Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 138:8: "The Lord will fulfill His purpose for me; Your love, O Lord endures forever."
Let us pray. O God, You wonderfully created and yet more wonderfully restored the dignity of human nature. Be present with this body to guide them in providing the resources for the people of this great State. Bless Your servant, Joel Lourie. Comfort his family in this time of sorrow. Give to our leaders the courage and wisdom to do Your will. Bless this nation, our President and those in command. Protect those in harm's way. Give us peace with honor. Hear our prayer. 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. KIRSH moved that when the House adjourns, it adjourn in memory of Doris Jean "Dot" Biggers of Clover, which was agreed to.
The House stood in silent prayer for the family of Representative Lourie in the death of his father, former Senator Isadore Lourie.
The following was received:
Columbia, S.C., April 23, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.41, S. 501 by a vote of 46-0.
Very respectfully,
President
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
April 22, 2003
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 501 (Word version), R. 41, a Joint Resolution:
TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER
This veto is based upon my belief that S. 501, R. 41 is unconstitutional.
Though well-intentioned as it might be, S. 501, R. 41 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement, and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like S. 501, R. 41 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of S. 501, R. 41 renders this Act unconstitutional. For this reason, I am returning S. 501, R. 41 to you without my signature.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R41) S. 501 (Word version) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Coleman Delleney McCraw
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., April 23, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 40, S. 454 by a vote of 46-0.
(R40) S. 454 (Word version) -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO
Very respectfully,
President
Received as information
The SPEAKER ordered the following veto printed in the Journal:
April 22, 2003
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 454 (Word version), R. 40, a Joint Resolution:
TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
This veto is based upon my belief that S. 454, R. 40 is unconstitutional.
Though well-intentioned as it might be, S. 454, R. 40 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R40) S. 454 (Word version) -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Delleney Emory Kirsh McCraw Moody-Lawrence Simrill
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 564 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND HUNTING METHODS OF WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, SECTION 12, ACT 176 OF 1977.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3839 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3950 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS PERMITTING AND LICENSING AUTHORITY FOR AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE FOR REGULATION OF AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, RELATING TO COMMERCIAL FRESHWATER FISHING LICENSE REQUIRED WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4056 (Word version) -- Reps. Harrison and W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ONE OF SOUTH CAROLINA'S FINEST GOLFERS, DAVID DUPRE OF COLUMBIA, FOR HIS OUTSTANDING AMATEUR GOLFING CAREER AND TO DECLARE THURSDAY, APRIL 24, 2003, AS "DAVID DUPRE DAY" IN HIS HONOR.
Whereas, David DuPre of Columbia is one of South Carolina's most renowned golfers, amateur or professional; and
Whereas, his distinguished career includes four South Carolina amateur titles and two Columbia City Championship titles as well as course records at several challenging courses; and
Whereas, at every level of competition, he has been a winner. He led A. C. Flora High School to back-to-back State golf titles during 1969-71, then played No. 1 for the University of South Carolina, winning the 1974 South Carolina Intercollegiate Championship. Besides the city and State championships, he won the 1973 South Carolina Open, played in the 1982 U.S. Open at Pebble Beach, and the 1982 Heritage at Hilton Head, and was ranked in 1985 by Golf Digest as one of the State's top three all-time players; and
Whereas, some of his best play came in team competition. He played in seven Palmetto Cup matches, four Carolinas-Virginia matches, and won multiple Carolinas, Hall of Fame, and South Carolina Four-Ball titles; and
Whereas, David DuPre will celebrate his fiftieth birthday on April 24, 2003; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize him for his many accomplishments on the occasion of his fiftieth birthday and honor him by declaring April 24, 2003, as "David DuPre Day". Now, therefore,
That the members of the General Assembly recognize and congratulate one of South Carolina's finest golfers, David DuPre of Columbia, for his outstanding amateur golfing career and declare Thursday, April 24, 2003, as "David DuPre Day" in his honor.
Be it further resolved that a copy of this resolution be forwarded to David DuPre.
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. 4057 (Word version) -- Reps. J. H. Neal, Govan, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Hosey, Howard, Littlejohn, Lloyd, Mack, Moody-Lawrence, Parks, Rivers and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 35, TITLE 41 SO AS TO PROVIDE FOR AN ALTERNATIVE BASE PERIOD FOR CERTAIN CLAIMANTS OF BENEFITS UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, TO DEFINE "ALTERNATIVE BASE PERIOD", AND TO FURTHER PROVIDE THAT, WHEN CERTAIN INFORMATION IS NOT AVAILABLE, THE COMMISSION MAY BASE THE DETERMINATION FOR ELIGIBILITY FOR UNEMPLOYMENT INSURANCE BENEFITS ON THE AFFIDAVIT OF A CLAIMANT WITH RESPECT TO WEEKS AND WAGES FOR CERTAIN CALENDAR QUARTERS.
