, association, corporation, labor organization, or any other another organization or group of persons registers as a lobbyist, then it must shall identify each person who will act as a lobbyist on its behalf during the covered period. There is no registration fee for a lobbyist who is a full-time employee of a state agency and limits his lobbying to efforts on behalf of that particular state agency."
SECTION 36. Section 2-17-20(C) of the 1976 Code is amended to read:
"(C) Each lobbyist who ceases to engage in lobbying requiring him to register under pursuant to this section must shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist who files a written statement of termination under pursuant to this section must shall file reports required by this chapter for any reporting period during which he the lobbyist was registered engaged in lobbying requiring him to register under pursuant to this section."
SECTION 37. Section 2-17-20(G) of the 1976 Code is amended to read:
"(G) A lobbyist must shall reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist is registered, regardless of termination of lobbying activities during that year."
SECTION 38. Section 2-17-25(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(A) Any lobbyist's principal shall, within fifteen days of employing, appointing, or retaining a lobbyist, shall register with the State Ethics Commission as provided in this section. Each person registering shall pay a fee of fifty one hundred dollars. If a partnership, committee, an association, a corporation, labor organization, or any other another organization or group of persons registers as a lobbyist's principal, then it must shall identify each person who will act as a lobbyist on its behalf during the covered period. If the State is a lobbyist's principal, the State is exempt from paying a registration fee and filing a lobbyist's principal registration statement."
SECTION 39. Section 2-17-25(C) of the 1976 Code is amended to read:
"(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register under pursuant to this section must shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist's principal who files a written statement of termination under pursuant to this section must shall file reports required by this chapter for any reporting period during which he the lobbyist's principal was registered under pursuant to this section."
SECTION 40. Section 2-17-25(G) of the 1976 Code is amended to read:
"(G) A lobbyist's principal must shall reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist's principal is registered, regardless of termination of authorization of lobbying activities during that year."
SECTION 41. Section 8-13-1300(4) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(4) 'Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. Candidate also means a person who is exploring whether or not to seek election at the state or local level. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION 42. Section 8-13-1300(7) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(7) 'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election or to explore whether or not to seek election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge. 'Contribution' does not include volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source.
SECTION 43. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following Concurrent Resolution was taken up:
S. 652 (Word version) -- Senators Knotts, Ford, Malloy and Leatherman: A CONCURRENT RESOLUTION TO MEMORIALIZE AND URGE THE CONGRESS OF THE UNITED STATES TO QUICKLY APPROPRIATE HOMELAND SECURITY FUNDS NECESSARY TO PROTECT THE HEALTH OF EMERGENCY RESPONDERS AND DISASTER RELIEF PERSONNEL, TO URGE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SECURE FEDERAL FUNDING AND ADVANCE BIOTERRORISM PREPAREDNESS AID FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ENSURE THAT EMERGENCY RESPONDERS AND DISASTER RELIEF PERSONNEL RECEIVE CERTAIN RECOMMENDED VACCINATIONS, AND TO ENSURE THAT SUPPLIES OF CERTAIN VACCINES ARE AVAILABLE.
Whereas, emergency responders and disaster relief personnel are critical elements in the safety of South Carolina during emergencies; and
Whereas, emergency responders and disaster relief personnel risk their personal health as well as their lives to serve their fellow citizens; and
Whereas, certain emergency responders and disaster relief personnel such as state and local law enforcement personnel, fire department personnel, correctional officers, and emergency medical personnel, may be deployed in advance of or in response to a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or similar emergency; and
Whereas, the vaccination of emergency responders and disaster relief personnel is necessary for the preservation of the public peace, health, and safety. Now, therefore, be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina General Assembly recognizes the tremendous contribution that emergency responders and disaster relief personnel make to South Carolina and its citizens and, therefore, urges Congress to quickly appropriate the necessary homeland security funds to protect the health of emergency responders and disaster relief personnel, and also urges the South Carolina Department of Health and Environmental Control to make every effort in attempting to secure federal funding and to take all necessary steps in the application procedure to advance bioterrorism preparedness aid from the federal program via the Secretary of the United States Department of Health and Human Services normal or, if circumstances demand it, expedited application procedure.
Be it further resolved that in preparation for a potential declared state of emergency, the General Assembly requests the South Carolina Department of Health and Environmental Control to ensure that emergency responders and disaster relief personnel who may be exposed to infectious diseases when deployed to a disaster location, receive vaccinations that include, but are not limited to, vaccinations for hepatitis A, hepatitis B, diphtheria-tetanus, influenza, pneumococcal, and any other diseases for which vaccinations are recommended by the South Carolina Department of Health and Environmental Control and the United States Public Health Service and in accordance with Federal Emergency Management Directors Policy. The Department of Health and Environmental Control is requested to promote awareness of this vaccination effort.
Be it further resolved that the General Assembly urges the South Carolina Department of Health and Environmental Control to ensure that there is a sufficient supply of vaccine available for emergency responders in the event of a public health emergency in South Carolina.
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.
Be it further resolved that a copy of this resolution be forwarded to the Commissioner of the South Carolina Department of Health and Environmental Control.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. SKELTON.
The following Bill was taken up:
H. 3220 (Word version) -- Reps. Lourie, Bales, Littlejohn, Clemmons, Cotty, Weeks, Neilson, Miller and McLeod: 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".
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11554AC03) :
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 38 , Title 43 of the 1976 Code is amended by adding:
Section 43-38-300. There is created the Volunteer Long Term Care Advocate Program under the Long Term Care Ombudsman Program. The purpose of this program is to augment the services provided by the Ombudsman Program by assisting the program in providing a higher level of service to long term care residents and by maintaining a higher degree of presence in nursing homes.
Section 43-38-310. The department shall contract with area agencies on aging, authorized under the federal Older Americans Act and which operate regional ombudsman programs, to employ a volunteer coordinator for each agency and one statewide volunteer coordinator. The Long Term Care Ombudsman Program shall assist the volunteer coordinators in recruiting, screening, training, and placing volunteers, and staff of the regional ombudsman programs shall supervise the volunteer coordinators and provide ongoing guidance and direction to the volunteer advocates. The Long Term Care Ombudsman shall supervise the statewide volunteer coordinator and provide guidance and technical assistance to the regional volunteer programs.
Section 43-38-320. In carrying out this program, a volunteer advocate may, among other things:
(1) make regular visits to a nursing home where he is assigned;
(2) identify and informally to address concerns of nursing home residents and families;
(3) provide information to and assistance in gathering information for regional ombudsmen.
