Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Jeremiah 1:9: "The Lord said to me: Now I have put My words in your mouth."
Let us pray. Living God, grant us grace so that our words and deeds may be acceptable to You as this body works to provide the very best for the people of this State and to accomplish the great task laid before them. Forgive us when we have spoken or acted wrongly. Bless our leaders of this State and nation. 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 Friday, the SPEAKER ordered it confirmed.
Rep. MACK moved that when the House adjourns, it adjourn in memory of Hilda Gaston Roper, which was agreed to.
The following was received:
2002 SOUTH CAROLINA LEGISLATIVE MANUAL
In accordance with the action taken by the General Assembly on April 9, 1963 and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand $ 10.00
Total number of Manuals sold from
February 20, 2002 to May 13, 2003,
2,286 @ $5.00 each 11,430.00
TOTAL $11,440.00
Accounting:
Cash on Hand $ 10.00
Cash Deposited in State's
General Fund 11,430.00
TOTAL $11,440.00
Sandra K. McKinney
Clerk of the House
May 13, 2003
Received as information.
The following was received:
May 2, 2003
Columbia, S.C.
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
STATEWIDE APPOINTMENT
State Ethics Commission
Term Commencing: June 30, 2003
Term Expiring: June 30, 2008
Seat: 5th Congressional District
Vice: Peter C. Coggeshall
Initial Appointment
Mr. Duane G. Hansen
1993 Candlewick Drive
Fort Mill, South Carolina 29715
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
Document No. 2760
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-39-10
Statement of Policy, Specific Project Standards for Beaches and Dunes, Activities Allowed Seaward of Baseline (Permitting Critical Areas of the Coastal Zone)
Received by Speaker of the House of Representatives
January 14, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 13, 2003
Withdrawn and Resubmitted March 8, 2003
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4190 (Word version) -- Reps. Harrison, J. E. Smith, Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal and Quinn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 22, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO THE DREHER HIGH SCHOOL DRAMA DEPARTMENT AND THE DREHER DRAMA DEVILS OF COLUMBIA TO RECOGNIZE THEM FOR THEIR OUTSTANDING PERFORMANCES AT THIS YEAR'S PALMETTO DRAMATICS ASSOCIATION'S DRAMA FESTIVAL, FOR RECEIVING A SUPERIOR RATING, AND FOR BEING THE HIGHEST POINT WINNERS OF THE FESTIVAL.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives on Thursday, May 22, 2003, at a time to be determined by the Speaker, is extended to the Dreher High School Drama Department and the Dreher Drama Devils of Columbia for the purpose of recognizing them for their outstanding performances at this year's Palmetto Dramatics Association's Drama Festival, for receiving a superior rating, and for being the highest point winners of the festival.
The Resolution was adopted.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4191 (Word version) -- Reps. Harrison, J. E. Smith, Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 22, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO THE DREHER HIGH SCHOOL ACADEMIC DECATHLON TEAM AND THE TEAM'S COACHES, CHRISTINA MURPHY AND LINDA WILLIAMS, OF COLUMBIA FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE 2003 ACADEMIC DECATHLON STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives on Thursday, May 22, 2003, at a time to be determined by the Speaker, is extended to the Dreher High School Academic Decathlon Team and the team's coaches, Christina Murphy and Linda Williams, of Columbia for the purpose of recognizing them for winning the 2003 Academic Decathlon State Championship.
The Resolution was adopted.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4192 (Word version) -- Reps. Harrison, J. E. Smith, Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 22, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO THE DREHER HIGH SCHOOL GIRLS' BASKETBALL TEAM AND TO THEIR COACH, TERESA JONES, OF COLUMBIA FOR THE PURPOSE OF RECOGNIZING THEM ON THEIR REMARKABLE SEASON AND ON CAPTURING THE CLASS AAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives on Thursday, May 22, 2003, at a time to be determined by the Speaker, is extended to the Dreher High School Girls' Basketball Team and to their coach, Teresa Jones of Columbia, for the purpose of recognizing them on their remarkable season and on capturing the Class AAA State Championship.
The Resolution was adopted.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4193 (Word version) -- Reps. Harrison, J. E. Smith, Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 22, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO THE DREHER HIGH SCHOOL SAT TEAM OF COLUMBIA FOR THE PURPOSE OF RECOGNIZING THEM FOR THEIR HARD WORK AND RECENT ACCOMPLISHMENTS, INCLUDING BEING NAMED THE CLASS AAA LOWER STATE AND STATE CHAMPIONS FOR 2003.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives on Thursday, May 22, 2003, at a time to be determined by the Speaker, is extended to the Dreher High School SAT Team of Columbia for the purpose of recognizing them for their hard work and recent accomplishments, including being named the Class AAA Lower State and State Champions for 2003.