Referred to Committee on Labor, Commerce and Industry
H. 4058 (Word version) -- Reps. J. H. Neal, Loftis, Clyburn, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, J. Hines, Hosey, Howard, Mack, Moody-Lawrence, J. E. Smith and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 7, TITLE 6 SO AS TO ENACT THE SOUTH CAROLINA INCLUSIONARY ZONING ACT TO PROVIDE THAT COUNTIES AND MUNICIPALITIES ARE
H. 4059 (Word version) -- Reps. J. H. Neal, Hosey, Govan, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, J. Hines, Howard, Mack and Moody-Lawrence: A BILL TO AMEND SECTION 11-35-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY BONDING REQUIREMENTS FOR BIDDERS ON A PUBLIC PROCUREMENT CONTRACT, SO AS TO DEFINE "HISTORICALLY UNDERUTILIZED BUSINESS", TO PROVIDE THAT THE GENERAL SERVICES DIVISION OF THE STATE BUDGET AND CONTROL BOARD ESTABLISH A PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO A HUB SEEKING A SURETY BOND, AND TO PROVIDE THAT THE DIVISION MAY CONTRACT FOR THE IMPLEMENTATION OF THE PROGRAM.
Referred to Committee on Ways and Means
H. 4060 (Word version) -- Reps. J. H. Neal, Clyburn, Govan, Breeland, J. Brown, R. Brown, Cobb-Hunter, Hosey, Howard, Mack, Moody-Lawrence and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-220 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A SELF-SUFFICIENCY STANDARD FOR USE BY STATE AGENCIES TO ASSIST INDIVIDUALS IN ESTABLISHING PERSONAL FINANCIAL GOALS AND ESTIMATING THE AMOUNT OF INCOME NEEDED TO SUPPORT THEIR FAMILIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4061 (Word version) -- Reps. J. H. Neal, J. E. Smith, Clyburn, McLeod, Govan, Breeland, J. Brown, Cobb-Hunter, Hosey, Howard, Mack, Moody-Lawrence and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-1780 SO AS TO ENACT THE "MICROENTERPRISE DEVELOPMENT ACT" AND TO PROVIDE THAT THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ESTABLISH A MATCHING GRANT PROGRAM TO OFFER TECHNICAL ASSISTANCE AND CAPACITY BUILDING TO ORGANIZATIONS QUALIFIED TO PROVIDE SERVICES TO LOW-INCOME MICROENTERPRISES, TO DEFINE TERMS, TO ESTABLISH GUIDELINES FOR
H. 4062 (Word version) -- Reps. J. H. Neal, J. E. Smith, Govan, Breeland, G. Brown, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Emory, J. Hines, Hosey, Howard, Lloyd, Mack, Rivers, Snow and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 23 SO AS TO DEFINE MINORITY GROUP, PROVIDE FOR THE COLLECTION AND COMPILATION OF CERTAIN INFORMATION GATHERED BY A LAW ENFORCEMENT OFFICER TO DETERMINE WHETHER TRAFFIC AND PEDESTRIAN STOPS HE MAKES ARE RACE-BASED, TO PROVIDE THAT EACH LAW ENFORCEMENT AGENCY SHALL ADOPT A POLICY TO DISCOURAGE RACE-BASED TRAFFIC AND PEDESTRIAN STOPS, TO PROVIDE THAT THE GOVERNOR MAY WITHHOLD STATE FUNDS FROM A LAW ENFORCEMENT AGENCY WHICH FAILS TO COMPLY WITH THE PROVISIONS CONTAINED IN THIS CHAPTER, TO ALLOW A LAW ENFORCEMENT AGENCY TO USE CERTAIN FEDERAL FUNDS TO EQUIP ITS VEHICLES WITH VIDEO EQUIPMENT TO RECORD TRAFFIC AND PEDESTRIAN STOPS, AND TO ALLOW LOCAL GOVERNMENTS TO ESTABLISH CIVILIAN REVIEW BOARDS OR USE EXISTING REVIEW BOARDS TO INVESTIGATE ALLEGATIONS OF MISCONDUCT BY LOCAL LAW ENFORCEMENT OFFICERS.
Referred to Committee on Judiciary
H. 4063 (Word version) -- Reps. J. H. Neal, Breeland, J. Brown, Clyburn, Cobb-Hunter, Hosey, Howard, Mack and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-5 SO AS TO PROVIDE THAT THE STATE, A COUNTY, OR A MUNICIPALITY WITHIN THIS STATE MAY NOT AUTHORIZE THE CONSTRUCTION OR ESTABLISHMENT OF A PRIVATE CORRECTIONAL FACILITY IN THIS STATE OR CONTRACT WITH A PRIVATE CONTRACTOR OR PRIVATE VENDOR FOR THE PROVISION OF SERVICES RELATED TO THE OPERATION OF AN ADULT OR JUVENILE CORRECTIONAL FACILITY IN THIS STATE, AND TO
H. 4064 (Word version) -- Reps. J. H. Neal, Breeland, G. Brown, J. Brown, Clyburn, Cobb-Hunter, Hosey, Mack and Snow: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF SUFFRAGE, BY ADDING SECTION 12 SO AS TO AUTHORIZE A PROCEDURE BY WHICH A CANDIDATE FOR ELECTIVE OFFICE MAY FINANCE HIS CAMPAIGN WITH PUBLIC FUNDS AS THE GENERAL ASSEMBLY MAY DETERMINE.
