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 Ecclesiastes 1:9: "What has been will be again, what has been done will be done again; there is nothing new under the sun."
Let us pray. Almighty God, we give thanks that You provide for the work of this State through the different gifts of the members and staff of this body. Help us recognize and act upon every opportunity for service. Guide our diversity that everthing we think, say, and do may be for the common good of this State. Guide, protect, and keep our President and troops in Your care. Hear us, O Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. MARTIN moved that when the House adjourns, it adjourn in memory of Matt Chamblee of Anderson, which was agreed to.
The House stood in silent prayer in memory of former Representative David O. Hawkins.
Document No. 2829
Agency: Department of Labor, Licensing and Regulation, Board of Long Term Health Care Administrators
Statutory Authority: 1976 Code Section 40-35-5
Residential Care Facility Administration
Received by Speaker of the House of Representatives
April 16, 2003
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration August 14, 2003 (Subject to Sine Die Revision)
Withdrawn and Resubmitted March 13, 2003
Rep. SANDIFER, from the Oconee Delegation, submitted a favorable report on:
S. 334 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON AUGUST 9, 2002, BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL, TAMASSEE-SALEM MIDDLE SCHOOL, AND TAMASSEE-SALEM HIGH SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO WATERLINE PROBLEMS IS 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.
Ordered for consideration tomorrow.
The following was introduced:
H. 4204 (Word version) -- Reps. J. H. Neal, 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. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE JOSHUA SIMS PATTERSON OF HOPKINS ON BEING CHOSEN AS A MOREHEAD SCHOLARSHIP RECIPIENT AT THE UNIVERSITY OF NORTH CAROLINA CHAPEL HILL, TO COMMEND HIM FOR HIS HARD WORK AND COMMITMENT TO ACADEMIC EXCELLENCE, AND TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4205 (Word version) -- Reps. Cato and J. E. Smith: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE RAILROADS OPERATING IN SOUTH CAROLINA FOR IMPROVING THEIR SAFETY AND EFFICIENCY BY TAKING ADVANTAGE OF THE INNOVATIVE AND PROVEN TECHNOLOGY USED FOR REMOTE CONTROL LOCOMOTIVES.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4206 (Word version) -- Reps. Cooper and Harrell: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO PROVIDE THAT THE SENATE FINANCE COMMITTEE AND THE HOUSE WAYS AND MEANS COMMITTEE MUST REVIEW THE PORTION OF ANY REGULATION THAT INCREASES FEES.
Referred to Committee on Ways and Means
H. 4208 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 56-5-2530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL STOPPING, STANDING, PARKING, OR MOVING OF A VEHICLE, SO AS TO PROVIDE THAT A PERSON MAY NOT PARK A VEHICLE ALONG THE CURB OF A STREET THAT IS PAINTED YELLOW.
Referred to Committee on Judiciary
The following was introduced:
H. 4207 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE RICHLAND NORTHEAST HIGH SCHOOL "CAVALIERS" BOYS' TENNIS TEAM AND THE TEAM'S COACH, DANIEL STRICKLAND, ON THEIR OUTSTANDING DETERMINATION AND HARD WORK THROUGHOUT THEIR SEASON AND ON CAPTURING THE 2003 CLASS AAAA BOYS' TENNIS CHAMPIONSHIP TITLE ON SATURDAY, MAY 10, 2003.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Harrell Harrison Harvin Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Snow Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, May 14.
Seth Whipper James E. Stewart Glenn Hamilton Douglas Jennings Gloria Haskins Jackie Hayes Edward H. "Ted" Pitts Doug Smith John Scott Walter Lloyd William Clyburn Bessie Moody-Lawrence Ralph Davenport Bill Cotty Gilda Cobb-Hunter Fletcher Smith Todd Rutherford Jerry Govan Richard Quinn
The SPEAKER granted Rep. DANTZLER a leave of absence for the day due to a doctor's appointment.
Reps. GILHAM, HARVIN and QUINN signed a statement with the Clerk that they came in after the roll call of the House and was present for the Session on Tuesday, May 13.
Announcement was made that Dr. Benjamin E. Nicholson of Edgefield is the Doctor of the Day for the General Assembly.
Rep. BARFIELD presented to the House the administrators of Aynor High School for receiving numerous awards for service.
Reps. MCLEOD and HUGGINS presented to the House the Chapin High School SAT Team, the 2003 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. 4124 (Word version)
Date: ADD:
05/14/03 PERRY
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
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, read the third time, and ordered returned to the Senate with amendments:
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.
