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 Proverb 17:22: "A cheerful heart is good medicine but a crushed spirit dries up the bones."
Let us pray. Spirit of the living God, fire our imaginations and fuel our desire to accomplish the work You have placed before us. Give to our leaders the vision to always do the best for Your people of this State. Bless our President and Governor. Protect our troops in harm's way. Hear our prayer, O God. 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. YOUNG moved that when the House adjourns, it adjourn in memory of Barry G. Lines, which was agreed to.
The following was received:
The Committee to Screen Candidates for the Consumer Affairs Commission has completed its review of candidates and finds the following candidates for the Commission to be qualified for the two seats open for election. The two candidates are incumbents and have been responsible for advising the Consumer Affairs Administrator on all phases of administering and enforcing the functions of the Department of Consumer Affairs. The Committee, as allowed under Section 2-20-40, determined that a public hearing was unnecessary since there was no known opposition to either candidate. Background checks from the State Law Enforcement Division indicate no criminal history for either candidate.
Consumer Affairs Commission
At-Large, Seat 1, Louis Mayrant of Pineville, South Carolina.
At-Large, Seat 3, Tony Macomson of Cowpens, South Carolina.
Respectfully submitted,
Sen. Thomas Alexander, Chm.
Received as information.
Document No. 2783
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10
Water Pollution Control Permits
Received by Speaker of the House of Representatives
January 29, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 29, 2003
Withdrawn and Resubmitted March 7, 2003
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4076 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO CHANGE THE DEFINITION OF "EXEMPT COMMERCIAL POLICIES" TO DELETE THE REQUIREMENT THAT THE DEFINITION INCLUDE POLICIES FOR WHICH PREMIUMS FOR ONE INSURED IS GREATER THAN FIFTY THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO CHANGE THE BASIS ON WHICH THESE TAXES ARE ASSESSED ON PREMIUMS FROM WRITTEN RATHER THAN COLLECTED; TO AMEND SECTION 38-21-170, AS AMENDED, RELATING TO REPORTING DIVIDENDS AND DISTRIBUTIONS TO SHAREHOLDERS TO THE DEPARTMENT, SO AS TO INCREASE FROM TEN TO FIFTEEN THE NUMBER OF DAYS BEFORE PAYMENT THE REPORT MUST BE GIVEN; TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE PAYMENT OF AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION TO THE SHAREHOLDERS OF A DOMESTIC INSURER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE REVIEW OF THIS TYPE OF DISTRIBUTION; TO AMEND SECTION 38-41-60, RELATING TO HOLDING IN TRUST FUNDS COLLECTED FROM PARTICIPATING EMPLOYERS UNDER MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-10, AS AMENDED, RELATING TO PERSONS CONSIDERED AS INSURANCE AGENTS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-40, AS AMENDED, RELATING TO THE RIGHT TO APPOINT PRODUCERS BY A LICENSED INSURER, SO AS TO REMOVE PROVISIONS WHICH REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPROVE THE APPOINTMENT OF PRODUCERS BEFORE THEY TAKE RISK OR TRANSACT BUSINESS; TO AMEND SECTION 38-43-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT APPLICANTS FOR A LIMITED LINE OR SPECIAL PRODUCER'S LICENSE MUST BE VOUCHED FOR BY AN OFFICIAL OR LICENSED REPRESENTATIVE OF THE INSURER FOR WHICH THE APPLICANT PROPOSES TO ACT, SO AS TO DELETE PROVISIONS REQUIRING THE APPLICANT TO BE APPOINTED BY AN OFFICIAL OR AUTHORIZED REPRESENTATIVE OF THE INSURER BEFORE THE APPLICANT CAN ACT AS A PRODUCER; TO AMEND SECTION 38-43-70, AS AMENDED, RELATING TO LICENSING OF A NONRESIDENT PRODUCER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-100, AS AMENDED, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PRODUCERS' LICENSE BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CONFLICTING PROVISIONS WHICH AUTHORIZE THE DIRECTOR TO WAIVE THE EXAMINATION AND ISSUE TEMPORARY LICENSES FOR A PERIOD NOT TO EXCEED NINETY DAYS; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL INSURANCE AGENTS, SO AS TO DELETE CONFLICTING PROVISIONS AND CLARIFY WHO MUST COMPLY WITH PRE-LICENSING REQUIREMENTS; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO SUBSTITUTE HOME STATE FOR RESIDENT STATE AS THE REQUIREMENT FOR SATISFYING RECIPROCAL CONTINUING INSURANCE EDUCATION REQUIREMENTS FOR NONRESIDENT PRODUCERS; TO AMEND SECTION 38-45-20, RELATING TO REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE TWO-YEAR WAITING PERIOD FOR RESIDENT SURPLUS LINES INSURANCE BROKERS; TO AMEND SECTION 38-45-30, RELATING TO REQUIREMENTS FOR A NONRESIDENT INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT FOR NONRESIDENT BROKERS TO FURNISH A TEN THOUSAND DOLLAR SURETY BOND; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL, SURGICAL, AND MENTAL HEALTH BENEFITS OFFERED IN CONNECTION WITH A GROUP HEALTH INSURANCE PLAN, SO AS TO EXTEND THE SUNSET PROVISION