Section 43-38-330. (A) A regional ombudsman program may not place a volunteer advocate until the volunteer advocate has undergone a criminal record check as provided in this section. A regional ombudsman program may consider the information revealed by a criminal record check as a factor in evaluating a volunteer's application to participate in the program.
(B) If the regional ombudsman program is unable to verify South Carolina residency for a volunteer advocate for the preceding twelve months, the applicant must undergo a federal criminal record check in addition to the state criminal record check. However, if the volunteer advocate applicant can verify residency in North Carolina or Georgia for the twelve months preceding the date of application, the regional ombudsman program shall conduct only a state criminal record check in the applicant's resident state.
(C) Criminal record checks must be conducted by the State Law Enforcement Division or by a private business, organization, or association which conducts background checks if that entity utilizes current criminal records obtained from the State Law Enforcement Division or the Federal Bureau of Investigation to determine any criminal record. A volunteer advocate applicant shall submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by the State Law Enforcement Division. Fingerprint cards submitted to the State Law Enforcement Division pursuant to this section must be used to facilitate a national criminal record check, as required by this section. (D) The criminal record check is not required to be repeated as long as the person continues to serve as a volunteer with a regional ombudsman program; however, if a person fails to participate in the volunteer ombudsman program for one year or longer, the criminal record check must be repeated before resuming volunteer advocate activities with the program. The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the volunteer advocate or the volunteer ombudsman program.
Section 43-38-340. Beginning in fiscal year 2003-2004, the Department of Health and Human Services initially shall implement this program for a three year period in a limited number of areas considering the areas of the state where complaints about nursing homes received by the department have been highest using funds from civil money penalties, provided under federal law. The department shall submit a report including recommendations to the General Assembly and the Governor no later than January 15, 2006 on the program's implementation. As state and other funds become available, the department shall expand the program statewide.
Section 43-38-350. A nursing home may not be held liable for civil or criminal acts or omissions of a volunteer advocate.
Section 43-38-360. The Department of Health and Human Services shall promulgate regulations to implement the provisions of this article including, but not limited to, volunteer training and certification requirements and the scope of volunteer activities."
SECTION 2. Sections 43-38-10 through 43-38-60 of the 1976 Code are designated as Article 1 of Chapter 38, Title 43 and named 'Health Facility Investigations'.
SECTION 3. This act takes effect July 1, 2003.
Renumber sections to conform.
Amend title to conform.
Rep. HAYES explained the amendment.
Rep. HAYES spoke in favor of the amendment.
Rep. TRIPP moved to adjourn debate on the Bill until Wednesday, May 14.
Rep. LOURIE moved to table the motion, which was not agreed to by a division vote of 32 to 34.
The question then recurred to the motion to adjourn debate until Wednesday, May 14, which was agreed to.
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.
Reps. SANDIFER and CATO proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3495SD03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 27-33-50 of the 1976 Code, as added by Act 336 of 2002, is amended by adding at the end:
"(C) This provision does not apply to a landlord whose property is a multi-unit building consisting of four or more residential units served by a master meter or single connection." /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bales Barfield Battle Bingham Bowers Branham J. Brown Cato Ceips Chellis Clemmons Clyburn Coleman Cooper Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hamilton Harrison Haskins Herbkersman J. Hines Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Perry Phillips Rhoad Rice Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
E. H. Pitts
So, the Bill, as amended, was read the second time and ordered to third reading.
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. DUNCAN moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22105HTC03), which was adopted:
Amend the bill, as and if amended, by striking Section 12-36-680(A) as contained in SECTION 1, and inserting:
/ (A) Notwithstanding any other provisions of law, the governing body of a county by ordinance may require changes in the appraised value and use of real property attributable to structural improvements on the real property to be listed for taxation with the auditor within thirty days following the day upon which the improvements are completed and fit for the intended use.
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. MCGEE proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22116HTC03), which was adopted:
Amend the bill, as and if amended, by striking Section 12-37-680(A) as contained in SECTION 1, and inserting:
/ (A) Notwithstanding any other provisions of law, the governing body of a county by ordinance may require changes in the appraised value and use of real property attributable to structural improvements on the real property to be listed for taxation with the auditor within thirty days following the day upon which the improvements are completed and fit for the intended use. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. MCGEE proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22120HTC03), which was adopted:
Amend the bill, as and if amended, in Section 12-37-680, as contained in SECTION 1, page 2, by striking the quotation on line 10 and inserting immediately after line 10:
/ (D) The provisions of this section, when applied to dwellings, do not apply until the improved property is occupied." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. CLEMMONS proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11666AC03), which was tabled:
Amend the bill, as and if amended, by deleting Section 12-36-680(A) on page 3963-1 and inserting:
/(A) Notwithstanding any other provision of law, the governing body of a county that generates ten million dollars or more in accommodations tax in any one year prior to the effective date of this act or thereafter may, by ordinance, require changes in the appraised value and use of real property attributable to structural improvements on the real property to be listed for taxation with the auditor within thirty days following the day upon which the structural improvements are completed and fit for the intended use./
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
Rep. KIRSH spoke against the amendment.
The amendment was then rejected by a division vote of 17 to 37.
Rep. LOFTIS spoke against the Bill.
Rep. HARRELL moved to adjourn debate on the Bill until Thursday, May 1, which was agreed to.
Rep. LEACH moved to adjourn debate upon the following Bill until Friday, May 30, which was adopted:
H. 3475 (Word version) -- Reps. F. N. Smith and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO REQUIRE ALL COUNTIES TO RECOGNIZE MARTIN LUTHER KING, JR. DAY AS A COUNTY HOLIDAY.
The following Bill was taken up:
H. 3777 (Word version) -- Reps. Scott, Harrison, Simrill, J. E. Smith, J. H. Neal, Bales, Cotty, Govan, McLeod, Parks, Hosey, Duncan, Rutherford, Taylor, Whipper, Allen, Altman, Anthony, Bailey, Barfield, Battle, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Mahaffey, Martin, McGee, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Perry, E. H. Pitts, Quinn, Rhoad, Rice, Sheheen, Richardson, Skelton, Rivers, Scarborough, Sinclair, D. C. Smith, F. N. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, Weeks, Wilkins and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650 RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3440DW03), which was adopted:
Amend the bill, as and if amended, SECTION 6, page 5, by inserting after / Governor / on line 38: / and when funding is available to implement the requirements of this act /
Renumber sections to conform.