Rep. CATO moved to adjourn debate upon the following Bill until Thursday, May 15, 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 Joint Resolution was taken up:
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. JENNINGS explained the Joint Resolution.
Rep. TRIPP requested debate on the Joint Resolution.
The Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up:
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.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of requests for debate by Reps. THOMPSON, TOWNSEND, WHITE, WALKER, RICE, OTT, DUNCAN and M. A. PITTS, 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.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 425 (Word version) -- Senators Setzler and Knotts: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON 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. SCOTT asked unanimous consent to recall S. 288 (Word version) from the Committee on Judiciary.
Rep. COATES objected.
The following Concurrent Resolution was taken up:
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.
Whereas, Mr. Charlie C. Rountree, Jr., was born in Savannah, Georgia, on September 22, 1926. He served as a Staff Sergeant in the Medical Corps from 1945-1946 as part of the Japanese Occupation Force. After his military service, Mr. Rountree attended the University of Georgia and received a Bachelor of Science degree in Forestry in 1949; and
Whereas, in 1954, Mr. Rountree married Betty Patricia Terry and then went to work for the South Carolina Forestry Commission until retiring as Section Chief of Forest Management in 1986. Mr. Rountree and his wife have two sons, Charlie C. Rountree III and Mark Rountree; and
Whereas, Mr. Rountree was named Outstanding State Employee Richland/Lexington County in 1985, served on the South Carolina State Employees Association Board of Directors in 1989, and served on the Lexington County Recreation and Aging Commission from 1990-1994; and
Whereas, as chairman of the South Carolina Golf Association Junior Championship from 1972-1999, he was responsible for bringing the Championship to the Country Club of Lexington and establishing what would become twenty-eight straight years that the club has hosted the event. The Country Club of Lexington will now host the Championship every five years beginning with the fiftieth year in 2008; and
Whereas, the South Carolina-Georgia Junior Team Matches is the longest running interstate matches in the United States and Mr. Rountree served as chairman from 1976-2000. Former participants include three major championship winners, Larry Mize (Masters), Bob Tway and Davis Love III (PGA). In 2001, the Championship trophy was named Rountree-Cox after the longest serving chairman from each state. The trophy is on permanent display at the Country Club of Lexington; and
Whereas, Mr. Rountree was a founding board member and chairman of the South Carolina State Employee Golf Tournament and champion numerous times, and a founding board member and chairman of the South Carolina Forestry Commission Golf Tournament and champion numerous times; and
Whereas, Mr. Rountree served as president of the Country Club of Lexington in 1969, the first Club Champion in 1967, and Senior Club Champion in 1986. He was also a South Carolina Golf Association Father-Son Champion in 1973 and 1975; and
Whereas, Mr. Rountree scored a double eagle October 26, 1963, at the Hampton Country Club, which was a world record for longest, standing for over two years at 575 yards, he has made thirteen holes-in-one, the seventh in 1961 was the highest number recorded according to Golf Digest, and he was president of the South Carolina Golf Association in 1972 and 1977 and has served continuously on the board since 1967. He was inducted into South Carolina Golf Hall of Fame in 1978 and was president of the Hall of Fame from 1981-1991; and
Whereas, the General Assembly is pleased to recognize the accomplishments of Mr. Charlie C. Rountree, Jr., and considers it appropriate that the Department of Transportation name the interstate interchange of Interstate 20 and Road 204 at exit 51 in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, 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. Rountree's commitment to the game of golf with emphasis on the Junior Golf Program in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and Mr. Charlie C. Rountree, Jr., of Lexington.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. SKELTON.
The following Bill was taken up:
H. 3220 (Word version) -- Reps. Lourie, Bales, Littlejohn, Clemmons, Cotty, Weeks, Neilson, Miller and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 38, TITLE 43 SO AS TO CREATE THE VOLUNTEER LONG TERM CARE ADVOCATE PROGRAM UNDER THE LONG TERM CARE OMBUDSMAN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ESTABLISH THE STRUCTURE OF THE VOLUNTEER PROGRAM, TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT AND THE OMBUDSMAN PROGRAM, AND TO REQUIRE THE DEPARTMENT INITIALLY TO IMPLEMENT THIS PROGRAM IN LIMITED AREAS USING CIVIL MONEY PENALTIES FUNDS AND TO EXPAND THE PROGRAM AS FUNDS BECOME AVAILABLE, AND TO DESIGNATE SECTIONS 43-38-10 THROUGH 43-38-60 AS ARTICLE 1, CHAPTER 38, TITLE 43 AND TO NAME ARTICLE 1 "HEALTH FACILITY INVESTIGATIONS".