Referred to Committee on Judiciary
H. 4065 (Word version) -- Reps. J. H. Neal, Weeks, Breeland, G. Brown, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Hosey, Howard, Mack and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 3, TITLE 24 SO AS TO ENACT THE DEATH PENALTY MORATORIUM ACT, CREATE THE COMMISSION ON THE DEATH PENALTY, PROVIDE FOR ITS MEMBERS, THEIR APPOINTMENT, POWERS AND DUTIES, AND PROVIDE THAT THE STATE SHALL NOT CARRY OUT A SENTENCE OF DEATH IMPOSED UNDER STATE LAW UNTIL THE GENERAL ASSEMBLY CONSIDERS THE FINAL FINDINGS AND RECOMMENDATIONS OF THE COMMISSION ON THE DEATH PENALTY IN THE REPORT SUBMITTED UNDER THIS ARTICLE, AND ENACTS LEGISLATION REPEALING THIS ARTICLE AND IMPLEMENTING OR REJECTING THE GUIDELINES AND PROCEDURES RECOMMENDED BY THE COMMISSION.
Referred to Committee on Judiciary
H. 4066 (Word version) -- Reps. J. H. Neal, Hosey, Govan, Breeland, G. Brown, J. Brown, Clyburn, Cobb-Hunter, J. Hines, Lloyd, Mack, Snow and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE "SOUTH CAROLINA CLEAN ELECTIONS ACT", TO PROVIDE A PROCEDURE BY WHICH CERTAIN
H. 4067 (Word version) -- Reps. J. H. Neal, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, J. Hines, Hosey, Howard, Mack, Moody-Lawrence and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 4 TO ARTICLE 1, CHAPTER 35, TITLE 11 SO AS TO ENACT THE SOUTH CAROLINA LIVING WAGE ACT, PROVIDE THAT A STATE CONTRACT FOR SERVICES MUST REQUIRE STATE CONTRACTORS TO PAY AN HOURLY WAGE RATE THAT IS AT LEAST THE LIVING WAGE, PROVIDE FOR THE AMOUNT OF THE INITIAL LIVING WAGE WITH AND WITHOUT INSURANCE BENEFITS, PROVIDE FOR WAIVERS OF THE REQUIREMENT OF PAYING A LIVING WAGE BASED ON ECONOMIC HARDSHIP, AND PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS SUBARTICLE.
Referred to Committee on Labor, Commerce and Industry
H. 4068 (Word version) -- Reps. J. H. Neal, Breeland, J. Brown, R. Brown, Cobb-Hunter, Hosey, Howard, Mack and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 23 SO AS TO ENACT THE "INNOCENCE PROTECTION ACT" AND TO PROVIDE THAT A PERSON IN CUSTODY AFTER CONVICTION MAY APPLY TO THE COURT FOR CERTAIN FORENSIC DNA TESTING, TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF A COURT UPON RECEIPT OF AN APPLICATION FOR DNA TESTING, AND TO PROVIDE FOR PRESERVATION OF BIOLOGICAL MATERIAL SECURED IN CONNECTION WITH A CRIMINAL CASE FOR SO LONG AS THE MATERIAL MAY HAVE PROBATIVE VALUE AS EVIDENCE.
Referred to Committee on Judiciary
H. 4070 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC LIFE PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4071 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Cotty, Harrell, Quinn, Cato, Young, Altman, Bailey, Battle, Ceips, Chellis, Davenport, Edge, Frye, Hagood, Haskins, Herbkersman, Hinson, Huggins, Keegan, Kirsh, Leach, Littlejohn, McCraw, McGee, Merrill, E. H. Pitts, Rice, Scarborough, Skelton, D. C. Smith, G. M. Smith, J. R. Smith, Stille, Umphlett and Walker: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL, SECRETARY OF STATE, SUPERINTENDENT OF EDUCATION, AND TREASURER FROM THE LIST OF STATE OFFICERS WHICH
S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR
S. 182 (Word version) -- Senators McConnell, Drummond and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 TO TITLE 54 ENACTING THE "SOUTH CAROLINA MARITIME SECURITY ACT", BY CREATING THE SOUTH CAROLINA MARITIME SECURITY COMMISSION, BY PROVIDING FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RESPONSIBILITIES, AND BY PROVIDING THAT THE SOUTH CAROLINA NAVAL MILITIA MUST BE AN ORGANIZED, STRUCTURED, TRAINED, AND CERTIFIED VOLUNTEER STATE MARITIME FORCE.
Referred to Committee on Judiciary
S. 407 (Word version) -- Senators Richardson, Hutto and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
Referred to Committee on Judiciary
S. 500 (Word version) -- Senators McConnell, Ford and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE THAT CHILDREN'S ADVOCACY CENTER RECORDS ARE CONFIDENTIAL.
Referred to Committee on Judiciary
S. 575 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND COMPOSING OF JURIES IN MAGISTRATES COURTS, SINGLE TRIALS, TRIAL TERMS, AND PEREMPTORY CHALLENGES, SO
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
Delleney Duncan Edge Emory Freeman Frye Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Lloyd Loftis 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 Rivers 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 Taylor Thompson Toole Townsend Trotter Umphlett Vaughn Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, April 24.
Karl Allen Ralph Davenport Becky Martin Lanny Littlejohn Daniel Tripp Brenda Lee Douglas Jennings Richard Quinn David Weeks Alex Harvin
The SPEAKER granted Rep. LOURIE a leave of absence for the day due to the death of his father.
The SPEAKER granted Rep. GILHAM a leave of absence for the day due to illness.
Announcement was made that Dr. Charles Thomas of Greenville is the Doctor of the Day for the General Assembly.