The Resolution was adopted.
The following was introduced:
H. 4194 (Word version) -- Rep. Snow: A CONCURRENT RESOLUTION TO DEMONSTRATE THE CONCERN OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR SOUTH CAROLINIANS LIVING ALONG THE SANTEE RIVER 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 COMPENSATE THOSE RESIDENTS FOR PROPERTY DAMAGE CAUSED BY FLOODWATERS DISCHARGED FROM LAKES MARION AND MOULTRIE WHICH ARE OPERATED BY SANTEE COOPER AND REGULATED BY THE FEDERAL GOVERNMENT.
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.
The Senate sent to the House the following:
S. 694 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO WASHINGTON STREET UNITED METHODIST CHURCH OF COLUMBIA ON THE OCCASION OF THE CHURCH'S BICENTENNIAL CELEBRATION DURING 2003 AND TO EXTEND OUR APPRECIATION FOR THE CHURCH'S SIGNIFICANT ROLE IN SHAPING THE LIVES OF MANY RESIDENTS OF COLUMBIA AND THE STATE OF SOUTH CAROLINA.
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:
H. 4195 (Word version) -- Reps. Hagood, Young, Merrill, Herbkersman, Branham, Altman, Battle, Clyburn, Emory, Howard, Leach, Limehouse, Littlejohn, Miller, Parks, Perry, E. H. Pitts, Ceips, Sinclair, J. R. Smith, Thompson, Weeks and Witherspoon: A BILL TO AMEND SECTION 2-19-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATION OF QUALIFIED JUDICIAL CANDIDATES BY THE JUDICIAL MERIT SELECTION COMMISSION FOR ELECTION BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ELECTION MUST BE HELD NO LATER THAN THREE WEEKS AFTER THE DATE OF THE COMMISSION'S NOMINATIONS TO THE GENERAL ASSEMBLY; AND BY ADDING SECTION 2-20-75 SO AS TO PROVIDE THAT ELECTIONS FOR NONJUDICIAL CANDIDATES SCREENED BY A JOINT COMMITTEE MUST BE HELD NO LATER THAN THREE WEEKS AFTER THE DATE THE FINDINGS OF THE JOINT COMMITTEE AS TO THE QUALIFICATIONS OF CANDIDATES FOR THE OFFICES SOUGHT HAVE BEEN PUBLISHED IN THE JOURNALS OF BOTH HOUSES.
Referred to Committee on Judiciary
H. 4196 (Word version) -- Reps. J. H. Neal, J. Brown, Battle, Branham, Davenport, J. Hines, Howard, Littlejohn, Mack, Mahaffey, Miller, Stille and Weeks: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE TERM FROM "MORTGAGE LOAN BROKER" TO "MORTGAGE BROKER", TO CONFORM THE CHAPTER ACCORDINGLY, TO DEFINE "PROCESSOR", TO FURTHER SPECIFY THE SCOPE OF RESPONSIBILITY OF "ORIGINATORS", AND AMONG OTHER THINGS TO PROVIDE FOR LICENSURE AND RENEWAL FEES FOR ORIGINATORS.
Referred to Committee on Labor, Commerce and Industry
H. 4200 (Word version) -- Rep. Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-134 SO AS TO ESTABLISH A NO WAKE ZONE ON THE INTRACOASTAL WATERWAY IN HORRY COUNTY BEGINNING AT THE SIGN POSTED AT MARKER 35 AND ENDING AT THE SIGN POSTED AT MARKER 38.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 4197 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SPRING VALLEY HIGH SCHOOL VIKING BOYS TRACK AND FIELD TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON WINNING THE 2003 CLASS AAAA TRACK AND FIELD STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend the privilege of the floor to the Spring Valley High School Viking Boys Track and Field Team at a date and time to be determined by the Speaker, for the purpose of congratulating them on winning the 2003 Class AAAA Track and Field State Championship.
The Resolution was adopted.
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 4198 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE RICHLAND NORTHEAST HIGH SCHOOL "CAVALIERS" BOYS' TENNIS TEAM AND THE TEAM'S COACH, DANIEL STRICKLAND, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN CAPTURING THE 2003 CLASS AAAA BOYS' TENNIS CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend the privilege of the floor to the Richland Northeast High School "Cavaliers" Boys' Tennis Team and the team's coach, Daniel Strickland, at a date and time to be determined by the Speaker, for the purpose of congratulating them on their collaborative efforts and hard work in capturing the 2003 Class AAAA Boys' Tennis Championship Title.
The Resolution was adopted.