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11554AC03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 38 , Title 43 of the 1976 Code is amended by adding:
Section 43-38-300. There is created the Volunteer Long Term Care Advocate Program under the Long Term Care Ombudsman Program. The purpose of this program is to augment the services provided by the Ombudsman Program by assisting the program in providing a higher level of service to long term care residents and by maintaining a higher degree of presence in nursing homes.
Section 43-38-310. The department shall contract with area agencies on aging, authorized under the federal Older Americans Act and which operate regional ombudsman programs, to employ a volunteer coordinator for each agency and one statewide volunteer coordinator. The Long Term Care Ombudsman Program shall assist the volunteer coordinators in recruiting, screening, training, and placing volunteers, and staff of the regional ombudsman programs shall supervise the volunteer coordinators and provide ongoing guidance and direction to the volunteer advocates. The Long Term Care Ombudsman shall supervise the statewide volunteer coordinator and provide guidance and technical assistance to the regional volunteer programs.
Section 43-38-320. In carrying out this program, a volunteer advocate may, among other things:
(1) make regular visits to a nursing home where he is assigned;
(2) identify and informally to address concerns of nursing home residents and families;
(3) provide information to and assistance in gathering information for regional ombudsmen.
Section 43-38-330. (A) A regional ombudsman program may not place a volunteer advocate until the volunteer advocate has undergone a criminal record check as provided in this section. A regional ombudsman program may consider the information revealed by a criminal record check as a factor in evaluating a volunteer's application to participate in the program.
(B) If the regional ombudsman program is unable to verify South Carolina residency for a volunteer advocate for the preceding twelve months, the applicant must undergo a federal criminal record check in addition to the state criminal record check. However, if the volunteer advocate applicant can verify residency in North Carolina or Georgia for the twelve months preceding the date of application, the regional ombudsman program shall conduct only a state criminal record check in the applicant's resident state.
(C) Criminal record checks must be conducted by the State Law Enforcement Division or by a private business, organization, or association which conducts background checks if that entity utilizes current criminal records obtained from the State Law Enforcement Division or the Federal Bureau of Investigation to determine any criminal record. A volunteer advocate applicant shall submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by the State Law Enforcement Division. Fingerprint cards submitted to the State Law Enforcement Division pursuant to this section must be used to facilitate a national criminal record check, as required by this section.
(D) The criminal record check is not required to be repeated as long as the person continues to serve as a volunteer with a regional ombudsman program; however, if a person fails to participate in the volunteer ombudsman program for one year or longer, the criminal record check must be repeated before resuming volunteer advocate activities with the program. The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the volunteer advocate or the volunteer ombudsman program.
Section 43-38-340. Beginning in fiscal year 2003-2004, the Department of Health and Human Services initially shall implement this program for a three year period in a limited number of areas considering the areas of the state where complaints about nursing homes received by the department have been highest using funds from civil money penalties, provided under federal law. The department shall submit a report including recommendations to the General Assembly and the Governor no later than January 15, 2006 on the program's implementation. As state and other funds become available, the department shall expand the program statewide.
Section 43-38-350. A nursing home may not be held liable for civil or criminal acts or omissions of a volunteer advocate.
Section 43-38-360. The Department of Health and Human Services shall promulgate regulations to implement the provisions of this article including, but not limited to, volunteer training and certification requirements and the scope of volunteer activities."
SECTION 2. Sections 43-38-10 through 43-38-60 of the 1976 Code are designated as Article 1 of Chapter 38, Title 43 and named 'Health Facility Investigations'.
SECTION 3. This act takes effect July 1, 2003.
Renumber sections to conform.
Amend title to conform.
Rep. HAYES explained the amendment.
Rep. WALKER spoke against the amendment.
Rep. LOURIE spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment.
Rep. TRIPP moved to commit the Bill to the Committee on Ways and Means.
Rep. LOURIE moved to table the motion.
Rep. LOURIE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bales Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Clark Clyburn Cobb-Hunter Cotty Emory Freeman Gourdine Hayes M. Hines Hosey Howard Kennedy Lee Lloyd Lourie Mack Martin McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Owens Parks Rhoad Scott Skelton G. M. Smith J. E. Smith Snow Stille Weeks
Those who voted in the negative are:
Altman Cato Ceips Chellis Coates Cooper Davenport Delleney Duncan Edge Frye Gilham Hamilton Harrell Harrison Harvin Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Loftis Mahaffey McCraw McGee Merrill Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Sandifer Scarborough Simrill Sinclair D. C. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Viers Walker White Whitmire Wilkins Witherspoon Young
So, the House refused to table the motion.