Reps. FREEMAN, HAYES, JENNINGS, LUCAS and NEILSON presented to the House the Cheraw High School "Braves" Wrestling Team, the 2003 Class AA-A State Duals Champions, their coach, and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3426 (Word version)
Date: ADD:
04/24/03 BALES
Bill Number: H. 3705 (Word version)
Date: ADD:
04/24/03 HAMILTON
Bill Number: H. 3040 (Word version)
Date: ADD:
04/24/03 COLEMAN
Bill Number: H. 3864 (Word version)
Date: ADD:
04/24/03 E. H. PITTS
Bill Number: H. 3586 (Word version)
Date: ADD:
04/24/03 LEACH
Bill Number: H. 3482 (Word version)
Date: ADD:
04/24/03 BAILEY
Bill Number: H. 3482 (Word version)
Date: ADD:
04/24/03 HINSON
Bill Number: H. 3482 (Word version)
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04/24/03 RICE
Bill Number: H. 3482 (Word version)
Date: ADD:
04/24/03 CATO
Bill Number: H. 3482 (Word version)
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04/24/03 YOUNG
Bill Number: H. 3482 (Word version)
Date: ADD:
04/24/03 HAGOOD
Bill Number: H. 3482 (Word version)
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04/24/03 CEIPS
Bill Number: H. 3482 (Word version)
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04/24/03 ALTMAN
Bill Number: H. 3482 (Word version)
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04/24/03 MERRILL
Bill Number: H. 3482 (Word version)
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04/24/03 SCARBOROUGH
Bill Number: H. 3482 (Word version)
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04/24/03 OTT
Bill Number: H. 4048 (Word version)
Date: ADD:
04/24/03 MERRILL
Bill Number: H. 4048 (Word version)
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04/24/03 G. M. SMITH
Bill Number: H. 4048 (Word version)
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04/24/03 CHELLIS
Bill Number: H. 4048 (Word version)
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04/24/03 BINGHAM
Bill Number: H. 4048 (Word version)
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04/24/03 BOWERS
Bill Number: H. 4048 (Word version)
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04/24/03 HERBKERSMAN
Bill Number: H. 4048 (Word version)
Date: ADD:
04/24/03 LITTLEJOHN
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4015 (Word version) -- Rep. M. A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS IN WARE SHOALS SCHOOL DISTRICT 51 IN GREENWOOD COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT
H. 3531 (Word version) -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
H. 3369 (Word version) -- Reps. Sandifer, Harrell, Witherspoon, Cotty, Young, Neilson and Bales: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION.
H. 3052 (Word version) -- Reps. Harrison, Simrill, Vaughn, Hinson, W. D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN A SENTENCE FOR A VIOLATION OF THE PROVISIONS THAT PROHIBIT LITTERING INCLUDES LITTER-GATHERING LABOR IN ADDITION TO A FINE OR IMPRISONMENT, THE LITTER-GATHERING PORTION OF THE SENTENCE IS MANDATORY AND MUST NOT BE SUSPENDED NOR PROBATION GRANTED IN LIEU OF THE LITTER-GATHERING REQUIREMENT EXCEPT FOR A PERSON'S PHYSICAL OR OTHER INCAPACITIES.
H. 3994 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY AND BUSINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3996 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2797, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3151 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 62-5-433, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTIONAL AMOUNTS IN CLAIMS FOR AND AGAINST MINORS AND INCAPACITATED PERSONS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT BELOW WHICH THESE CLAIMS MAY BE HEARD IN PROBATE COURT FROM TWENTY-FIVE THOUSAND TO THIRTY-FIVE THOUSAND DOLLARS.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 203 (Word version) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney and Kuhn: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 360 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.
The following Bill was taken up:
H. 3741 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEES GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT EMPLOYEES IN A CHIEF OF STAFF OR EQUIVALENT POSITION, THOSE EMPLOYEES AS DETERMINED BY THE OFFICE OF HUMAN RESOURCES OF THE BUDGET AND CONTROL BOARD TO BE WITHIN TWO MANAGERIAL LEVELS OF EITHER THE AGENCY HEAD OR THE CHIEF OF STAFF OR EQUIVALENT POSITION, AND ANY EMPLOYEES EARNING AN ANNUAL EQUIVALENT SALARY IN EXCESS OF EIGHTY THOUSAND DOLLARS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PROCEDURE TO ADJUST THE EIGHTY THOUSAND DOLLAR FIGURE REFERENCED ABOVE EVERY FOUR YEARS.
"( ) employees of the Offices of the Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of Agriculture are exempt from the provisions of Article 5, Chapter 17, Title 8 if those employees report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer. Additionally, management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and Tourism, the Department of Probation, Parole and Pardon Services, the Department of Revenue, the Department of Social Services, the State Law Enforcement Division, and the Department of Public Safety are exempt from the provisions of Article 5, Chapter 17, Title 8 if those employees report directly to the agency head or report directly to a person who reports directly to the agency head." /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20502SD03), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 8-17-370 of the 1976 Code, as last amended by Act 177 of 1993, is further amended by adding a new item appropriately numbered to read:
"( ) Employees determined by the Office of Human Resources of the Budget and Control Board to be within two managerial levels of the agency head or equivalent position." /
Amend further, as and if amended, by striking the title and inserting:
/TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEES GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT EMPLOYEES DETERMINED BY THE OFFICE OF HUMAN RESOURCES OF THE BUDGET AND CONTROL BOARD TO BE WITHIN TWO MANAGERIAL LEVELS OF THE AGENCY HEAD OR EQUIVALENT POSITION. /
Renumber sections to conform.