The following was introduced:
H. 4199 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SPRING VALLEY HIGH SCHOOL "VIKINGS" OF COLUMBIA AND THEIR COACH, JOHN JONES, ON WINNING THE 2003 CLASS AAAA TRACK AND FIELD CHAMPIONSHIP TITLE AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THEIR SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gourdine Hagood Hamilton Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Huggins Keegan Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scott Sheheen Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, May 13.
Wallace Scarborough J. J. "Bubber" Snow Harry Stille Lonnie Hosey Robert Harrell Joseph Neal Phillip Sinclair Ronald Townsend Seth Whipper Todd Rutherford Lewis E. Pinson Larry Koon Fletcher Smith David Weeks Douglas Jennings Bessie Moody-Lawrence Karl Allen Gary Simrill
The SPEAKER granted Rep. RICHARDSON a leave of absence for the week due to illness.
The SPEAKER granted Rep. GILHAM a temporary leave of absence to attend a funeral.
Announcement was made that Dr. Woodrow Long of Greenville is the Doctor of the Day for the General Assembly.
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. 3780 (Word version)
Date: ADD:
05/13/03 DELLENEY
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
H. 4176 (Word version) -- Rep. Anthony: A BILL TO AMEND ACT 231 OF 1993, RELATING TO THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, SO AS TO REDUCE THE MEMBERSHIP OF THE BOARD FROM NINE MEMBERS TO EIGHT MEMBERS.
The following Bill was taken up:
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.
Reps. HARRISON and G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11722AC03):
Amend the bill, as and if amended, Section 20-7-87(A) page 1, line 40 by deleting /:/, on line 41 by deleting /(1)/, and on page 2 by deleting item (2) on lines 10-11, so when amended, Section 20-7-87(A) reads:
/(A) If a person serving in the Armed Forces of the United States, or the National Guard or any other federal or state military organization, is called to active duty in the time of war and that individual is under a duty to pay child support or spousal support pursuant to a court order any reduction in the amount of pay the individual receives due to being called into active duty constitutes a de facto material change of circumstances for the purpose of reducing the individual's child support obligation proportionally. Upon the individual submitting an affidavit to the clerk of family court, and supporting documentation demonstrating the reduction in pay, the clerk, in cases in which the individual pays the support through the family court, or the family court judge, ex parte, in all other cases, shall reduce the individual's child support and spousal support obligation by the amount the same percentage that the individual's pay was reduced./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Reps. J. E. SMITH, HOWARD, COBB-HUNTER, SHEHEEN, BREELAND, J. H. NEAL and COLEMAN requested debate on the Bill.
The following Bill was taken up:
H. 3780 (Word version) -- Reps. Simrill, Haskins, Cato, Clemmons, Davenport, Hamilton, Keegan, Littlejohn, Owens, Sandifer, Sinclair, Vaughn, Viers, Talley and Delleney: 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.
Reps. COBB-HUNTER, KENNEDY, J. E. SMITH, MACK and R. BROWN requested debate on the Bill.
The following Joint Resolution was taken up:
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.
Rep. OTT explained the Joint Resolution.
Reps. COOPER, TOWNSEND, THOMPSON, WHITE, RICE, WALKER, HAMILTON, OTT, PERRY, PHILLIPS, DUNCAN and M. A. PITTS requested debate on the Joint Resolution.
Rep. BINGHAM moved to adjourn debate upon the following Bill until Wednesday, May 14, which was adopted:
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.
The following Bill was taken up:
S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20581SD03), which was adopted:
Amend the bill, as and if amended, by striking Section 2 in its entirety.
Amend further the bill, as and if amended, by striking Section 35-1-1530 of the 1976 Code, as contained in SECTION 3, and inserting:
/ Section 35-1-1530. No person may sue under Sections Section 35-1-1490 and or 35-1-1500 more than three years after the contract of sale, except that in cases involving a violation of Section 35-1-1490(2), the limitations period is the earlier of one year after discovery of the untrue statement or omission, or five years after the violation. No person may sue under either section if the:
(a) if the buyer received a written offer, before suit and at a time when he owned the security, to refund the consideration paid together with interest at six percent per year from the date of payment, less the amount of any income received on the security, and he failed to accept the offer within thirty days of its receipt, or
(b) if the buyer received such an offer before suit and at a time when he did not own the security, unless he rejected the offer in writing within thirty days of its receipt. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SANDIFER moved to adjourn debate upon the following Bill until Thursday, May 22, which was adopted:
S. 675 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS 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.
Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, May 20, which was adopted:
H. 4188 (Word version) -- Reps. Limehouse, Altman, Breeland, R. Brown, Chellis, Hagood, Harrell, Mack, Merrill, Miller, Scarborough, Whipper and Young: A BILL TO PROVIDE THAT EFFECTIVE JULY 1, 2003, DISTRIBUTIONS DUE CHARLESTON COUNTY FROM THE LOCAL GOVERNMENT FUND ($14,120,593 FOR FISCAL YEAR 2002-2003) PURSUANT TO THE STATE AID TO SUBDIVISIONS ACT ARE INSTEAD DISTRIBUTED TO THE SCHOOL DISTRICT OF CHARLESTON COUNTY WHICH MUST USE THESE FUNDS TO ROLLBACK PROPERTY TAXES FOR SCHOOLS.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Wednesday, May 14, which was adopted:
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.
Rep. WILKINS, with unanimous consent, made a statement relative to the decorum in the House of Representatives.
The following Concurrent Resolution was taken up:
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".
Whereas, Sergeant First Class Webster Anderson of Fairfield County distinguished himself by conspicuous gallantry and intrepidity in action while serving as chief of section in Battery A., 2d Battalion, 320th Artillery, 101st Airborne Division (Airmobile), against a hostile force; and
Whereas, during the early morning hours of October 15, 1967, in Tam Ky Republic of Vietnam, Battery A.'s defensive position was attacked by a North Vietnamese Army infantry unit. The initial enemy onslaught breached the battery defensive perimeter; and
Whereas, Sergeant First Class Anderson, with complete disregard for his personal safety, mounted the exposed parapet of his howitzer position and became the mainstay of the defense of the battery position. Sergeant Anderson directed devastating direct howitzer fire on the assaulting enemy while providing rifle and grenade defensive fire against enemy soldiers attempting to overrun his gun section position; and
Whereas, while protecting his crew and directing their fire against the enemy force from his exposed position, two enemy grenades exploded at his feet knocking him down and severely wounding him in the legs. Despite the excruciating pain and though not able to stand, Sergeant Anderson propped himself on the parapet and continued to direct howitzer fire upon the closing enemy and encouraged his men to fight on; and
Whereas, seeing an enemy grenade land within the gun pit near a wounded member of his gun crew, Sergeant Anderson seized the grenade and attempted to throw it over the parapet to save his men. As the grenade was thrown it exploded and Sergeant Anderson was again grievously wounded; and
Whereas, Sergeant Anderson refused medical evacuation and continued to encourage his men in defense of their positions; and
Whereas, for his heroism he was awarded the Congressional Medal of Honor on November 24, 1969; and
Whereas, the members of the General Assembly believe that it is fitting and proper for a portion of United States Highway 321 in Fairfield be named to honor this native son of the Palmetto State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Transportation is requested 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 United States Congressional Medal of Honor Recipient Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. SKELTON.
Rep. QUINN moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4177 (Word version) -- Reps. Koon, Quinn, W. D. Smith, Clark and Frye: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSTATE INTERCHANGE OF INTERSTATE 20 AND ROAD 204 AT EXIT 51 IN LEXINGTON COUNTY AS THE "CHARLIE ROUNTREE, JR. JUNIOR GOLF INTERCHANGE" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. CHARLIE ROUNTREE'S TIRELESS COMMITMENT TO THE GAME OF GOLF WITH EMPHASIS ON THE JUNIOR GOLF PROGRAM IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4201 (Word version) -- Rep. Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 6 SO AS TO PROVIDE A PROCEDURE BY WHICH A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT MAY IMPOSE AVAILABILITY CHARGES FOR WATERWORKS OR SEWER SYSTEMS AND PROVIDE A METHOD FOR THE CALCULATION OF THE CHARGE.
Referred to Committee on Judiciary
The following was introduced:
H. 4202 (Word version) -- Rep. Quinn: A HOUSE RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MR. HODGES LEWIS OF RICHLAND COUNTY FOR HIS MANY YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND HIS COMMUNITY THROUGH HIS WORK IN EDUCATION AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4203 (Word version) -- Reps. Koon, Quinn and W. D. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSTATE INTERCHANGE OF INTERSTATE 20 AND ROAD 204 AT EXIT 51 IN LEXINGTON COUNTY AS THE "CHARLIE ROUNTREE JR. JUNIOR GOLF INTERCHANGE" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. CHARLIE ROUNTREE'S TIRELESS COMMITMENT TO THE GAME OF GOLF WITH EMPHASIS ON THE JUNIOR GOLF PROGRAM IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. COOPER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
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.
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.
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.
At 12:55 p.m. the House, in accordance with the motion of Rep. MACK, adjourned in memory of Hilda Gaston Roper, to meet at 10:00 a.m. tomorrow.
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