The question then recurred to the motion to commit the Bill to the Committee on Ways and Means.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Cato Ceips Chellis Cooper Davenport Delleney Duncan Edge Frye Gilham Hamilton Harrell Harrison Harvin Haskins Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw Merrill Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Sandifer Scarborough Simrill Sinclair D. C. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bales Battle Bingham Bowers Branham G. Brown J. Brown R. Brown Clark Clyburn Cobb-Hunter Cotty Emory Freeman Gourdine Hayes M. Hines Hosey Howard Jennings Lee Lloyd Lourie Mack McGee McLeod Miller Moody-Lawrence J. H. Neal Ott Owens Parks Rhoad Scott Skelton G. M. Smith J. E. Smith Snow Weeks
So, the Bill was committed.
The following Bill was taken up:
H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, 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), which was tabled:
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. HINSON spoke against the amendment.
Rep. TOWNSEND 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:
Allen Altman Anthony Bailey Bales Battle Bingham Bowers Branham Breeland J. Brown R. Brown Ceips Chellis Clark Clyburn Cobb-Hunter Coleman Cotty Delleney Duncan Freeman Gilham Gourdine Hagood Harrell Harrison Hayes M. Hines Hinson Hosey Howard Huggins Jennings Kirsh Koon Lee Limehouse Littlejohn Lloyd Lourie Mack Mahaffey Martin McCraw McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Parks Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith Stille Taylor Thompson Toole Townsend Umphlett Walker Weeks White Whitmire Wilkins Young
Those who voted in the negative are:
Barfield Cato Clemmons Davenport Edge Frye Hamilton Haskins Herbkersman Keegan Kennedy Leach Loftis McGee Owens Perry Phillips Quinn Stewart Talley Tripp Vaughn Viers Witherspoon
So, the amendment was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bales Barfield Battle Bingham Branham G. Brown J. Brown Cato Ceips Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Edge Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Haskins Hayes Herbkersman Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Lee Littlejohn Loftis Lourie Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bowers Lloyd Owens Rhoad Rice
So, the Bill was read the second time and ordered to third reading.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9799SD03):
Amend the bill, as and if amended, by deleting Section 59-5-15 of the 1976 Code, as contained in SECTION 1, and inserting:
/ "Section 59-5-15. Notwithstanding any other provision of law, 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. However, the powers and duties relating to charter school appeals and other appeals currently heard by the State Board of Education shall be devolved upon the Administrative Law Judge Division. Additionally, the Administrative Law Judge Division is granted jurisdiction to hear and determine matters relating to teacher certification suspension and revocation." /
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. SIMRILL moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.
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".
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5432CM03), which was adopted:
Amend the bill, as and if amended, Section 56-19-48(B), as contained in SECTION 1, page 1, by inserting after the / . / on line 40
/ The insurance company must pay the title fee contained in Section 56-19-420. /
When amended Section 56-19-480(B) shall read:
/SECTION 1. Section 56-19-480(B) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(B) If a vehicle is acquired by an insurance company in settlement of a claim to the vehicle by fire, flood, collision, or other causes, or is left with the claimant after being declared a total loss by the insurance company, the company or its agent immediately shall deliver to the department the certificate of title together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the department to whom the transfer was made on a form prescribed by the department. Notwithstanding another provision of law, when an insurance company obtains title to a vehicle from settling a total loss claim, the insurance company may obtain a title to the vehicle designated as 'salvage'. The insurance company must pay the title fee contained in Section 56-19-420." /
Renumber sections to conform.
Amend title to conform.
Rep. GILHAM explained the amendment.
The amendment was then adopted.
Reps. LOFTIS and SCOTT proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5469CM03), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/SECTION __. Section 56-19-480(G) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(G) For purposes of this section, a 'wrecked vehicle', a 'salvage vehicle', and a 'vehicle declared to be a total loss' are all synonyms and are defined to be any motor vehicle which is damaged to the extent that the cost of repairing the motor vehicle, including both parts and reasonable market charges for labor, equal or exceed seventy-five percent of the fair market value of the motor vehicle. The provisions contained in this section do not apply to a motor vehicle that has a fair market value of two thousand dollars or less, or an antique motor vehicle as defined by Section 56-3-2210. When an insurance company is involved, the fair market value of the vehicle must be determined as of the date immediately before the event which gave rise to the claim. When an insurance company is not involved, then the fair market value must be determined as of the last day on which the vehicle was lawfully operated on a public highway or the last day on which it was registered, whichever is later."