Rep. COOPER moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 3741 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3475 (Word version) -- Reps. F. N. Smith and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO REQUIRE ALL COUNTIES TO RECOGNIZE MARTIN LUTHER KING, JR., DAY AS A COUNTY HOLIDAY.
Rep. F. N. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.
Rep. COLEMAN proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3468DW03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 22-2-50 of the 1976 Code is amended to read:
"Section 22-2-50. In October of each year, the State Election Commission shall annually provide the chief magistrate for administration of each county, at no cost, a precinct-by-precinct list of qualified electors residing within the county jury list compiled in the same manner and in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county shall use such these lists in preparing, for each jury area, a list of the qualified electors therein in these jury areas and shall forward these lists to the respective magistrates.
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3867 (Word version) be read the third time tomorrow.
The SPEAKER granted Rep. MCLEOD a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20528SD03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 61-4-520(9) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(9) Notice has been given by displaying a sign for fifteen days two signs at the site of the proposed business. Notice is deemed effective fifteen days after the initial posting of the signs. The sign signs must:
(a) state the type of permit sought;
(b) state where an interested person may protest the application;
(c) be in bold type;
(d) cover a space at least eleven twelve inches wide and eight and one-half eighteen inches high;
(e) be posted and removed by an agent of the division; and
(f) be posted by placing one sign at the location and the other sign on the main thoroughfare nearest the location."
SECTION 2. Section 61-6-180(B) of the 1976 Code, as last amended by Act 304 of 2000, is further amended to read:
"(B) Notice also must be given by displaying a sign for fifteen days two signs at the site of the proposed business. Notice is deemed effective fifteen days after the initial posting of the signs. The sign signs must:
(1) state the type of license sought;
(2) state where an interested person may protest the application;
(3) be in bold type;
(4) cover a space at least twelve inches wide and eighteen inches high; and
(5) be posted and removed by an agent of the division; and
(6) be posted by placing one sign at the location and the other on the main thoroughfare nearest the location.
The provision of this section requiring publication of notice do not apply to a person licensed under the provisions of this article or Article 7 of this chapter when the licensee applies to the department for a renewal of his license to engage in the same business at the same location."
SECTION 3. This act takes effect on the first day of the third month after approval by the Governor. /
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.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3223 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3426 (Word version) -- Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson, Clark and Bales: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22089HTC03), which was adopted:
Amend the bill, as and if amended, by striking Sections 2 and 3, beginning on page 2, and inserting:
/ SECTION 2. Section 1-31-40. (A) The commission shall:
(1) provide the minority community consisting of African Americans, Native American Indians, Hispanics/Latinos, Asians, and others with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;
(2) work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;
(3) provide for publication of a statewide statistical abstract on minority affairs;
(4) provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes;
(5) provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well as other related areas of concern to the minority community.;
(6) determine, approve, and acknowledge by certification state recognition for Native American Indian entities;
(7) establish advisory committees representative of minority groups, as it considers appropriate to advise the board;
(8) act as liaison with the business community to provide programs and opportunities to fulfill its duties under this chapter;
(9) seek federal and other funding on behalf of the State of South Carolina for the express purpose of implementing various programs and services for African Americans, Native American Indians, Hispanics/Latinos, and other minority groups;
(10) promulgate regulations as may be necessary to carry out the provisions of this article including, but not limited to, regulations regarding State Recognition of Native American Indian entities in the State of South Carolina; and
(11) perform other duties necessary to implement programs.
(B) The commission may delegate these powers and duties as necessary.
SECTION 3. Of the two members added to the Commission for Minority Affairs by the amendment to Section 1-31-10 of the 1976 Code, as contained in this act, one must be appointed for an initial term of two years which must be noted on the appointment and until his successor is appointed and qualifies. Thereafter, that commissioner shall serve for the term provided by law.