Amend title to conform.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Cobb-Hunter Coleman Cooper Cotty Delleney Duncan Edge Emory Freeman Frye Gourdine Govan Hagood Hamilton Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Huggins Keegan Kirsh Koon Leach 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 E. H. Pitts Quinn Rhoad Rice 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 Stewart Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Pinson M. A. Pitts
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3465DW03), which was adopted:
Amend the bill, as and if amended, Section 12-21-4007(A)(2)(i), SECTION 1, page 3, by striking subitem (i) in its entirety and inserting:
/ (i) must not be a video lottery machine, or be used in any other capacity as a video gaming machine as prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. No game other than bingo, such as puzzles, solitaire, poker, blackjack, may be played using an electronic dabber. /
Amend further, Section 12-21-4009, SECTION 1, page 3, by inserting after / play / on line 40 / in the location licensed for bingo play pursuant to law /.
When amended Section 12-21-4009 reads:
/ Section 12-21-4009. The use of an electronic or mechanical device designed for a bingo game authorized pursuant to this chapter must be limited to a bingo promoter and the promoter's employees or any other person authorized by law to conduct bingo only in order to facilitate bingo play in the location licensed for bingo play pursuant to law, and this machine must not dispense as a prize coins or currency. The operation of the bingo games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. /
Amend further, Section 12-21-4120, SECTION 7, page 6, by inserting after the period on line 13 a new sentence to read:
/ A response or any failure to respond is not grounds for estoppel nor does it grant any rights to the organization or promoter seeking a clarification. /
When amended the section reads:
/ "Section 12-21-4120. Any An organization or a promoter seeking clarification on the play of or operation of a bingo game shall submit to the department's bingo regulatory section a written request seeking a determination as to whether or not a certain or specific action constitutes a violation. A conference may be requested upon the receipt of the clarification request. The department shall respond, in writing, to the party requesting the clarification, citing specific statutes which disqualify an action and, when applicable, citing actions that are authorized pursuant to the laws of this State. A response or any failure to respond is not grounds for estoppel nor does it grant any rights to the organization or promoter seeking a clarification. Any An organization or a promoter found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request." /
Amend further, by adding appropriately numbered SECTIONS to read:
/ SECTION __. Section 12-21-3940 of the 1976 Code is amended by adding a new subsection to read:
"(D) A license must not be issued for conducting a game of bingo at an establishment holding a license pursuant to the provisions of Section 61-6-1820."
SECTION __. Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-4011. Notwithstanding any provision of law, federally-recognized Indian tribes authorized to conduct bingo games in South Carolina may use hardwire technology for bingo play. Nothing in this section may be construed to allow video poker play and the prohibitions regarding video poker in Sections 12-21-2710, 16-19-40, and 16-19-50 apply." /
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Rep. SKELTON proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5407CM03), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION __. Section 12-21-4020(2), of the 1976 Code, as last amended by Act 334 of 2002, is further amended to read:
"(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed eight twelve thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than five bingo sessions a week." /
Renumber sections to conform.
Amend title to conform.
Rep. SKELTON explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 44 to 27.
Rep. QUINN proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22124HTC03), which was adopted:
Amend the bill, as and if amended, in Section 12-21-4011, as contained in the unnumbered section added on page 3986-2, by striking lines 37, 38 and 39 and inserting / play /.
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION _____. Article 24, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-3935. Nothing in this article may be construed to allow video poker play and the prohibitions regarding video poker in Sections 12-21-2710, 16-19-40, and 16-19-50 apply." /
Renumber sections to conform.
Amend title to conform.
Rep. QUINN explained the amendment.
Rep. WHIPPER raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. QUINN argued contra.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then adopted.
Rep. COOPER explained the Bill.
Rep. MERRILL moved to table the Bill.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Branham Breeland G. Brown R. Brown Ceips Clark Coleman Cotty Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrison Haskins M. Hines Huggins Jennings Koon Leach Littlejohn Loftis Lourie Lucas Mack Martin Merrill Miller J. H. Neal J. M. Neal Parks Phillips E. H. Pitts M. A. Pitts Scarborough Sheheen D. C. Smith G. M. Smith J. E. Smith Stewart Stille Talley Toole Umphlett Viers Weeks Whipper Wilkins Witherspoon
Those who voted in the negative are:
Allen Anthony Bales Barfield Battle Bingham Bowers J. Brown Cato Chellis Clemmons Clyburn Cobb-Hunter Cooper Govan Harrell Hayes Herbkersman J. Hines Hinson Hosey Keegan Kirsh Limehouse Lloyd Mahaffey McCraw McGee McLeod Moody-Lawrence Neilson Ott Owens Perry Pinson Quinn Rhoad Rice Rivers Rutherford Sandifer Scott Simrill Sinclair Skelton F. N. Smith Taylor Thompson Townsend Tripp Trotter Walker White Whitmire Young
So, the House refused to table the Bill.
Rep. HARRELL moved to adjourn debate on the Bill until Thursday, May 1, which was agreed to.
The following Bill was taken up:
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.
Rep. WHIPPER requested debate on the Bill.
Rep. COOPER moved to adjourn debate on the Bill until Thursday, May 1, which was agreed to.
The following Bill was taken up:
H. 4008 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-11-40, AS AMENDED, RELATING TO APPLICATIONS TO BECOME A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR WHAT CONSTITUTES "EARNED SERVICE" AND "EARNABLE COMPENSATION" FOR PURPOSES OF BENEFIT ELIGIBILITY; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE OF MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE HOW AN ACTIVE MEMBER MAY ESTABLISH SERVICE CREDIT FOR SERVICE UNDER OTHER SPECIFIED RETIREMENT PROGRAMS; TO AMEND SECTION 9-20-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO REVISE OR ADD DEFINITIONS; TO AMEND SECTION 9-20-40, AS AMENDED, RELATING TO PARTICIPATION IN AND ELECTION OF RETIREMENT SYSTEMS IN WHICH TO PARTICIPATE AND THE CHANGING OF SYSTEMS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS FOR PARTICIPATION IN THE STATE OPTIONAL RETIREMENT PROGRAM AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM OR PARTICIPATE CONCURRENTLY IN SUCH SYSTEMS; AND TO AMEND SECTION 9-20-60, AS AMENDED, RELATING TO GROUP LIFE INSURANCE BENEFITS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO DELETE RESTRICTIONS ON PAYING RETIREMENT BENEFITS FOR SERVICE IN CERTAIN OTHER RETIREMENT PROGRAMS.
Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20556SD03), which was adopted:
Amend the bill, as and if amended, in Section 9-1-1140(B) of the 1976 Code, as contained in SECTION 2, by adding after /another / on line 38, page 3, / defined benefit /;
Amend further, as and if amended, in Section 9-1-1140(F) of the 1976 Code, as contained in SECTION 2, by adding before /transfer / on line 36, page 5, / plan /;
Amend further, as and if amended, in Section 9-11-50(B) of the 1976 Code, as contained in SECTION 5, by adding before /retirement / line 9, page 8, / defined benefit /
Amend further, as and if amended, in Section 9-11-50(F) of the 1976 Code, as contained in SECTION 5, by adding before / transfer / line 20, page 9, / plan /.