TO DECEMBER 31, 2003, TO COMPLY WITH FEDERAL LAW; TO AMEND SECTION 38-77-870, RELATING TO THE AVAILABILITY OF ASSIGNMENT OF RISKS TO NONRESIDENTS, SO AS TO PROVIDE AN EXCEPTION FOR MILITARY RISKS THAT ARE PRINCIPALLY GARAGED IN THIS STATE TO BE ASSIGNED BY THE PLAN; TO AMEND SECTION 38-79-420, RELATING TO THE CREATION OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO INCREASE FROM ONE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF FOR EACH INCIDENT AND INCREASES FROM THREE TO SIX HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF IN THE AGGREGATE FOR ONE YEAR; AND TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO INCREASE THE MINIMUM LIMITS FOR PROPERTY DAMAGE FROM FIVE TO TEN THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4005 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-75-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO EXPAND THE AREA IN WHICH THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, SO AS TO AUTHORIZE THE DIRECTOR TO EXPAND THE TERRITORY OF THE ASSOCIATION ON AN EMERGENCY BASIS TO INCLUDE SEACOAST COUNTIES FOR A PERIOD OF TWO YEARS RATHER THAN ONE YEAR.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3901 (Word version) -- Reps. Thompson, Cato, Martin, Trotter and White: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3681 (Word version) -- Reps. E. H. Pitts, Clark, Duncan, Frye, Koon and Merrill: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS SUCH GROUND, THE CONVICTION OF A PARENT FOR THE MURDER OF THE CHILD'S OTHER PARENT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4004 (Word version) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: A BILL TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OF ANOTHER USING, AMONG OTHER THINGS, DURESS, COERCION, OR SWINDLING.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4031 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-87 SO AS TO PROVIDE THAT IF AN INDIVIDUAL SERVING IN THE MILITARY IS CALLED TO ACTIVE DUTY IN A TIME OF WAR AND IS UNDER A COURT-ORDERED OBLIGATION TO PAY CHILD SUPPORT, A REDUCTION IN THAT INDIVIDUAL'S PAY, DUE TO BEING CALLED INTO ACTIVE DUTY, CONSTITUTES A MATERIAL CHANGE IN CIRCUMSTANCES AND THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS AND SPOUSAL SUPPORT OBLIGATIONS MUST BE REDUCED BY A PERCENTAGE COMMENSURATE WITH THE PERCENTAGE REDUCTION IN THE INDIVIDUAL'S PAY; TO PROVIDE THAT NEITHER A CHILD SUPPORT NOR SPOUSAL SUPPORT ARREARAGE MAY ACCRUE AGAINST SUCH AN INDIVIDUAL DURING ACTIVE DUTY SERVICE; AND TO REQUIRE THE INDIVIDUAL TO NOTIFY THE FAMILY COURT WHEN THE INDIVIDUAL IS DISCHARGED FROM ACTIVE DUTY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3780 (Word version) -- Reps. Simrill, Haskins, Cato, Clemmons, Davenport, Hamilton, Keegan, Littlejohn, Owens, Sandifer, Sinclair, Vaughn, Viers and Talley: A BILL TO ENACT THE "UNBORN VICTIMS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTIES IN CONNECTION WITH CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT, FOR PURPOSES OF A CIVIL CAUSE OF ACTION, "PERSON" INCLUDES AN UNBORN CHILD, AND TO FURTHER PROVIDE FOR LIMITATIONS ON THE APPLICABILITY OF THIS SECTION; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3939 (Word version) -- Reps. Sandifer, Bales, Barfield, Bingham, G. Brown, Cato, Dantzler, Edge, Hamilton, Huggins, Thompson and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM DWELLING UNITS WITHOUT THE USE OF COMMUNITY-WIDE SERVERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE PENALTIES; AND TO PROVIDE THAT WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3914 (Word version) -- Reps. Vaughn, Allen, Battle, Branham, Cato, Clyburn, Cooper, Gilham, Hamilton, Haskins, Herbkersman, J. Hines, Keegan, Leach, Littlejohn, Loftis, Mahaffey, Moody-Lawrence, Owens, Rice, Richardson, Sinclair, F. N. Smith, J. R. Smith, Taylor, Tripp, Wilkins and Young: A CONCURRENT RESOLUTION TO SUPPORT ACTIVITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN THE ESTABLISHMENT AND IMPLEMENTATION OF THE STATE'S EARLY ACTION APPROACH FOR COMPLYING WITH THE NEW OZONE STANDARD MANDATED BY THE FEDERAL GOVERNMENT THROUGH THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY; TO ESTABLISH DATES AND MILESTONES FOR PLAN IMPLEMENTATION; AND TO PROVIDE FOR THE ESTABLISHMENT OF AN INTERGOVERNMENTAL WORKGROUP FOR THE PURPOSE OF PROMOTING BEHAVIORS AND POLICIES TO REDUCE AIR POLLUTION THROUGHOUT THE STATE OF SOUTH CAROLINA.
Ordered for consideration tomorrow.
The following was introduced:
H. 4167 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO CARLOS AND JEAN GIBBONS OF CLARENDON COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY ON AUGUST 18, 2003, AND TO WISH THEM MANY YEARS OF CONTINUED HAPPINESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4168 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO MR. JAMES C. BLACK OF MANNING ON HIS MANY ACCOMPLISHMENTS, INCLUDING MOST RECENTLY BEING NAMED THE SOUTH CAROLINA AUTOMOBILE DEALERS ASSOCIATION'S 2003 TIME MAGAZINE QUALITY DEALER AWARD NOMINEE.
The Resolution was adopted.