SECTION 4. This act takes effect upon approval by the Governor. /
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.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3426 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3777 (Word version) -- Reps. Scott, Harrison, Simrill, J. E. Smith, J. H. Neal, Bales, Cotty, Govan, McLeod, Parks, Hosey, Duncan, Rutherford, Taylor, Whipper, Allen, Altman, Anthony, Bailey, Barfield, Battle, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Mahaffey, Martin, McGee, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Perry, E. H. Pitts, Quinn, Rhoad, Rice, Sheheen, Richardson, Rivers, Scarborough, Sinclair, D. C. Smith, F. N. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, Weeks, Wilkins and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650 RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
Rep. G. M. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3769 (Word version) -- Reps. Stewart, Clark, Clyburn, Harrison, Perry, D. C. Smith and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-493 SO AS TO PROVIDE THAT A PERSON EMPLOYED AS A LAW ENFORCEMENT OFFICER WITH THE SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT MAY ATTEND AND BE TRAINED AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
Rep. LITTLEJOHN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3919 (Word version) -- Reps. Kirsh and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-100 SO AS TO PROVIDE THAT A TAX CREDIT ADMINISTERED BY THE DEPARTMENT OF REVENUE IS USEABLE IN THE YEAR IT IS GENERATED AND IS NONREFUNDABLE; TO AMEND SECTION 12-2-20, RELATING TO THE DEFINITION OF "PERSON" FOR TAXATION PURPOSES, SO AS TO PROVIDE THAT THE DEFINITION APPLIES NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-2-25, AS AMENDED, RELATING TO DEFINITIONS PERTAINING
Rep. LITTLEJOHN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3986 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO CLARIFY ON WHICH BASIS THE AMOUNT OF THE PRIZE IS CALCULATED AND PROVIDE FOR THE REGULATION OF PROMOTIONS CONDUCTED DURING A
Rep. HAYES made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3962 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4215 AND 12-21-4217 SO AS TO PROVIDE AN APPLICATION PROCEDURE FOR THE MANUFACTURING OR DISTRIBUTION OF BINGO TICKETS AND ELECTRONIC DEVICES; TO AMEND SECTION 12-21-4060, RELATING TO THE PROHIBITION OF ALLOWING A PERSON CONVICTED OF CERTAIN CRIMES FROM MANAGING OR CONDUCTING A BINGO GAME, SO AS TO CHANGE THE CRIMES A PERSON MUST HAVE PLED GUILTY OR NOLO CONTENDERE TO A STATE OR FEDERAL CRIMINAL OFFENSE IN ORDER TO DISQUALIFY HIM FROM MANAGING OR CONDUCTING A BINGO GAME; TO AMEND SECTION 12-21-4160, RELATING TO THE INSPECTION OF BOOKS, PAPERS, RECORDS, MEMORANDA, OR OTHER THINGS BEARING UPON THE AMOUNT OF TAXES OR FEE WHICH ARE PAYABLE, SO AS TO PROHIBIT A BINGO CARD OR BINGO TICKET FROM BEING IN THE POSSESSION OF A DISTRIBUTOR, NONPROFIT ORGANIZATION, OR PROMOTER WITHOUT BEING AUTHORIZED BY THE DEPARTMENT AND DOES NOT BEAR THE SOUTH CAROLINA STATE SEAL AND DENOMINATION OF VALUE, AND PROVIDE PENALTIES FOR VIOLATION; AND TO AMEND SECTION 12-21-4260, RELATING TO THE BACKGROUND INVESTIGATION SUBMITTED BY A BINGO MANUFACTURER, DISTRIBUTOR, ORGANIZATION,
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4008 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-11-40, AS AMENDED RELATING TO APPLICATIONS TO BECOME A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR WHAT CONSTITUTES "EARNED SERVICE" AND "EARNABLE COMPENSATION" FOR PURPOSES OF BENEFIT ELIGIBILITY; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE OF MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE HOW AN ACTIVE MEMBER MAY ESTABLISH SERVICE CREDIT FOR SERVICE UNDER OTHER SPECIFIED RETIREMENT PROGRAMS; TO AMEND SECTION 9-20-10, AS AMENDED,
Rep. HARRELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3291 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION AND TO REQUIRE THE QUESTION TO BE CERTIFIED AT LEAST FORTY-FIVE DAYS BEFORE THE DATE OF THE GENERAL ELECTION.
Rep. MCGEE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3903 (Word version) -- Reps. Limehouse, Rutherford, Vaughn, Whipper, Scott, J. Brown, Cato, Edge, Hagood, Hamilton, Haskins, Leach, Sheheen, J. E. Smith, J. R. Smith, W. D. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4006 (Word version) -- Reps. Harrell, Limehouse, Scarborough, Altman, Hagood, Merrill, Breeland, Whipper, R. Brown, Young, Hinson, Miller and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-425 SO AS TO PROVIDE THAT TRIDENT TECHNICAL COLLEGE IS AUTHORIZED TO ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM, AND TO PROVIDE FOR THE MANNER
Rep. MCGEE explained the Bill.
H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT "THE COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
Rep. HARRELL explained the Bill.
H. 3079 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2001 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO PROPERTY TAXES ON WATERCRAFT AND MOTORS ANDAPPLICABLE ONLY FOR LEXINGTON COUNTY WITH SIMILAR PROVISIONS.
Rep. COOPER explained the Bill.
Rep. COTTY explained the Bill.
S. 497 (Word version) -- Senators Hayes, Peeler and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO AN AMOUNT NOT LESS THAN FOUR PERCENT OF THE FAIR-MARKET VALUE OF THE AIRCRAFT.
Rep. COTTY explained the Bill.
H. 3705 (Word version) -- Reps. Vaughn, Haskins, Hosey, Bailey, Hayes, Barfield, Cato, Ceips, Davenport, Frye, Herbkersman, J. Hines, Hinson, Koon, Leach, Limehouse, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Rice, Rivers, Simrill, Hamilton, J. R. Smith, W. D. Smith, Snow, Stille, Tripp and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS, AND TO DEFINE CERTAIN TERMS.
Rep. VAUGHN explained the Bill.
Rep. LUCAS explained the Joint Resolution.
On motion of Rep. MCGEE, with unanimous consent, it was ordered that H. 4006 (Word version) be read the third time tomorrow.
On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 4016 (Word version) be read the third time tomorrow.
On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 3079 (Word version) be read the third time tomorrow.