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. MAHAFFEY moved to adjourn debate on the Bill.
Rep. COOPER moved to table the motion, which was agreed to by a division vote of 42 to 35.
Rep. COOPER explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bales Barfield Battle Bingham Branham Breeland G. Brown R. Brown Ceips Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Cotty Delleney Duncan Emory Freeman Gilham Govan Hagood Hamilton Harrell Hayes Herbkersman J. Hines M. Hines Hinson Hosey Huggins Jennings Keegan Kennedy Kirsh Koon Leach Loftis Lourie Lucas Mack Martin McCraw McGee McLeod 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 Rutherford Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith J. E. Smith J. R. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. MCGEE moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., April 30, 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:
Orangeburg County Master-in-Equity
Term Commencing: August 14, 2003
Term Expiring: August 14, 2009
Seat: Master-in-Equity
Reappointment
The Honorable Olin D. Burgdorf
Post Office Box 9000
Orangeburg, South Carolina 29116
803-533-6286
Very respectfully,
President of the Senate
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION AS PROVIDED IN THE SOUTH CAROLINA CIRCUIT COURT ALTERNATIVE DISPUTE RESOLUTION RULES; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-825, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A ZONING BOARD OF APPEALS DECISION; TO AMEND SECTION 6-29-830, RELATING TO THE NOTICE OF APPEAL FROM A ZONING BOARD OF APPEALS DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-840, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-890, RELATING TO AN APPEAL TO A BOARD OF ARCHITECTURAL REVIEW, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-900, RELATING TO AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-915, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION; TO AMEND SECTION 6-29-920, RELATING TO THE NOTICE OF APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-930, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-1150, RELATING TO AN APPEAL FROM A DECISION OF A PLANNING COMMISSION, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION THAT, WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET, AND THAT, IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-9-1155, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A PLANNING COMMISSION DECISION; AND TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING ARTICLE 9, SO AS TO PROVIDE EDUCATIONAL REQUIREMENTS FOR ZONING OFFICIALS AND EMPLOYEES AND TO CREATE AN ADVISORY COMMITTEE TO APPROVE COURSES FOR ORIENTATION AND CONTINUING EDUCATION PROGRAMS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3563 (Word version) -- Rep. Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-100 SO AS TO PROVIDE THAT A STRAW THAT IS DISTRIBUTED IN A RESTAURANT OR ANOTHER PUBLIC PLACE MUST BE COVERED IN A WRAPPER.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 419 (Word version) -- Senators J. V. Smith, Fair, Hutto, McConnell, Moore, Rankin and Richardson: A BILL TO AMEND SECTION 44-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE EXEMPTION FOR OFFICES OF LICENSED PRIVATE PRACTITIONERS AND REQUIRE THAT A LICENSED PRIVATE PRACTITIONER OBTAIN A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE UNDERTAKING CONSTRUCTION OR ESTABLISHMENT OF A NEW HEALTH CARE FACILITY OR ACQUIRING CERTAIN MEDICAL EQUIPMENT USED FOR DIAGNOSIS OR TREATMENT.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 648 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2825, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4086 (Word version) -- Reps. Duncan, Taylor and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 56 IN LAURENS COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO THE ENOREE RIVER BRIDGE WHICH FORMS THE BOUNDARY BETWEEN LAURENS COUNTY AND SPARTANBURG COUNTY "DONNY WILDER HIGHWAY" AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "DONNY WILDER HIGHWAY".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4102 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXITS 52 AND 57 ON INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THAT CONTAIN THE WORDS "TUSKEEGEE AIRMEN MONUMENT" WHICH SHALL INDICATE THE DIRECTION TO THE TUSKEEGEE AIRMEN MONUMENT AND TO ERECT ADDITIONAL SIGNS TO DIRECT MOTORISTS TO THE MONUMENT FROM BOTH EXITS.
Ordered for consideration tomorrow.
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 4104 (Word version) -- Reps. Lourie, Altman, Clemmons, Neilson and J. E. Smith: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON TUESDAY THROUGH THURSDAY, SEPTEMBER 9 THROUGH SEPTEMBER 11, 2003, PROVIDED THE HOUSE IS NOT IN SESSION, AND TO PROVIDE FOR THE USE OF THE HOUSE CHAMBER ON ALTERNATE DATES AND TIMES AS MAY BE SELECTED BY THE SPEAKER.
Be it resolved by the House of Representatives:
That the South Carolina Silver Haired Legislature is authorized to use the Chamber of the South Carolina House of Representatives on Tuesday through Thursday, September 9 through September 11, 2003, provided the House of Representatives is not in session on that date. If the House of Representatives is in statewide session, the House Chamber may not be used on those dates but may be used by the South Carolina Silver Haired Legislature on alternate dates and times as may be selected by the Speaker.
Be it further resolved that the use of the Chamber of the South Carolina House of Representatives by the South Carolina Silver Haired Legislature must be in accordance with the policies and rules of the South Carolina House of Representatives.
The Resolution was adopted.
The following was introduced:
H. 4105 (Word version) -- Reps. Taylor and M. A. Pitts: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF MR. JURELL BYRD, SR., OF ENOREE WHO PASSED AWAY SUNDAY, APRIL 20, 2003, AND TO EXTEND DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.
The Resolution was adopted.
On motion of Rep. BREELAND, with unanimous consent, the following was taken up for immediate consideration:
H. 4106 (Word version) -- Reps. Breeland, Lloyd and Mack: A HOUSE RESOLUTION TO DECLARE THE WEEK OF AUGUST 3, 2003 THROUGH AUGUST 9, 2003, AS TOBACCO USE PREVENTION WEEK IN SOUTH CAROLINA.
Whereas, the World Health Organization estimates that about one-third of the global adult population or 1.1 billion people are smokers; and
Whereas, every year, tobacco kills approximately 3.5 million people around the world; and
Whereas, the global tobacco epidemic is predicted to prematurely claim the lives of approximately 250 million children and adolescents; and
Whereas, it is estimated that the health care costs associated with tobacco related illnesses result in a global net loss of $200 billion per year; and
Whereas, individuals who quit using tobacco products make substantial savings through unbought products and lowered health care costs; and
Whereas, tobacco use prevention programs are among the most cost-effective of all health interventions. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, declare the week of August 3, 2003 through August 9, 2003, as Tobacco Use Prevention Week in South Carolina and commend all health care professionals, nonprofit organizations, and individuals committed to reducing the use of tobacco products in South Carolina.