SECTION __. Section 56-19-485 of the 1976 Code, as added by Act 101 of 1995, is amended to read:
"Section 56-19-485. Notwithstanding any other provision of law, whenever any motor vehicle which qualifies as 'wreckage' or 'salvage' is transferred in this State pursuant to Section 56-19-480, whether the vehicle was, immediately before such transfer, titled in this State or in another state, the vehicle shall be designated as 'wreckage' or 'salvage', as may be applicable, to the extent necessary to inform the transferee of the exact condition of the vehicle. No wrecked or salvaged out-of-state vehicle or South Carolina-registered vehicle shall be registered under the laws of this State without such designation, and this designation must be applied to all subsequent transfers of the vehicle.
The provisions of this section apply to transfers of vehicles in all of the circumstances described in Section 56-19-480, whether the vehicle is 'totaled', declared a total loss, 'junked', or 'salvaged'.
Notwithstanding the provisions of this section, the owner of a vehicle whose total cost of repair, including all labor and parts, is estimated to be seventy-five percent or more of the fair market value of the vehicle must provide the department an affidavit from a person who reconstructs or rebuilds a vehicle indicating the cost of repair along with other data the department may prescribe to obtain a certificate of title. The provisions contained in this section do not apply to a motor vehicle that has a fair market value of two thousand dollars or less, or an antique motor vehicle as defined by Section 56-3-2210. A certificate of title issued for a vehicle described in this paragraph must be annotated to indicate the motor vehicle is designated 'wreckage' or 'salvage' as applicable to the extent necessary to inform the transferee of the exact condition of the vehicle. A wrecked or salvaged out-of-state vehicle or South Carolina registered vehicle may not be registered in this State without this designation, and this designation must be applied to subsequent transfer of the vehicle." /
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Cotty Davenport Delleney Duncan Edge Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Huggins Jennings Keegan Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey 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 Rhoad Rice Sandifer Scarborough Scott Simrill Skelton D. C. Smith F. N. Smith G. M. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Walker Weeks White Wilkins Young
Those who voted in the negative are:
Coleman
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 15, which was adopted:
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.
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.
Rep. DELLENEY explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Barfield Battle Bingham Bowers Branham G. Brown Cato Ceips Clark Clemmons Coates Coleman Cooper Davenport Delleney Duncan Edge Freeman Frye Gilham Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman Hinson Huggins Jennings Keegan Kirsh Koon Leach Limehouse Littlejohn Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Scarborough Simrill Sinclair Skelton F. N. Smith G. M. Smith W. D. Smith Snow Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Young
Those who voted in the negative are:
Breeland R. Brown Cobb-Hunter J. Hines M. Hines Hosey Howard Lee Mack Moody-Lawrence J. H. Neal Rutherford Scott
So, the Bill was read the second time and ordered to third reading.
Rep. HARRISON moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to:
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), which was adopted:
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.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20596SD03), which was adopted:
Amend the bill, as and if amended, in Section 20-7-87 of the 1976 Code, as contained in SECTION 1, by striking beginning on line 38, page 1 / in the time of war /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.
Rep. SCOTT moved to adjourn debate on the Bill until Thursday, May 15, which was agreed to.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4007 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE THE DEFINITION OF "GENERAL SUPERVISION" AND TO DEFINE "AUTHORIZED"; BY ADDING SECTION 40-15-102 SO AS TO SPECIFY CERTAIN FUNCTIONS THAT A DENTAL HYGIENIST MAY ONLY PERFORM UNDER GENERAL SUPERVISION; AND TO AMEND SECTION 40-15-110, RELATING TO CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF CHAPTER 15, TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE PROVISIONS PERTAINING TO DENTAL HYGIENISTS PROVIDING SERVICES IN A PUBLIC HEALTH SETTING.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 36 (Word version) -- Senators Knotts, Moore, J. V. Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 43-33-20, RELATING TO RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO USE PUBLIC FACILITIES, SO AS TO PROVIDE A CROSS REFERENCE TO ARTICLE 15 OF TITLE 47 IN SECTION 43-33-20 PERTAINING TO THE RIGHTS OF PHYSICALLY DISABLED PERSONS.
Ordered for consideration tomorrow.
Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:
H. 4159 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3909 (Word version) -- Reps. Lucas and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.
Ordered for consideration tomorrow.
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 4209 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE RICHLAND NORTHEAST HIGH SCHOOL MODEL UNITED NATIONS TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE MODEL UNITED NATIONS TEAM FOR CAPTURING ITS FOURTEENTH CONSECUTIVE INTERNATIONAL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Richland Northeast High School Model United Nations Team at a date and time to be determined by the Speaker, to congratulate the Model United Nations Team for capturing its fourteenth international championship.
The Resolution was adopted.
The following was introduced:
H. 4210 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO MR. THOMAS JACOB FOSTER, FIRST BATTALION, DELTA COMPANY, CLASS OF 2005 AT THE CITADEL, FOR HIS VALIANT EFFORTS IN SAVING THE LIFE OF A FELLOW SOUTH CAROLINIAN AND UPON HIS BEING PROMOTED TO MASTER SERGEANT FOR THE NEXT ACADEMIC YEAR.
The Resolution was adopted.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4211 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE DREHER HIGH SCHOOL "DEVILS" GIRLS' TRACK AND FIELD TEAM AND THE TEAM'S COACH, DANIEL BROOKS, OF COLUMBIA, ON THURSDAY, MAY 22, 2003, AT 10:30 A.M., FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN CAPTURING THE 2003 CLASS AAA GIRLS' TRACK AND FIELD STATE 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 Dreher High School "Devils" Girls' Track and Field Team and the team's coach, Daniel Brooks, of Columbia, on Thursday, May 22, 2003, at 10:30 a.m., for the purpose of congratulating them on their collaborative efforts and hard work in capturing the 2003 Class AAA Girls' Track and Field State Championship Title.
The Resolution was adopted.
The following was introduced:
H. 4212 (Word version) -- Reps. McLeod, Bowers, Lloyd, R. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Branham, Breeland, G. Brown, J. 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, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF W. MULLINS MCLEOD OF WALTERBORO--ATTORNEY AT LAW, VIETNAM WAR VETERAN, AND PROMINENT PUBLIC OFFICIAL--UPON HIS DEATH.
Whereas, the members of the House of Representatives of the State of South Carolina wish to express their deepest sympathy and most sincere condolences to the family and friends upon the death of W. Mullins McLeod -- Attorney at Law, Walterboro City Prosecutor, Vietnam War Veteran, former District Administrator to Congressman Mendel J. Davis, and former Chairman of the South Carolina Public Railways Commission; and
Whereas, William Mullins McLeod was born on August 1, 1942, in Walterboro, South Carolina, and died on January 31, 2003, in Charleston. Funeral services were conducted on Sunday, February 2, at which time hundreds of friends and neighbors turned out to pay their respects at Walterboro's Bethel United Methodist Church followed by interment in Live Oak Cemetery. Honorary pallbearers were the Mayor of Walterboro, the six members of Walterboro City Council, and the Chief of Police and the Police Force of the City of Walterboro; and
Whereas, Mullins was the loving and devoted father of Maxine Walker McLeod Miller of Falls Church, Virginia, and W. Mullins McLeod, Jr., Esquire, of Charleston; and
Whereas, Mullins McLeod was the son of the late Walton J. McLeod, Jr., Esquire, and the late Rhoda Lane Brown McLeod. He attended Walterboro High School where he was named an All-State South Carolina high school football player, and he graduated from Bolles School in Jacksonville, Florida, where he was selected to the All-City and All-Florida high school football teams. He went on to play quarterback at Wofford College, from which he graduated in 1965. He graduated from the University of South Carolina Law School and was admitted to the South Carolina Bar in 1968; and
Whereas, Mullins McLeod, a Lieutenant in the United States Army from 1968 to 1970, was a veteran of hostile action while serving in the Vietnam War during 1969-1970 as an Intelligence Officer and as a Staff Judge Advocate with the 1st Field Force, Vietnam II Corps. He was awarded the Bronze Star, the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal. He later served in the United States Army Reserve as a Captain in the Judge Advocate General's Corps; and
Whereas, he entered law practice in Walterboro with the firm of McLeod, Fraser and Unger before serving ten years, from 1971 to 1981, as Administrative Assistant and District Administrator to United States Congressman Mendel J. Davis. He also practiced law in Charleston with Davis, Garrett and McLeod during 1981-1982; and with Garrett and McLeod from 1982 to 1986; and
Whereas, in 1987, McLeod relocated his law office to Walterboro where until his death he maintained a general practice focusing on workers compensation, social security, and negligence claims; and
Whereas, in 1989, W. Mullins McLeod was appointed as City Prosecutor for the City of Walterboro and served ably for more than thirteen years until his death; and