On motion of Rep. COTTY, with unanimous consent, it was ordered that S. 463 (Word version) be read the third time tomorrow.
On motion of Rep. SIMRILL, with unanimous consent, it was ordered that S. 497 (Word version) be read the third time tomorrow.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3705 (Word version) be read the third time tomorrow.
On motion of Rep. LUCAS, with unanimous consent, it was ordered that S. 479 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3737 (Word version) -- Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE LICENSE PLATE WAS CONFISCATED THAT CONTAINS HIS NAME AND LAW ENFORCEMENT AGENCY, THE DATE THE LICENSE PLATE WAS CONFISCATED, THE REASON IT WAS CONFISCATED, AND THE LOCATION WHERE THE LICENSE PLATE IS STORED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5395CM03), which was adopted:
Amend the bill, as and if amended, Section 56-10-45(D), in SECTION 1, page 2, by striking lines 20 and 21 and inserting / the date the license plate was confiscated, and the reason it was confiscated. /
When amended Section 56-10-45 shall read:
/(D) When a law enforcement officer confiscates a license plate, he shall leave notice at the location where the license plate was confiscated that contains his name and law enforcement agency, the date the license plate was confiscated, and the reason it was confiscated. /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that H. 3737 (Word version) be read the third time tomorrow.
Reps. G. BROWN, MCGEE, COOPER, BALES, CLEMMONS, CLYBURN and SCOTT withdrew their requests for debate on the following Bill:
H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W. D. Smith, Viers, Herbkersman, M. A. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D. C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G. M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J. R. Smith, Rhoad, Anthony, Freeman, Scarborough, J. E. Smith, Loftis, Coates, Rivers, Ott, J. H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport, Gilham, Thompson, McLeod and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.
On motion of Rep. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
H. 3045 (Word version) -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-
Rep. LLOYD, with unanimous consent, withdrew his request for debate on the following Bill:
H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W. D. Smith, Viers, Herbkersman, M. A. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D. C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G. M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J. R. Smith, Rhoad, Anthony, Freeman, Scarborough, J. E. Smith, Loftis, Coates, Rivers, Ott, J. H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport, Gilham, Thompson, McLeod and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.
The Veto on the following Act was taken up:
(R56) H. 3794 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Hayes
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R55) H. 3670 (Word version) -- Reps. Lucas, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
J. Hines Lucas Neilson
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R43) H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT ALL PERSONS HUNTING DEER MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE OR AT LEAST FORTY PERCENT VISIBLE INTERNATIONAL ORANGE, AND TO PROVIDE EXCEPTIONS.
Rep. WITHERSPOON moved to adjourn debate on the Veto until Wednesday, May 28, which was agreed to.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3397 (Word version) -- Reps. Walker, Lourie and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-80 SO AS TO ENCOURAGE TEXTBOOK PUBLISHERS TO PROVIDE COMPACT DISC COPIES OF THE TEXTBOOK OR AN EXTRA COPY OF THE TEXTBOOK FOR USE AT HOME FOR EACH MIDDLE AND SECONDARY SCHOOL TEXTBOOK PROVIDED TO THE STATE.
H. 3899 (Word version) -- Reps. Harrell, Wilkins, Altman, Bailey, Bales, Battle, Bingham, Cato, Ceips, Clark, Cooper, Cotty, Dantzler, Duncan, Edge, Gilham, Harrison, Haskins, Herbkersman, Jennings, Keegan, Leach, Limehouse, Littlejohn, Loftis, E. H. Pitts, Cobb-Hunter, Mahaffey, McCraw, J. H. Neal, Mack, Perry, Howard, Quinn, Rhoad, Rutherford, Lourie, Rice, Neilson, Sandifer, Miller, Skelton, Bowers, D. C. Smith, Ott, J. E. Smith, Owens, J. R. Smith, W. D. Smith, Whipper, Snow, Stewart, Talley, Thompson, Tripp, Trotter, Umphlett, Vaughn, White, Whitmire and Witherspoon: A BILL TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY RESTRUCTURING AND INFRASTRUCTURE ACT OF 2003; TO AMEND SECTIONS 59-103-5, 59-103-10, AS AMENDED, 59-103-15, AS AMENDED, 59-103-20, AS AMENDED, 59-103-25, 59-103-30, 59-103-35, AS AMENDED, 59-103-36, 59-103-40, 59-103-45, AS AMENDED, 59-103-60, AS AMENDED, 59-103-65, 59-103-70, 59-103-90, AS AMENDED, 59-103-130, 59-103-140, 59-103-150, 59-103-160, 59-103-165, 59-103-170, 59-103-180, 59-103-190, 59-103-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO DEFINE CERTAIN TERMS, CHANGE THE COMPOSITION OF THE COMMISSION TO DELETE REPRESENTATIVES OF THE RESEARCH UNIVERSITIES FROM THE COMMISSION, PROVIDE WHEN RESEARCH UNIVERSITIES ARE SUBJECT TO THE PROVISIONS OF THIS CHAPTER, AND MAKE OTHER TECHNICAL CHANGES; BY ADDING SECTION 59-103-210, SO AS TO EXEMPT RESEARCH UNIVERSITIES FROM THE PROVISIONS OF CHAPTER 103, TITLE 59 AND THE COUNCIL OF THE COMMISSION ON HIGHER EDUCATION UNLESS EXPRESSLY STATED IN THE CHAPTER; BY ADDING SECTION 59-103-220 SO AS TO DIRECT THE COMMISSION ON HIGHER EDUCATION, THE RESEARCH OVERSIGHT COUNCIL, PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING, AND RESEARCH UNIVERSITIES TO WORK TOGETHER TO IMPROVE SERVICE AND EDUCATION; BY ADDING CHAPTER