The Resolution was adopted.
The following was introduced:
H. 4107 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION RECOGNIZING THE ROTARY CLUB OF MYRTLE BEACH IN HORRY COUNTY AS IT ESTABLISHES THE OFFICER JOE MCGARRY MEMORIAL POLICE OFFICER OF THE YEAR AWARD TO HONOR THE MEMORY OF OFFICER MCGARRY WHO WAS KILLED IN THE LINE OF DUTY ON DECEMBER 29, 2002.
The Resolution was adopted.
The following was introduced:
H. 4108 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO RECOGNIZE THE MANY WONDERFUL ACCOMPLISHMENTS OF THE LATE MYRTLE BEACH POLICE OFFICER JIM MCKNIFF ON THE OCCASION OF BEING AWARDED POSTHUMOUSLY THE ESPRIT DE CORPS AWARD BY THE MYRTLE BEACH ROTARY CLUB.
The Resolution was adopted.
The following was introduced:
H. 4109 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO CONGRATULATE PRIVATE FIRST CLASS SUZAN GARDNER UPON BEING NAMED MYRTLE BEACH POLICE OFFICER OF THE YEAR FOR 2003 AND TO COMMEND HER FOR BEING AN OUTSTANDING LAW ENFORCEMENT OFFICER AND AN ASSET TO HER COMMUNITY AND STATE.
The Resolution was adopted.
On motion of Rep. MCLEOD, with unanimous consent, the following was taken up for immediate consideration:
H. 4110 (Word version) -- Reps. McLeod and Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS, COACHES, AND STAFF OF THE CHAPIN HIGH SCHOOL SAT TEAM ON WEDNESDAY, MAY 14, 2003, AT 10:00 IN THE MORNING FOR THE PURPOSE OF CONGRATULATING THEM FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE FIFTH ANNUAL SAT TEST-TAKING COMPETITION.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina extend the privilege of the floor to the members, coaches, and staff of the Chapin High School SAT Team on Wednesday, May 14, 2003, at 10:00 in the morning for the purpose of congratulating them for their outstanding State Championship win in the fifth annual SAT test-taking competition.
The Resolution was adopted.
The following was introduced:
H. 4111 (Word version) -- Reps. McLeod and Huggins: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS, COACHES, AND STAFF OF THE CHAPIN HIGH SCHOOL SAT TEAM FOR WINNING THE CLASS AA STATE CHAMPIONSHIP ON MARCH 12, 2003, AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4112 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO CONGRATULATE UNION COUNTY AND THE CAST, CREW, AND SUPPORTERS OF "TURN THE WASHPOT DOWN", SOUTH CAROLINA'S FIRST EVER FOLK LIFE PLAY, WHICH WAS PRESENTED IN UNION COUNTY LAST SUMMER, AND TO EXTEND BEST WISHES FOR A SIMILAR SUCCESS OF "WHAT GOES AROUND", A SECOND FULL-LENGTH PLAY TO BE PRESENTED IN JUNE.
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. 4113 (Word version) -- Reps. Townsend, Clark, Gilham, J. Hines, Lloyd, Lourie, Martin, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Owens, Pinson, Skelton, D. C. Smith, Stille, Walker, Whitmire and Wilkins: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2003 AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH".
Whereas, in South Carolina, during the last five years, over five thousand fatalities and five hundred thousand injuries have been reported in highway crashes; and
Whereas, the economic cost to South Carolina due to highway crashes during the last ten years has exceeded twenty billion dollars; and
Whereas, safe highways are essential to the continued well-being of the citizens of South Carolina and to the future growth and development of the State; and
Whereas, raising public awareness about highway safety can reduce the number of highway injuries and fatalities and the amount of dollars and property lost in South Carolina; and
Whereas, the month of May is one of the busiest months to be traveling on South Carolina's highways. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, declare the month of May 2003 as "South Carolina Highway Safety Month" throughout the State, encourage public and private agencies, organizations, and individuals to join together to raise public awareness regarding the importance of highway safety, and to encourage all South Carolinians to work together to ensure the safety of our citizens on South Carolina's highways.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. MOODY-LAWRENCE, with unanimous consent, the following was taken up for immediate consideration:
H. 4114 (Word version) -- Rep. Moody-Lawrence: A CONCURRENT RESOLUTION TO ENCOURAGE AND PROMOTE GREATER INVOLVEMENT OF FATHERS IN THEIR CHILDREN'S LIVES AND TO DECLARE JUNE 9-15, 2003, AS "FATHERHOOD WEEK" IN SOUTH CAROLINA.
Whereas, children who are raised without their fathers account for sixty-three percent of youth suicides, seventy-one percent of pregnant teenagers, ninety percent of homeless and runaway children, eighty-five percent of behavioral disorders exhibited by children, and seventy-one percent of high school dropouts in the United States; and
Whereas, a father's presence in the life of a child is a powerful deterrent to delinquency; and
Whereas, children who maintain relationships with their fathers are more likely to develop healthy adult relationships and to feel secure regarding who they are; and
Whereas, the United States has the highest number of single-parent households with dependent children of all developed nations; and
Whereas, children who remain involved with their fathers are five times more likely to develop into productive adults; and
Whereas, forty percent of children who live in fatherless households have not seen their fathers in at least one year, and fifty percent of the children have never visited their father's home; and
Whereas, approximately fifty percent of all children born in the United States spend at least one-half of their childhood in families without father figures; and
Whereas, nearly twenty percent of children in grades 6 through 12 report that they have not had a meaningful conversation with even one parent in more than one month; and
Whereas, the members of the General Assembly wish to encourage fathers in this State to reconnect and rededicate themselves to their children's lives and express their love and support for their children. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly wish to encourage and promote greater involvement of fathers in their children's lives and declare June 9-15, 2003, as "Fatherhood Week" in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 674 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MAY 11-17, 2003 AS "TRANSPORTATION WEEK IN SOUTH CAROLINA" AND TO RAISE AWARENESS ABOUT THE IMPORTANCE OF A SAFE AND EFFICIENT HIGHWAY TRANSPORTATION SYSTEM.