Whereas, in 1982, W. Mullins McLeod won the Democratic nomination for Congress for the First Congressional District seat, and in the November General Election, received forty-five percent of votes cast in the race against incumbent Congressman Thomas F. Hartnett, who received fifty-four percent, with a third party candidate receiving one percent of the votes. The certified election results were as follows: Hartnett - 63,894 votes; McLeod - 52,813 votes; Libertarian candidate -971 votes; and write-in votes - 9; and
Whereas, in 1985, W. Mullins McLeod was appointed a Commissioner of the South Carolina Public Railways Commission by Governor Richard W. Riley for a term of five years, with his appointment being confirmed by the State Senate on June 26, 1985; the mission of the Public Railways Commission is to maintain over sixty miles of railway track and operate four short line railroads: the Port Utilities Railroad serving the Charleston docks, the Port Terminal Railroad serving the North Charleston port, the East Cooper and Berkeley Railroad, and the Port Royal - Yemassee Railroad. Commissioner McLeod became knowledgeable about rail service, port services, and international trade, was an active participant in the American Short Line Railroad Association, and was elected Chairman of Public Railways Commission on October 18, 1990; he served as Chairman until his retirement from the Public Railways Commission on June 7, 1991, having served on the Commission for six years; and
Whereas, he was a member of the South Carolina Bar, the South Carolina Trial Lawyers Association, Kappa Alpha Order, Phi Delta Phi, American Legion, Reserve Officers Association, Hibernian Society of Charleston, Mayflower Society, and Huguenot Society; and he was a Mason and Shriner; and
Whereas, Mullins endeared himself to people with his friendly demeanor, the twinkle in his eye, his smile, and his wonderful sense of humor, all of which made him a person of unforgettable charm and warmth. He had a love and zest for life. Mullins loved people, and his life was devoted to helping people with their problems; and
Whereas, he was indeed a wonderful person who meant much to his city, county, state, and nation. The members of the House of Representatives wish to recognize the distinguished career and contributions of W. Mullins McLeod, Esquire, and to express their deepest sympathy and condolences to his daughter, son, family, and friends upon the loss of this prominent lawyer, public servant, and decorated Vietnam War veteran. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina hereby express their deepest sympathy to the family and many friends of W. Mullins McLeod of Walterboro -- Attorney at Law, Vietnam War Veteran, and prominent public official -- upon his death.
Be it further resolved that a copy of this resolution be presented to Maxine Walker McLeod Miller and to W. Mullins McLeod, Jr., Esquire.
The Resolution was adopted.
The following was introduced:
H. 4213 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE DREHER HIGH SCHOOL "DEVILS" OF COLUMBIA AND THEIR COACH, DANIEL BROOKS, ON WINNING THE 2003 CLASS AAA GIRLS' TRACK AND FIELD STATE 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 following was introduced:
H. 4214 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS CLUB AND THE CLUB'S SPONSOR-ADVISER, MS. LYNN WASHINGTON, ON WINNING A FOURTEENTH CONSECUTIVE FIRST PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4215 (Word version) -- Reps. Walker, W. D. Smith, Davenport, Littlejohn, Lee, Talley, Sinclair, Mahaffey and Anthony: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. JOSEPH E. HINES, JR., OF SPARTANBURG FOR HIS MANY YEARS OF SERVICE TO HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA, UPON RETIRING FROM HIS CURRENT POSITION AS DIRECTOR OF SPARTANBURG COUNTY OFFICE OF VOTER REGISTRATION AND ELECTIONS ON JUNE 16, 2003, AND TO WISH HIM MANY YEARS OF CONTINUED HAPPINESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4216 (Word version) -- Reps. Scott, 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, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. MERCY P. OWENS OF COLUMBIA FOR HER MANY YEARS OF SERVICE TO THE BANKING INDUSTRY IN THE STATE OF SOUTH CAROLINA, UPON RETIRING FROM HER CURRENT POSITION AS SENIOR VICE PRESIDENT OF SOUTH CAROLINA COMMUNITY
DEVELOPMENT OF WACHOVIA BANK, N.A., AND TO WISH HER MANY YEARS OF CONTINUED HAPPINESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4217 (Word version) -- Reps. Scott, 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, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO REVEREND JOHN C. WILLIAMS OF RICHLAND COUNTY ON THE OCCASION OF HIS SIXTY-FIFTH BIRTHDAY ON TUESDAY, MAY 13, 2003, AND WISHING HIM CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4218 (Word version) -- Rep. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-10-45 SO AS TO PROVIDE THAT IT IS A VIOLATION OF THE WAGE REQUIREMENTS OF THIS STATE FOR AN EMPLOYER TO PAY FEMALE EMPLOYEES LESS THAN MALE EMPLOYEES FOR COMPARABLE EMPLOYMENT IF THE FEMALE EMPLOYEES HAVE EQUIVALENT EXPERIENCE AND TRAINING; AND TO AMEND SECTION 41-10-80, AS AMENDED, RELATING TO CIVIL PENALTIES FOR VIOLATION OF CERTAIN WAGE AND HOURLY PROVISIONS SO AS TO REVISE SUCH PENALTIES AND INCLUDE SECTION 41-10-45 THEREIN.