The following Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4169 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
S. 626 (Word version) -- Senators Fair, Ryberg and Thomas: A JOINT RESOLUTION TO ESTABLISH A JOINT CORRECTIONS AND PENOLOGY STUDY COMMITTEE TO STUDY SOUTH CAROLINA'S STATUTORY IMPEDIMENTS TO PROVIDING NECESSARY AND DESIRABLE FLEXIBILITY FOR THE DEPARTMENT OF CORRECTIONS IN MANAGING INMATE POPULATION CONSISTENT WITH PUBLIC SAFETY, TO PROVIDE FOR THE COMMITTEE TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR NO LATER THAN JANUARY 14, 2004, AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, ITS DUTIES, EXPENSES, AND STAFFING.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Rivers Sandifer Scarborough Scott Sheheen Simrill Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Viers Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, May 7.
Karl Allen Robert Walker Douglas Jennings Robert Harrell Todd Rutherford William Bowers Phillip Sinclair Ralph Davenport Bill Cotty H.B. "Chip" Limehouse Richard Quinn Fletcher Smith
Reps. J. R. SMITH, STEWART, D. C. SMITH and CLYBURN presented to the House the Silver Bluff High School Boys Basketball Team, the 2003 Class AA State Champions, their coaches and other school officials.
Rep. KENNEDY presented to the House the Hemingway High School "Tigers" Boys 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. 3903 (Word version)
Date: REMOVE:
05/07/03 HAMILTON
Bill Number: H. 3903 (Word version)
Date: REMOVE:
05/07/03 EDGE
Bill Number: H. 3701 (Word version)
Date: REMOVE:
05/07/03 MAHAFFEY
The following Bill and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 657 (Word version) -- Senator Martin: 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. 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.
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.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
H. 4132 (Word version) -- Reps. Sheheen, Cotty and Coleman: A BILL TO AMEND CHAPTER 27, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAKE WYLIE MARINE COMMISSION, SO AS TO DESIGNATE SECTIONS 49-27-10 THROUGH 49-27-90 AS ARTICLE 1, AND BY ADDING ARTICLE 3 SO AS TO ESTABLISH THE LAKE WATEREE MARINE COMMISSION AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR IMMUNITY FOR AN OFFICER OF THE LAKE WATEREE MARINE COMMISSION FOR CERTAIN ACTIONS WHEN ACTING IN HIS OFFICIAL CAPACITY WITHIN HIS TERRITORIAL JURISDICTION.
H. 4149 (Word version) -- Rep. Anthony: A BILL TO AMEND SECTION 7-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN UNION COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN UNION 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 STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
H. 3990 (Word version) -- Reps. Limehouse, Hagood, Breeland, Ceips, Hamilton, Harrell, Mack and Scarborough: A BILL TO AMEND ARTICLE 62, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARTIFICIAL REEF SPECIAL LICENSE PLATE, SO AS TO RENAME IT THE 'SALTWATER FISHING' SPECIAL LICENSE PLATE, AND PROVIDE THAT THE PORTION OF THE PROCEEDS COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE THAT WAS USED TO SUPPORT ARTIFICIAL REEF DEVELOPMENT, MAINTENANCE, AND MANAGEMENT MUST BE USED TO MANAGE AND CONSERVE THE MARINE RESOURCES OF THIS STATE.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 8, which was adopted:
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.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11669AC03), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Rep. PERRY proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3514DW03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 14 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. PERRY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Mahaffey, Neilson, Parks, M. A. Pitts, Altman, Toole, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9792SL03), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Section 59-17-135 of the 1976 Code, as added by Act 4 of 2001, is amended by adding appropriately lettered subsections at the end to read:
"( ) Each teacher in a public school of this State shall indicate a conduct grade on a student's report card for each subject taught. However, if a teacher provides instruction in more than one subject to the same student, an overall conduct grade may be issued. Conduct grades must be indicated by the letter 'S' for satisfactory, 'N' for needs improvement, or 'U' for unsatisfactory. If a student receives a letter grade of 'N' or 'U', a teacher comment must be provided as an explanation of the grade. Comments for a student receiving a letter grade of 'S' are optional. Conduct grades are intended to provide parents or guardians with an assessment of student behavior and must not be included as part of a student's transcript.
( ) A school or district with a conduct grading program in place may have the program reviewed by the State Department of Education, Office of Character Education to determine whether the program meets the intent of this section. If a determination is made that the intent is met, the Office of Character Education may grant permission for continuation of the current program."
SECTION 2. 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.
Rep. LOFTIS proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5442MM03):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-285. (A) A teacher shall have the authority, consistent with local board policy, to manage his or her classroom, discipline students, and refer a student to the principal to maintain discipline in the classroom. The principal shall respond when a student is referred by a teacher by employing appropriate discipline management techniques that are consistent with local board policy.
(B) Local school boards of trustees shall adopt policies which require the filing of a report by a teacher who has knowledge that a student has exhibited behavior that repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in his or her class or with the ability of the student's classmates to learn. The report must be filed with the principal within one school day of the most recent occurrence of the behavior, shall not exceed one page, and shall describe the behavior. Within one school day after receiving the report from a teacher, the principal shall send to the student's parents or guardian a copy of the report and information regarding how the student's parents or guardians may contact the principal in regard to the report.
(C) If disciplinary action is taken in response to the report by the principal, the principal shall send written notification to the teacher and the student's parents or guardians of the disciplinary action taken within one school day after the utilization or action and shall make a reasonable attempt to confirm that the written notification has been received by the student's parents or guardians."
SECTION __. Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-295. (A) Beginning July 1, 2003, a teacher shall have the authority to remove from his or her class a student who repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn, provided that the teacher has previously filed a report pursuant to Section 59-63-285 or determines that the behavior of the student poses an immediate threat to the safety of the student's classmates or the teacher. The teacher shall file with the principal a report describing the student's behavior, in one page or less, by the end of the school day on which the removal occurs or at the beginning of the next school day. Within one day after the student's removal from class, the principal shall send to the student's parents or guardians written notification that the student was removed from class, a copy of the report filed by the teacher, and information regarding how the student's parents or guardians may contact the principal in regard to the report.