Whereas, high quality, safe, and reliable roads and bridges enhance the quality of life of all citizens of South Carolina and the nation by increasing mobility, safety, and convenience; and
Whereas, South Carolina's transportation industry is committed to meeting the needs of every farm, home, and business in the Palmetto State by working together to ensure sound, safe, and accessible transportation systems; and
Whereas, National Transportation Week is also being celebrated May 11-17, 2003 to celebrate the nation's achievements in transportation and provide an opportunity to face the challenges ahead; and
Whereas, the transportation industry contributes to the military security of our nation through its ability to rapidly transport soldiers and supplies during periods of conflict; and
Whereas, the 2003 observance of "Transportation Week" provides a unique opportunity for the transportation community to join together to educate the general public as users of the system, while bringing greater awareness of the importance of transportation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates the week of May 11-17, 2003 as "Transportation Week in South Carolina" to recognize the important role transportation plays in our daily lives.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and the South Carolina Transportation Council.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4115 (Word version) -- Reps. Lourie, Parks and Littlejohn: A BILL TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT OF 2003 BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTHCARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4116 (Word version) -- Reps. Tripp and Cato: A BILL TO AMEND SECTION 42-9-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER IS REIMBURSED BY THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM A PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO ELIMINATE REIMBURSEMENTS FOR CONCEALED OR UNKNOWN PREEXISTING CONDITIONS; TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENTS FROM THE SECOND INJURY FUND FOR TOTAL DISABILITY CAUSED BY A SUBSEQUENT INJURY SO AS TO ELIMINATE REIMBURSEMENTS FOR PREEXISTING IMPAIRMENTS UNKNOWN TO THE EMPLOYEE; AND TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY AND EFFECTS OF ABOLISHING THE SECOND INJURY FUND.
Referred to Committee on Labor, Commerce and Industry
H. 4117 (Word version) -- Rep. Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-7-315 SO AS TO PROVIDE THAT NO CLAIM FOR INJURY OR DISEASE FILED ON OR AFTER JULY 1, 2003, SERVES AS THE BASIS FOR REIMBURSEMENT TO AN EMPLOYER OR INSURANCE CARRIER PURSUANT TO THE PROVISIONS OF SECTIONS 42-9-400 AND 42-9-410.
Referred to Committee on Labor, Commerce and Industry
H. 4118 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ELEVEN MILL INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, AND ENDING JUNE 30, 2004.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4119 (Word version) -- Reps. Limehouse, Tripp, Koon, Whipper, Altman, Bailey, Barfield, G. Brown, Cato, Ceips, Clark, Clemmons, Davenport, Duncan, Emory, Frye, Gilham, Hagood, Hamilton, Harrell, Haskins, J. Hines, Hinson, Huggins, Littlejohn, Mahaffey, Martin, Merrill, Owens, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rivers, Rutherford, Scarborough, Sinclair, W. D. Smith, Snow, Taylor, Thompson, Umphlett, Whitmire and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-75 SO AS TO PROVIDE THAT RECREATIONAL FISHING IN THE MARINE WATERS OF THIS STATE SHALL NOT BE CLOSED TO ROD AND REEL FISHING EXCEPT UNDER CERTAIN CONDITIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4120 (Word version) -- Reps. Neilson, Bales, Emory, Freeman, Hagood, Harrell, Kirsh, Koon, Mahaffey, Snow and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-191 SO AS TO PROVIDE THAT ALL STATE AGENCIES SENDING MAIL TO OTHER STATE AGENCIES OR TO STATE EMPLOYEES OUTSIDE THAT AGENCY ARE REQUIRED TO USE INTERAGENCY MAIL DELIVERY SERVICES OF THE AGENCY MAIL PROGRAM ADMINISTERED BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Ways and Means
H. 4121 (Word version) -- Reps. Lloyd, Whipper, Moody-Lawrence, Anthony, Bowers, Branham, J. Brown, R. Brown, Ceips, Clyburn, Davenport, Freeman, Gilham, Herbkersman, J. Hines, M. Hines, Howard, Lee, Mack, McCraw, Rivers, Scott and F. N. Smith: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, SO AS TO ADD ARTICLE 34 ENACTING THE SOUTH CAROLINA NURTURING RESPONSIBLE FATHERS AND FAMILIES INITIATIVE ACT TO DEVELOP POLICIES AND PROCEDURES TO REDUCE DEPENDENCY ON GOVERNMENT BENEFITS, TO ENSURE THAT CHILDREN FROM LOW-INCOME FAMILIES BENEFIT FROM THE INVOLVEMENT OF TWO PARENTS, AND TO FACILITATE THE INVOLVEMENT OF FATHERS IN THEIR CHILDREN'S LIVES; TO ESTABLISH THE LOW-INCOME FATHERHOOD COMMISSION TO PROMOTE INVOLVEMENT OF FATHERS WITH THEIR CHILDREN AND TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION AND ITS POWERS AND DUTIES; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP A STATEWIDE PLAN TO PROMOTE FATHER INVOLVEMENT, INCLUDING PUBLIC EDUCATION AND AWARENESS OF SERVICES AND PROGRAMS AVAILABLE TO FATHERS AND FAMILIES IN NEED, AND TO REQUIRE THE PLAN TO INCLUDE VARIOUS STATE AGENCIES AND LOCAL ORGANIZATIONS IN CARRYING OUT THE STATEWIDE PLAN; TO REQUIRE STATE AGENCIES TO DEVELOP POLICIES AND PROCEDURES FOR THE DISSEMINATION OF INFORMATION AND FOR REFERRAL OF FATHERS TO SERVICE DELIVERY ENTITIES THAT CAN PROVIDE EMPLOYMENT AND TRAINING ASSISTANCE; TO PROMOTE THE UTILIZATION OF COMMUNITY-BASED AND FAITH-BASED ORGANIZATIONS AND WORK DEVELOPMENT BOARDS IN PROVIDING SERVICES TO LOW-INCOME FATHERS; TO REQUIRE THE OFFICE OF CHILD SUPPORT ENFORCEMENT TO DEVELOP POLICIES AND PROCEDURES TO ASSIST LOW-INCOME FATHERS IN PAYING CHILD SUPPORT DEBT; TO PROVIDE REDUCTIONS IN CHILD SUPPORT ARREARAGES TO LOW-INCOME FATHERS WHO MEET CERTAIN ECONOMIC, EMPLOYMENT, AND PAYMENT REQUIREMENTS; TO REQUIRE THE OFFICE OF CHILD SUPPORT ENFORCEMENT AND THE DEPARTMENT OF CORRECTIONS TO CROSS MATCH INMATES AND CHILD SUPPORT OBLIGORS, TO ASSIST LOW-INCOME FATHERS IN OBTAINING APPROPRIATE CHILD SUPPORT OBLIGATIONS, AND TO INFORM THEM OF THEIR CHANGING OBLIGATIONS UPON RELEASE; TO ESTABLISH THE WORK AND FAMILY REINTEGRATION INITIATIVE TO HELP REDUCE INCARCERATION RECIDIVISM THROUGH PROVIDING EMPLOYMENT, EDUCATIONAL, TRAINING, AND PARENTING OPPORTUNITIES FOR INCARCERATED PARENTS; AND TO REQUIRE THE DEVELOPMENT OF COMMUNITY ACCESS CENTERS TO HELP PROVIDE SERVICES TO INDIVIDUALS REENTERING THE FAMILY AND WORKFORCE FROM PRISON.