Rep. MARTIN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. TRIPP objected.
Referred to Committee on Judiciary
H. 4219 (Word version) -- Reps. Snow, Kennedy, Battle, R. Brown, Cobb-Hunter and J. Hines: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, SO AS TO ADD SECTION 7A TO PERMIT PARI-MUTUEL WAGERING ON HORSE RACING TO BE CONDUCTED IN THE STATE OF SOUTH CAROLINA.
Referred to Committee on Judiciary
H. 4220 (Word version) -- Reps. Clemmons, Barfield, Keegan, Viers and Witherspoon: A BILL TO ALLOW THE GOVERNING BODY OF HORRY COUNTY BY ORDINANCE TO REQUIRE THE LISTING OF STRUCTURAL IMPROVEMENTS AND ANY RESULTING CHANGES IN USE FOR REAL PROPERTY WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, AND TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED AFTER JUNE 30 OF THE PROPERTY TAX YEAR DUE AND PAYABLE WHEN TAXES ARE DUE AND PAYABLE ON THE PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.
On motion of Rep. VIERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4221 (Word version) -- Reps. R. Brown, Whipper, Breeland, Mack and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-195 SO AS TO REQUIRE ALL ELECTIONS CONDUCTED AFTER 2004 FOR COUNTY BOARDS OF EDUCATION AND SCHOOL DISTRICT BOARDS OF TRUSTEES TO BE NONPARTISAN ELECTIONS AND TO PROVIDE FOR SUCH ELECTIONS WHERE NONPARTISAN ELECTIONS ARE NOT OTHERWISE REQUIRED BY LAW TO FILL THESE OFFICES.
Referred to Committee on Judiciary
S. 691 (Word version) -- Senator Hayes: A JOINT RESOLUTION AUTHORIZING THE BOARD OF TRUSTEES OF ALL YORK COUNTY SCHOOL DISTRICTS TO IMPOSE AN ADDITIONAL PROPERTY TAX NOT TO EXCEED FOUR MILLS FOR FISCAL YEAR 2003-2004.
Referred to York Delegation
Rep. CLYBURN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4186 (Word version) -- Reps. Sheheen, Clyburn, McLeod, J. E. Smith, G. Brown, Clark, Cobb-Hunter, Coleman, Edge, Emory, Freeman, Gourdine, Harrison, Hayes, Howard, Kennedy, Lourie, Lucas, Merrill, J. M. Neal, Ott, Parks, Rivers, Sinclair, G. M. Smith, Snow and Taylor: A CONCURRENT RESOLUTION TO WELCOME THE BROWN VS. BOARD OF EDUCATION COMMISSION AND ITS STAFF TO SOUTH CAROLINA ON ITS VISIT TO OUR STATE IN JUNE 2003 IN CONNECTION WITH THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THIS LANDMARK UNITED STATES SUPREME COURT DECISION.
H. 4189 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO REMEMBER AND COMMEND THE HEROIC ACTS OF CONGRESSIONAL MEDAL OF HONOR RECIPIENT SERGEANT FIRST CLASS WEBSTER ANDERSON OF FAIRFIELD COUNTY WHO RISKED HIS LIFE ABOVE AND BEYOND THE CALL OF DUTY TO DEFEND HIS COUNTRY IN THE HIGHEST TRADITION OF MILITARY SERVICE.
At 12:45 p.m. the House, in accordance with the motion of Rep. MARTIN, adjourned in memory of Matt Chamblee of Anderson, to meet at 10:00 a.m. tomorrow.
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