(B) If a teacher removes a student from class pursuant to subsection (A), the principal shall discuss the matter with the teacher and the student by the end of the school day on which the removal occurs or at the beginning of the next school day. The principal shall give the student oral or written notice of the grounds for the student's removal from class, and if the student denies engaging in such conduct, the principal shall explain the evidence which supports the removal from class and give the student an opportunity to present an explanation of the situation. If, after these discussions, the principal seeks to return the student to the teacher's class and the teacher gives his or her consent, the student must be returned to the class, and the principal may take action to discipline the student as may be warranted, pursuant to this section or local district policy. If, after such discussions, the principal seeks to return the student to the teacher's class and the teacher withholds his or her consent to the student's return to class, the principal shall determine an appropriate temporary placement for the student by the end of the first school day following the removal and shall take steps to convene a meeting of a placement review committee as established by this section. The placement review committee shall convene by the end of the second school day following the removal by the teacher and shall issue a decision by the end of the third school day following the removal by the teacher. An appropriate temporary placement for the student shall be a placement that, in the judgment of the principal, provides the least interruption to the student's education and reflects other relevant factors including, but not limited to, the severity of the behavior that was the basis for the removal, the student's behavioral history, the student's need for support services, and the available education settings. However, the student shall not be returned to the class of the teacher who removed the student, as an appropriate temporary placement, unless the teacher gives his or her consent. The temporary placement must be in effect from the time of removal until the decision of the placement review committee is issued or, if applicable, a placement determination is made pursuant to this section.
(C) Local school boards by policy shall provide for the establishment in each school of one or more placement review committees, each of which is to be composed of three members, to determine the placement of a student when a teacher withholds his or her consent to the return of a student to the teacher's class. For each committee established, the faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member, and the principal shall choose one member of the professional staff of the school to serve as a member. The teacher withholding consent to readmit the student may not serve on the committee. The placement review committee shall have the authority to:
(1) return the student to the teacher's class upon determining that the placement is the best alternative or the only available alternative; or
(2) refer the student to the principal for appropriate action consistent with subsection (D) of this section.
The decision of the placement review committee shall be in writing and shall be made within three school days after the teacher withholds consent to the return of a student. Local school boards shall provide during periods of in-service training for training for members of placement review committees regarding the provisions of this section including procedural requirements and local board policies relating to student discipline.
(D)(1) If a placement review committee decides to return a student to a class from which he or she was removed, the principal shall implement the decision of the placement review committee. In addition, the principal, consistent with any applicable procedures requirements, may take any of the following actions, which are authorized as a response to the alleged violation:
(a) place the student in an alternative school program;
(b) impose out-of-school suspension for not more than ten school days in the manner provided by this article; or
(c) make another disciplinary decision or recommendation consistent with local board policy.
(2) If a placement review committee decides not to return a student to a class from which the student was removed, the principal shall implement the decision of the placement review committee. In addition, the principal shall determine an appropriate placement for the student and may take action to discipline the student, in a manner consistent with any applicable procedural requirements, as follows:
(a) place the student into another appropriate classroom or an alternative school program;
(b) impose out-of-school suspension for not more than ten school days in the manner provided by this article;
(c) make another placement or disciplinary decision or recommendation consistent with local board policy; or
(d) implement or recommend any appropriate combination of the above and return the student to the class from which he or she was removed upon the completion of any disciplinary or placement action taken pursuant to this subsection.
(E) Within one school day of taking action pursuant to subsection (C) or (D), the principal shall send written notification of such action to the teacher and the parents or guardians of the student and shall make a reasonable attempt to confirm that the written notification has been received by the student's parents or guardians.
(F) Parents or guardians of a student who has been removed from class pursuant to this section may be required by the family court to participate in conferences that may be requested by the principal. However, a student may not be penalized for the failure of his or her parent or guardian to attend the conference.
(G) The procedures contained in this section relating to student conferences and notification of parents or guardians are minimum requirements. Nothing in this section shall be construed to limit the authority of a local board to establish additional requirements relating to student conferences, notification of parents or guardians, conferences with parents or guardians, or other appropriate procedures.
(H) A school principal may designate an assistant principal to perform the duties of the principal under this section except for suspensions from school, which must be the design of the principal in the manner provided by this article." /
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. LOFTIS spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2.
The motion of Rep. MERRILL to reconsider the vote whereby the following Bill was rejected was taken up:
H. 3903 (Word version) -- Reps. Limehouse, Rutherford, Vaughn, Whipper, Scott, J. Brown, Cato, Hagood, Haskins, Leach, Sheheen, J. E. Smith, J. R. Smith, W. D. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
Rep. PERRY moved to table the motion to reconsider, which was rejected by a division vote of 7 to 53.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. ALTMAN moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4170 (Word version) -- Reps. Davenport and Lee: A CONCURRENT RESOLUTION TO DEMONSTRATE THE CONCERN OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR SOUTH CAROLINA'S TEXTILE INDUSTRY AND TO EXPRESS THE OPINION OF THE MEMBERS THAT ACTION BE TAKEN BY THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO RESCIND THE U.S.-VIETNAM BILATERAL AGREEMENT ON TEXTILES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2:
H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Mahaffey, Neilson, Parks, M. A. Pitts, Altman, Toole, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
Rep. LOFTIS proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5442MM03):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-285. (A) A teacher shall have the authority, consistent with local board policy, to manage his or her classroom, discipline students, and refer a student to the principal to maintain discipline in the classroom. The principal shall respond when a student is referred by a teacher by employing appropriate discipline management techniques that are consistent with local board policy.