Referred to Committee on Judiciary
H. 4122 (Word version) -- Reps. Govan, Whipper, J. Hines, M. Hines, Hosey and Rutherford: A BILL TO AMEND SECTION 59-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO ALLOW ONLY A STUDENT WITH A DISABILITY THAT PREVENTS HIM FROM COMPLETING THE REQUIREMENTS FOR GRADUATION TO RECEIVE A CERTIFICATE INDICATING THE NUMBER OF CREDITS EARNED AND GRADES COMPLETED INSTEAD OF A DIPLOMA.
Referred to Committee on Education and Public Works
H. 4123 (Word version) -- Reps. Loftis, Clemmons, Davenport, Haskins, Koon, Leach, E. H. Pitts, M. A. Pitts and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2942 SO AS TO PROVIDE THAT THE CLERK OF THE COURT IN WHICH A PERSON IS CONVICTED OF A THIRD OR SUBSEQUENT OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, ANOTHER DRUG, OR A COMBINATION OF DRUGS OR SUBSTANCES MUST PUBLISH AT THE EXPENSE OF THE CONVICTED PERSON A NOTICE OF THE PERSON'S CONVICTION AND HIS PICTURE IN THE MANNER LEGAL NOTICES ARE PUBLISHED IN THE COUNTY IN WHICH THE PERSON RESIDES OR, FOR NONRESIDENTS, IN THE COUNTY IN WHICH THE PERSON WAS CONVICTED.
Referred to Committee on Judiciary
H. 4124 (Word version) -- Reps. Young, Hagood, Barfield, Hinson, Leach and Limehouse: A BILL TO AMEND SECTION 1-30-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO DELETE THE STATE FIRE MARSHAL AS A DIVISION OF THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE FOR THE CREATION OF THE DIVISION OF FIRE AND EMERGENCY RESPONSE WITHIN THE DEPARTMENT, AND TO TRANSFER THE OFFICE OF THE STATE FIRE MARSHAL FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 23-6-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE FOR THE CREATION OF THE DIVISION OF FIRE AND EMERGENCY RESPONSE WITHIN THE DEPARTMENT, AND TO TRANSFER THE FUNCTIONS, POWERS, DUTIES, RESPONSIBILITIES, AND AUTHORITY STATUTORILY EXERCISED BY THE OFFICE OF STATE FIRE MARSHAL TO THE DEPARTMENT TOGETHER WITH ALL ASSETS, LIABILITIES, RECORDS, PROPERTY, PERSONNEL, AND FUNDS; TO AMEND SECTION 23-9-10, AS AMENDED, RELATING TO THE TRANSFER OF THE OFFICE OF THE STATE FIRE MARSHAL TO THE BUDGET AND CONTROL BOARD, SO AS TO TRANSFER IT FROM THE BUDGET AND CONTROL BOARD TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF FIRE AND EMERGENCY RESPONSE; TO AMEND SECTION 23-10-10, AS AMENDED, RELATING TO THE OPERATION OF THE SOUTH CAROLINA FIRE ACADEMY, SO AS TO DELETE THE TERM DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND REPLACE IT WITH DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 23-35-45, RELATING TO THE USE AND REGULATION OF PYROTECHNIC MATERIALS INDOORS, SO AS TO PROVIDE THAT THE REGULATION OF PYROTECHNIC MATERIALS INDOORS IS TRANSFERRED FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 23-49-60, AS AMENDED, RELATING TO THE DUTIES OF THE SOUTH CAROLINA FIRE FIGHTER MOBILIZATION COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE SHALL HAVE STATEWIDE RESPONSIBILITIES OVER CERTAIN DUTIES OF THE TACTICAL RESPONSE TEAMS FOR URBAN SEARCH AND RESCUE AND HAZARDOUS MATERIALS EMERGENCY RESPONSE, AND TO PROVIDE THAT THE TACTICAL RESPONSE TEAMS MUST BE PLACED ADMINISTRATIVELY UNDER THE DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE AND EMERGENCY RESPONSE; TO AMEND SECTION 40-82-10, RELATING TO THE CREATION OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO SUBSTITUTE THE TERM "DEPARTMENT" FOR "DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 56-3-4910, AS AMENDED, RELATING TO THE ISSUANCE OF SOUTH CAROLINA FIREFIGHTERS SPECIAL LICENSE PLATES, SO AS TO DELETE A REFERENCE TO THE BUDGET AND CONTROL BOARD; AND TO PROVIDE FOR THE TRANSFER OF PERSONNEL AND ASSETS OF THE STATE FIRE MARSHAL DIVISION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF FIRE AND EMERGENCY RESPONSE.
Referred to Committee on Labor, Commerce and Industry
H. 4125 (Word version) -- Reps. Whipper, Breeland, J. Brown, R. Brown, Clyburn, J. Hines, Jennings, Lloyd, Mack, J. H. Neal, Rivers, Scott and Weeks: A BILL TO AMEND SECTION 8-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL ACTIONS AGAINST AN EMPLOYING PUBLIC BODY FOR RETALIATION AGAINST AN EMPLOYEE WHO REPORTS A VIOLATION OF STATE OR FEDERAL LAW OR REGULATION, SO AS TO CHANGE THE MAXIMUM AMOUNT OF ACTUAL DAMAGES AN EMPLOYEE MAY RECOVER FROM FIFTEEN THOUSAND DOLLARS TO THREE HUNDRED THOUSAND DOLLARS.
Referred to Committee on Judiciary
H. 4126 (Word version) -- Reps. Whipper, Weeks, J. H. Neal, Breeland, R. Brown, Cobb-Hunter, J. Hines, M. Hines, Lloyd and Rivers: A BILL TO AMEND SECTION 15-78-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT AND WHEN AND WHERE TO COMMENCE AN ACTION, SO AS TO PROVIDE THAT CERTAIN CAUSES OF ACTION MUST BE FILED IN MAGISTRATE'S COURT; TO AMEND SECTION 15-78-120, AS AMENDED, RELATING TO LIMITATIONS ON LIABILITY, THE PROHIBITION AGAINST THE RECOVERY OF PUNITIVE OR EXEMPLARY DAMAGES OR PREJUDGMENT INTEREST, AND AN ATTORNEY'S SIGNATURE ON PLEADINGS, MOTIONS, OR OTHER PAPERS, SO AS TO PROVIDE THAT A STATE AGENCY OR POLITICAL SUBDIVISION MAY BE REPRESENTED BY A REPRESENTATIVE OF ITS INSURANCE CARRIER, DEPARTMENT MANAGER, STAFF PERSON, OR ANOTHER OFFICIAL IN CERTAIN ACTIONS; AND TO AMEND SECTION 22-3-20, RELATING TO CIVIL ACTIONS IN WHICH A MAGISTRATE DOES NOT HAVE JURISDICTION TO PROVIDE AN EXCEPTION THAT A MAGISTRATE HAS JURISDICTION IN AN ACTION WHERE THE STATE IS A PARTY AND THE CLAIM FOR DAMAGES IS FOR SEVEN THOUSAND FIVE HUNDRED DOLLARS OR LESS.
Referred to Committee on Judiciary
H. 4127 (Word version) -- Reps. Wilkins, Harrell, Quinn, Harrison, W. D. Smith, Cotty, Cato, Young, Tripp, Leach, Pinson, Koon, Altman, Bingham, Ceips, Chellis, Clark, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Haskins, Herbkersman, Hinson, Keegan, Limehouse, Mahaffey, McGee, Merrill, M. A. Pitts, Rice, Sandifer, Scarborough, Skelton, D. C. Smith, G. M. Smith, J. R. Smith and Toole: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE BUDGET AND CONTROL BOARD UPON RECOMMENDATION OF THE GOVERNOR AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; TO CREATE A JOINT INFORMATION FINANCE COMMITTEE AND THE INFORMATION TECHNOLOGY ARCHITECTURE REVIEW PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANEL, AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE NOMINATED BY THE GOVERNOR AND ELECTED UNANIMOUSLY BY THE BUDGET AND CONTROL BOARD FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT.
Referred to Committee on Ways and Means
S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.
Referred to Committee on Education and Public Works
S. 466 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
Referred to Committee on Judiciary
S. 549 (Word version) -- Senators Land, Martin, J. V. Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
Referred to Committee on Labor, Commerce and Industry
S. 588 (Word version) -- Senators J. V. Smith, Thomas, Verdin, Fair and Anderson: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Referred to Committee on Judiciary
The following was introduced:
H. 4128 (Word version) -- Reps. Martin, Ceips, Cobb-Hunter, Gilham, Haskins, Hinson, Miller, Moody-Lawrence, Neilson, Parks, G. M. Smith and Young: A CONCURRENT RESOLUTION TO COMMEND THE WOMEN WHO PROUDLY SERVE IN THE UNITED STATES ARMED FORCES FOR THEIR COURAGE, COMMITMENT, AND BRAVERY AS THEY DEFEND THE UNITED STATES IN OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM, AND TO RECOGNIZE THESE HEROINES FOR THEIR SERVICE AT THE MANY MILITARY INSTALLATIONS AROUND THE WORLD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4129 (Word version) -- Reps. Martin, Miller, Neilson, Ceips, Cobb-Hunter, Freeman, Gilham, Haskins, Hinson, Moody-Lawrence, Parks, G. M. Smith and Young: A CONCURRENT RESOLUTION TO COMMEND CAPTAIN KIM "KILLER CHICK" CAMPBELL, UNITED STATES AIR FORCE, FOR HER TREMENDOUS COURAGE, TENACITY, AND BRAVERY DISPLAYED OVER BAGHDAD, IRAQ, WHEN HER A-10 "WARTHOG" WAS HIT AND SEVERELY DAMAGED BY IRAQI GROUND AND ANTI-AIRCRAFT FIRE, TO CONGRATULATE HER ON SUCCESSFULLY COMPLETING HER MISSION OF PROVIDING CLOSE AIR SUPPORT FOR GROUND TROOPS THEN ENGAGED WITH ENEMY IRREGULAR AND IRAQI FORCES AND RETURNING HER CRIPPLED A-10 "WARTHOG" TO BASE AND A SAFE LANDING AFTER HER HYDRAULIC CONTROLS WERE SHOT AWAY, AND TO WISH HER EVERY SUCCESS IN HER MILITARY CAREER AND IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4092 (Word version) -- Rep. Ott: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY LOCATED AT 220 BYNUM STREET IN ST. MATTHEWS, SOUTH CAROLINA, TO THE TOWN OF ST. MATTHEWS.
Rep. STILLE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3798 (Word version) -- Reps. McGee, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, 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, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 6, 2003.
H. 4072 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE DEWITT MIZE, OCONEE COUNTY FIRE MARSHAL, FOR HIS DISTINGUISHED CAREER OF PUBLIC SERVICE UPON HIS RETIREMENT.
H. 4085 (Word version) -- Reps. Hinson, Gourdine, Merrill, Dantzler and Umphlett: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MEMBERS OF THE TIMBERLAND HIGH SCHOOL "WOLVES" BASKETBALL TEAM ON THEIR STELLAR 27-2 SEASON AND APPLAUD THEIR 2002-2003 CLASS AAA STATE BASKETBALL CHAMPIONSHIP, THE FIRST-EVER STATE CROWN FOR THE BERKELEY COUNTY SCHOOL.
H. 4093 (Word version) -- Reps. Lucas and Neilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE BOY SCOUT TIMOTHY PUTNAM OF HARTSVILLE ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT AWARD, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST HONOR IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
H. 4096 (Word version) -- Reps. Jennings, 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, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE HONORABLE WILLIAM P. WALLACE, SR., OF THE TOWN OF WALLACE FOR HIS LIFETIME OF PUBLIC SERVICE TO THE CITIZENS OF THE TOWN OF WALLACE, MARLBORO COUNTY, THE STATE OF SOUTH CAROLINA, AND OUR GREAT COUNTRY, AND COMMEND HIS FAMILY FOR ITS LONG TRADITION OF PUBLIC SERVICE.
H. 4100 (Word version) -- Reps. Jennings, 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, 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 APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE NINETEEN-YEAR PARTNERSHIP BETWEEN THE ASSOCIATED MARINE INSTITUTES AND THE SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE THAT HAS MADE AN IMPORTANT CONTRIBUTION IN THE LIVES OF OVER FIVE THOUSAND BOYS AND GIRLS AND LED TO NEARLY ONE THOUSAND GED'S.
H. 4101 (Word version) -- Reps. Neilson and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE BOY SCOUT JASON SHEPARD OF HARTSVILLE ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT AWARD, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST HONOR IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
At 1:10 p.m. the House, in accordance with the motion of Rep. J. BROWN, adjourned in memory of Dr. Raleigh Robinson, to meet at 10:00 a.m. tomorrow.
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