(B) Local school boards of trustees shall adopt policies which require the filing of a report by a teacher who has knowledge that a student has exhibited behavior that repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in his or her class or with the ability of the student's classmates to learn. The report must be filed with the principal within one school day of the most recent occurrence of the behavior, shall not exceed one page, and shall describe the behavior. Within one school day after receiving the report from a teacher, the principal shall send to the student's parents or guardian a copy of the report and information regarding how the student's parents or guardians may contact the principal in regard to the report.
(C) If disciplinary action is taken in response to the report by the principal, the principal shall send written notification to the teacher and the student's parents or guardians of the disciplinary action taken within one school day after the utilization or action and shall make a reasonable attempt to confirm that the written notification has been received by the student's parents or guardians."
SECTION __. Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-295. (A) Beginning July 1, 2003, a teacher shall have the authority to remove from his or her class a student who repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn, provided that the teacher has previously filed a report pursuant to Section 59-63-285 or determines that the behavior of the student poses an immediate threat to the safety of the student's classmates or the teacher. The teacher shall file with the principal a report describing the student's behavior, in one page or less, by the end of the school day on which the removal occurs or at the beginning of the next school day. Within one day after the student's removal from class, the principal shall send to the student's parents or guardians written notification that the student was removed from class, a copy of the report filed by the teacher, and information regarding how the student's parents or guardians may contact the principal in regard to the report.
(B) If a teacher removes a student from class pursuant to subsection (A), the principal shall discuss the matter with the teacher and the student by the end of the school day on which the removal occurs or at the beginning of the next school day. The principal shall give the student oral or written notice of the grounds for the student's removal from class, and if the student denies engaging in such conduct, the principal shall explain the evidence which supports the removal from class and give the student an opportunity to present an explanation of the situation. If, after these discussions, the principal seeks to return the student to the teacher's class and the teacher gives his or her consent, the student must be returned to the class, and the principal may take action to discipline the student as may be warranted, pursuant to this section or local district policy. If, after such discussions, the principal seeks to return the student to the teacher's class and the teacher withholds his or her consent to the student's return to class, the principal shall determine an appropriate temporary placement for the student by the end of the first school day following the removal and shall take steps to convene a meeting of a placement review committee as established by this section. The placement review committee shall convene by the end of the second school day following the removal by the teacher and shall issue a decision by the end of the third school day following the removal by the teacher. An appropriate temporary placement for the student shall be a placement that, in the judgment of the principal, provides the least interruption to the student's education and reflects other relevant factors including, but not limited to, the severity of the behavior that was the basis for the removal, the student's behavioral history, the student's need for support services, and the available education settings. However, the student shall not be returned to the class of the teacher who removed the student, as an appropriate temporary placement, unless the teacher gives his or her consent. The temporary placement must be in effect from the time of removal until the decision of the placement review committee is issued or, if applicable, a placement determination is made pursuant to this section.
(C) Local school boards by policy shall provide for the establishment in each school of one or more placement review committees, each of which is to be composed of three members, to determine the placement of a student when a teacher withholds his or her consent to the return of a student to the teacher's class. For each committee established, the faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member, and the principal shall choose one member of the professional staff of the school to serve as a member. The teacher withholding consent to readmit the student may not serve on the committee. The placement review committee shall have the authority to:
(1) return the student to the teacher's class upon determining that the placement is the best alternative or the only available alternative; or
(2) refer the student to the principal for appropriate action consistent with subsection (D) of this section.
The decision of the placement review committee shall be in writing and shall be made within three school days after the teacher withholds consent to the return of a student. Local school boards shall provide during periods of in-service training for training for members of placement review committees regarding the provisions of this section including procedural requirements and local board policies relating to student discipline.
(D)(1) If a placement review committee decides to return a student to a class from which he or she was removed, the principal shall implement the decision of the placement review committee. In addition, the principal, consistent with any applicable procedures requirements, may take any of the following actions, which are authorized as a response to the alleged violation:
(a) place the student in an alternative school program;
(b) impose out-of-school suspension for not more than ten school days in the manner provided by this article; or
(c) make another disciplinary decision or recommendation consistent with local board policy.
(2) If a placement review committee decides not to return a student to a class from which the student was removed, the principal shall implement the decision of the placement review committee. In addition, the principal shall determine an appropriate placement for the student and may take action to discipline the student, in a manner consistent with any applicable procedural requirements, as follows:
(a) place the student into another appropriate classroom or an alternative school program;
(b) impose out-of-school suspension for not more than ten school days in the manner provided by this article;
(c) make another placement or disciplinary decision or recommendation consistent with local board policy; or
(d) implement or recommend any appropriate combination of the above and return the student to the class from which he or she was removed upon the completion of any disciplinary or placement action taken pursuant to this subsection.
(E) Within one school day of taking action pursuant to subsection (C) or (D), the principal shall send written notification of such action to the teacher and the parents or guardians of the student and shall make a reasonable attempt to confirm that the written notification has been received by the student's parents or guardians.
(F) Parents or guardians of a student who has been removed from class pursuant to this section may be required by the family court to participate in conferences that may be requested by the principal. However, a student may not be penalized for the failure of his or her parent or guardian to attend the conference.
(G) The procedures contained in this section relating to student conferences and notification of parents or guardians are minimum requirements. Nothing in this section shall be construed to limit the authority of a local board to establish additional requirements relating to student conferences, notification of parents or guardians, conferences with parents or guardians, or other appropriate procedures.
(H) A school principal may designate an assistant principal to perform the duties of the principal under this section except for suspensions from school, which must be the design of the principal in the manner provided by this article." /
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN spoke in favor of the amendment.
Rep. WALKER moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Battle Breeland G. Brown J. Brown R. Brown Clark Clyburn Cobb-Hunter Coleman Duncan Emory Freeman Gourdine Hagood Harvin Hayes J. Hines M. Hines Hinson Howard Jennings Kennedy Lee Lloyd Mack McLeod Miller J. H. Neal J. M. Neal Parks Pinson Rhoad Scott Sheheen Skelton J. E. Smith Snow Taylor Umphlett Whipper Young
Those who voted in the negative are:
Allen Altman Bales Barfield Bingham Bowers Branham Cato Ceips Chellis Cotty Davenport Delleney Edge Frye Hamilton Harrell Harrison Haskins Herbkersman Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Loftis Lourie Lucas Mahaffey McGee Merrill Neilson Owens Perry E. H. Pitts Rice Rivers Sandifer Scarborough Simrill Sinclair D. C. Smith F. N. Smith G. M. Smith J. R. Smith Stewart Talley Thompson Toole Tripp Viers White Wilkins
So, the House refused to table the amendment.
Reps. WALKER, TOWNSEND, SCOTT, HINSON, PINSON, CEIPS, GILHAM, HERBKERSMAN, LLOYD, KENNEDY, CLYBURN, BALES, THOMPSON, NEILSON, J. BROWN, J. H. NEAL, MERRILL, RHOAD, SKELTON, ANTHONY, ALTMAN, DUNCAN, PERRY, J. HINES, MILLER, BATTLE, JENNINGS, R. BROWN, MACK, BREELAND, VIERS, HAMILTON, LEACH, MAHAFFEY and WHIPPER requested debate on the Bill.
The following Bill was taken up:
H. 3378 (Word version) -- Reps. Kirsh, F. N. Smith and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-15 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AS PROVIDED BY LAW SHALL BE DEVOLVED UPON THE STATE SUPERINTENDENT OF EDUCATION.
Rep. ALTMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3686 (Word version) -- Reps. Walker and Taylor: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".
Rep. CEIPS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 4158 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO HIGHWAY PATROL, SUBARTICLE 1 WRECKER REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2821, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. J. E. SMITH made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The motion period was dispensed with on motion of Rep. J. R. SMITH.
The following Bill was taken up:
H. 3903 (Word version) -- Reps. Limehouse, Rutherford, Vaughn, Whipper, Scott, J. Brown, Cato, Hagood, Haskins, Leach, Sheheen, J. E. Smith, J. R. Smith, W. D. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1565MM03), which was adopted:
Amend the bill, as and if amended, Section 4-10-720 as contained in SECTION 1, page 1, line 33, after /4-10-720./ by inserting / (A) / and after line 40, by inserting the following:
/ (B) The tax authorized by this article must not be imposed within a municipality that is already subject to a sales tax authorized by Title 4 or within a school district that is already subject to a sales tax authorized by a local act of the General Assembly. /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. E. H. PITTS proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20574SD03), which was tabled:
Amend the bill, as and if amended, in Section 4-10-740 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (G) to read:
/ (G) Only those qualified electors who have paid ad valorem property taxes on either real or personal property to the municipality in the year immediately preceding the referendum may vote in the referendum. /
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
Rep. JENNINGS raised the Point of Order that Amendment No. 2 was out of order in that it was unconstitutional and was in violation of the Fourteenth Amendment.
SPEAKER WILKINS stated that only the courts have the authority to determine the constitutionality of an amendment and that as the Speaker of the House he did not have the authority to rule on the constitutionality of it unless the matter in question effects the procedure on Rules of the House. He therefore overruled the Point of Order.
Rep. E. H. PITTS moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Cobb-Hunter Coleman Cotty Davenport Delleney Duncan Emory Freeman Gilham Hagood Harrison Harvin Haskins Herbkersman J. Hines M. Hines Hinson Howard Huggins Jennings Koon Leach Lee Limehouse Littlejohn Lloyd Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller J. M. Neal Ott Owens Parks Phillips Pinson E. H. Pitts Rhoad Rice Rutherford Scarborough Scott Sheheen Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Taylor Thompson Toole Townsend Tripp Umphlett Whipper White Whitmire Wilkins
Those who voted in the negative are:
Altman Cooper Edge Frye Hamilton Keegan Kennedy Kirsh Loftis Lourie Merrill Neilson Perry Sandifer Simrill Stewart Stille Talley Walker Witherspoon
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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.
Rep. ALTMAN moved to adjourn debate on the Bill until Thursday, June 5.
Rep. TRIPP moved to table the motion, which was agreed to.
Reps. TRIPP and HOWARD proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5440SL03), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, line 24 after /wrapper/ by adding the following:
/ unless the straw is dispersed from a container designed to dispense a sterile straw individually and untouched /
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP explained the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. TRIPP spoke in favor of the amendment.
The amendment was then adopted by a division vote of 84 to 9.
Rep. PERRY spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Ceips Clark Clyburn Cobb-Hunter Coleman Emory Gilham Gourdine Harvin Hayes Herbkersman J. Hines M. Hines Hinson Howard Jennings Kennedy Koon Lee Lloyd Lourie Mack Martin McLeod Miller J. H. Neal J. M. Neal Neilson Ott Parks E. H. Pitts Rivers Rutherford Scott Sinclair D. C. Smith F. N. Smith J. E. Smith J. R. Smith Snow Toole Tripp Umphlett Walker Whipper White
Those who voted in the negative are:
Altman Barfield Battle Bingham Cato Chellis Clemmons Cooper Cotty Davenport Delleney Duncan Edge Freeman Frye Hagood Hamilton Harrell Haskins Huggins Keegan Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee Merrill Owens Perry Phillips Pinson Rice Sandifer Scarborough Sheheen Simrill Skelton G. M. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Townsend Viers Whitmire Wilkins Witherspoon Young
So, the Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3973 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 7, 2003, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2003, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; TO ELECT MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS TO SUCCEED A MEMBER WHOSE TERM EXPIRED IN 2002 AND A MEMBER WHOSE TERM EXPIRES IN 2003; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The PRESIDENT recognized Rep. PHILLIPS, Chairman of the Joint Screening Committee.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that James F. Hightower had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that James F. Hightower was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 1.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Clark B. Parker had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Clark B. Parker was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 3.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Dr. Oran P. Smith had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. Oran P. Smith was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 5.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Payne H. Barnette, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Payne H. Barnette, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 7.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Charles J. Hodge had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Charles J. Hodge was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 9.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Dr. Samuel J. Swad had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. Samuel J. Swad was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 11.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Fred F. DuBard, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Fred F. DuBard, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 13.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Eugene C. Spivey had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Eugene C. Spivey was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 15.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Daniel W. Moore, Sr. had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Daniel W. Moore, Sr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 1.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Arnold Collins had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Arnold Collins was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 2.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Samuel B. Glover had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Samuel B. Glover was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 4.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Dr. John H. Corbitt had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. John H. Corbitt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: John Long, Karl H. Smith and Eugene P. Warr, Jr.
Rep. PHILLIPS stated that John Long and Karl H. Smith had withdrawn from the race, and placed the name of the remaining candidate, Eugene P. Warr, Jr. in nomination.
Whereupon, the PRESIDENT announced that Eugene P. Warr, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for three At-Large Seats.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Vince Rhodes, Lowell C. Spires, Jr. and George M. Ducworth had been screened, found qualified, and placed their names in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that Vince Rhodes, Lowell C. Spires, Jr. and George M. Ducworth was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for one At-Large Seat.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Greg W. Anderson, Al Berry, Pat Black, Jr., Dr. Vernon Merchant, Bob Peeler, Jack Shuler, B.K. "Bud" Webb, and Rodney Williams.
Rep. PHILLIPS stated that Greg Anderson, Al Berry, Pat Black, Jack Shuler, B.K. "Bud" Webb, and Rodney Williams had withdrawn from the race, and placed the names of the remaining candidates in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Merchant:
The following named Senators voted for Peeler:
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J.V. Thomas Verdin Waldrep
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Merchant:
The following named Representatives voted for Mr. Peeler:
Allen Altman Anthony Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson 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 Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
RECAPITULATION
Total number of Senators voting 43
Total number of Representatives voting 111
Grand Total 154
Necessary to a choice 78
Of which Merchant received 0
Of which Peeler received 154
Whereupon, the PRESIDENT announced that Bob Peeler was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 1.
Senator Alexander, on behalf of the Joint Screening Committee, stated that Louis Mayrant had been screened, found qualified, and placed the name in nomination.
On motion of Senator Alexander, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Louis Mayrant was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 3.
Senator Alexander, on behalf of the Joint Screening Committee, stated that Tony Macomson had been screened, found qualified, and placed the name in nomination.
On motion of Senator Alexander, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Tony Macomson was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 p.m. the House resumed, the SPEAKER in the Chair.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, May 8, which was adopted:
H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Mahaffey, Neilson, Parks, M. A. Pitts, Altman, Toole, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
Rep. SCOTT moved that the House recur to the Morning Hour, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 525 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS, REVISE PROVISIONS RELATING TO ADVERTISING AND CONVEYANCE OF VACATION TIME SHARING PLANS SO AS TO DELETE CERTAIN LICENSE REQUIREMENTS FOR SELLERS AND TO EXEMPT CERTAIN COMMUNICATIONS FROM ADVERTISEMENT AND PROMOTION RESTRICTIONS, REVISE THE TERMS OF THE NOTICE OF THE RIGHT TO CANCELLATION REQUIREMENTS IN CONTRACTS FOR THE PURCHASE OF VACATION TIME SHARING PLANS AND PROVIDE FOR THE EFFECTIVE DATE OF NOTICE OF CANCELLATION, ESTABLISH NEW PROCEDURES FOR THE DISTRIBUTION OF REFUNDS UPON CANCELLATION OF CONTRACTS AND ESTABLISHMENT AND MAINTENANCE OF ESCROW ACCOUNTS IN THAT CONNECTION, PROVIDE FOR MATTERS TO BE DISCLOSED IN CONTRACTS INCLUDING WARNINGS AGAINST RELIANCE ON THE PURCHASE AS AN INVESTMENT, DELETE THE REQUIREMENT OF AN EXAMINATION FOR REGISTRATION RELATING TO LICENSES FOR SELLERS OF VACATION TIME SHARING PLANS, EXEMPT EMPLOYEES OF THE SELLER FROM LICENSING REQUIREMENTS, PROVIDE FOR VICARIOUS LIABILITY OF THE CONTROLLING SELLER, TIGHTEN PROVISIONS RELATING TO POWERS OF THE SOUTH CAROLINA REAL ESTATE COMMISSION IN CONNECTION WITH THE INVESTIGATION OF AN APPLICATION FOR REGISTRATION OF A TIME SHARING PLAN INCLUDING ASSURANCES AND BONDING AGAINST ENCUMBRANCES, AND MAKE TECHNICAL CHANGES TO CONFORM THE ARTICLE; AND TO AMEND SECTION 27-50-30, RELATING TO EXEMPTIONS IN CONNECTION WITH THE RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT, SO AS TO EXEMPT FROM THE ACT A TRANSFER OF A VACATION TIME SHARING PLAN OR A VACATION MULTIPLE OWNERSHIP INTEREST.
Ordered for consideration tomorrow.
On motion of Rep. J. E. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 4171 (Word version) -- Reps. J. E. Smith, 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. 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 PROCLAIM MAY 2003 AS LICENSED CHILDCARE AND PROVIDER APPRECIATION MONTH IN SOUTH CAROLINA.
Whereas, quality childcare programs are essential to the development of our young people into productive citizens and future leaders; and
Whereas, for many children, childcare providers offer and maintain the child's first learning environment outside of the home; and
Whereas, of the twenty-one million children in America under the age of six, approximately thirteen million are in childcare at least part time and an additional twenty-four million school-age children are in some form of after-school care; and
Whereas, sixty-one percent of children under the age of six in South Carolina have working parents who rely on others to provide childcare and education; and
Whereas, there are some three thousand six hundred licensed childcare centers and family childcare facilities operating in our State, caring for and educating an estimated one hundred eighty-eight thousand South Carolina children; and
Whereas, licensed South Carolina childcare facilities employ more than thirteen thousand five hundred childcare professionals and generate more than three hundred fifty million dollars in business revenue for our State; and
Whereas, licensed childcare professionals throughout the Palmetto State are committed to providing nurturing learning environments that help children develop self-esteem, discipline, resourcefulness, respect, and responsibility; and
Whereas, the annual celebration of "Licensed Childcare and Provider Appreciation Month" is dedicated to raising awareness of the commitment of childcare professionals throughout South Carolina and the nation to the health and safety of the children in their care. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, do hereby proclaim May 2003 as "Licensed Childcare and Provider Appreciation Month" in South Carolina and encourage all South Carolinians to recognize the benefits quality childcare environments and professionals provide in preparing our young people for a bright and happy future.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4172 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. JIM GASQUE OF COLUMBIA FOR HIS MANY ACCOMPLISHMENTS IN TEACHING DURING HIS CAREER AND ON RECEIVING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION'S 2003 UPPER SCHOOL TEACHER OF THE YEAR AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4173 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 321 IN FAIRFIELD COUNTY THAT BEGINS AT THE INTERSECTION OF UNITED STATES HIGHWAY 321 BUSINESS AND UNITED STATES HIGHWAY 321 BY-PASS ON THE NORTH SIDE OF THE TOWN OF WINNSBORO AND ENDS AT THE FAIRFIELD/CHESTER COUNTY LINE WEBSTER ANDERSON UNITED STATES CONGRESSIONAL MEDAL OF HONOR RECIPIENT HIGHWAY AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "WEBSTER ANDERSON CONGRESSIONAL MEDAL OF HONOR RECIPIENT HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 685 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. ROBERT LEON "LEE" JOHNSON OF HORRY COUNTY FOR HIS SIXTY YEARS OF DEDICATED GOVERNMENTAL SERVICE IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4174 (Word version) -- Reps. Edge and Harrison: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, TERM, JURISDICTION, TRAINING, CERTIFICATION, AND NONCOMPLIANCE OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE MUST HAVE A TWO-YEAR ASSOCIATE DEGREE FROM AN INSTITUTION ACCREDITED BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS OR ANOTHER APPROPRIATE REGIONAL ACCREDITING ASSOCIATION.
Referred to Committee on Judiciary
Rep. ANTHONY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4086 (Word version) -- Reps. Duncan, Taylor, M. A. Pitts and McLeod: 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".
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".
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.
H. 4133 (Word version) -- Rep. Hinson: A CONCURRENT RESOLUTION CONGRATULATING SIR KNIGHT MICHAEL W. TELESCO FOR FIFTY YEARS OF OUTSTANDING SERVICE AND FOR HIS MANY CONTRIBUTIONS TO THE KNIGHTS OF COLUMBUS AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
H. 4136 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Stewart, Clyburn and Clark: A CONCURRENT RESOLUTION TO EXTEND WARMEST REGARDS AND HEARTFELT CONGRATULATIONS TO MR. AND MRS. WILLIAM L. FELTY ON THE OCCASION OF THE CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND TO THEM GOOD WISHES FOR CONTINUED SUCCESS AND HAPPINESS IN THE YEARS TO COME.
H. 4155 (Word version) -- Rep. Richardson: A CONCURRENT RESOLUTION RECOGNIZING SERGEANT JESSE LANTER OF FORT MILL FOR HIS ACTS OF SACRIFICE AND BRAVERY WHILE SERVING IN IRAQ WITH THE UNITED STATES MARINES AND WISHING HIM A SAFE RETURN TO HIS HOME STATE.
H. 4160 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA GENERAL TO THE W. WYMAN KING ACADEMY "LADY KNIGHTS" BASKETBALL TEAM OF LEXINGTON COUNTY AND TO HEAD COACH JOEY LONG ON CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION 2003 CLASS A GIRLS STATE BASKETBALL CHAMPIONSHIP TITLE.
At 12:40 p.m. the House, in accordance with the motion of Rep. YOUNG, adjourned in memory of Barry G. Lines, to meet at 10:00 a.m. tomorrow.
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