The following Concurrent Resolution was taken up:
H. 4023 (Word version) -- Reps. Cooper, Cato, White and Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO REMOVE THE "EARLE MORRIS HIGHWAY" MARKERS OR SIGNS WHICH WERE PLACED ON THAT PORTION OF SOUTH CAROLINA HIGHWAY 153 WHICH CONNECTS SECONDARY HIGHWAY 190 IN ANDERSON COUNTY WITH SOUTH CAROLINA HIGHWAY 123 IN PICKENS COUNTY.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Department of Transportation to remove the "Earle Morris Highway" markers or signs which were placed on that portion of South Carolina Highway 153 which connects Secondary Highway 190 in Anderson County with South Carolina Highway 123 in Pickens County.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The following Concurrent Resolution was taken up:
S. 600 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PUT UP EXIT AND DIRECTIONAL SIGNS ON APPROPRIATE EXITS OFF OF INTERSTATE 20 AND INTERSTATE 26 IN LEXINGTON COUNTY AND PAY ALL COSTS FROM LEXINGTON COUNTY "C" FUNDS, SO AS TO PROVIDE EXIT INFORMATION AND DIRECTIONS TO THE LEXINGTON COUNTY MUSEUM.
Whereas, the present interstate exit signs for the Lexington County Museum are inadequate considering the quality of the museum that encompasses three acres and twenty-two authentic buildings of great historic, cultural, and educational value; and
Whereas, the Lexington County Museum is acknowledged as one of the three best museums in the category of restoration complex in South Carolina. It is bigger than Walnut Grove and needs exit and directional signs appropriate for this high quality museum; and
Whereas, the Lexington County Museum is the only "point of interest" listed in the American Automobile Association Tourbook for Lexington County, and yet there is inadequate signage along Interstate 20 and Interstate 26 to provide travelers information about the museum; and
Whereas, the Friends of Lexington County Museum have raised more than seventy-five thousand dollars in private funds for the museum in the past few years, which demonstrates the high amount of public interest in the museum and the need for exit and directional signs along the roadways; and
Whereas, the members of the General Assembly request that the Department of Transportation put up exit and directional signs at exits along Interstate 20 and Interstate 26 in Lexington County to provide
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation put up exit and directional signs on appropriate exits off of Interstate 20 and Interstate 26 in Lexington County and pay all costs from Lexington County "C" funds so as to provide exit information and directions to the Lexington County Museum.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the Friends of the Lexington County Museum.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4029 (Word version) -- Reps. Witherspoon, Barfield, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG SOUTH CAROLINA HIGHWAY 65 IN HORRY COUNTY "JAMES E. FLEMING BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "JAMES E. FLEMING BRIDGE."
Whereas, Mr. and Mrs. James F. Fleming were born in Horry County; and
Whereas, during the period that Mr. Fleming dated his future wife in the mid 1950's, he would drive from his home in the town of Conway along Maple Road in Horry County, cross Maple Swamp on two planks that served as a bridge, then proceeded to his future wife's home in the Maple community; and
Whereas, shortly after the publication of this article, a wooden bridge was constructed across Maple Swamp which made his visits to his future wife's home safer and more convenient; and
Whereas, since the original bridge was constructed, many of the residents of this community have referred to the bridge affectionately as Fleming Bridge; and
Whereas, the members of the General Assembly believe it is fitting and proper to formally name this bridge in honor of Mr. James Fleming whose efforts to improve highway infrastructure in Horry County influenced the construction of the bridge that crosses Maple Swamp. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation name the bridge that crosses Maple Swamp along South Carolina Highway 65 in Horry County "James F. Fleming Bridge" and erect appropriate markers or signs at the bridge containing the words "James F. Fleming Bridge".
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 following Concurrent Resolution was taken up:
H. 4024 (Word version) -- Reps. Clemmons, Edge, Hayes, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF NEW INTERSTATE HIGHWAY 73 IN HORRY COUNTY AS THE ASHBY WARD MEMORIAL HIGHWAY IN
Whereas, Ashby Ward was President and Chief Executive Officer of the Myrtle Beach Area Chamber of Commerce at the time of death earlier this month; and
Whereas, during his tenure, the Myrtle Beach area experienced substantial growth and worldwide recognition as a major center for recreation, tourism, and business development, and Mr. Ward is widely regarded as a driving force behind the area's economic success; and
Whereas, prior to joining the chamber, Ashby Ward served for four years as the Director of Public Affairs with the South Carolina Technical College System. He also spent ten years as a news anchor for South Carolina television stations in Charleston, Florence, and Columbia; and
Whereas, in March 2002, the chamber's board of directors honored him for his work in promoting tourism along the Grand Strand by naming the organization's new visitor center in his honor; and
Whereas, in 1995, the South Carolina Senate recognized his work by presenting him with an honorary Doctorate of Commerce degree. Three years later, he was presented the South Carolina Tourism Award from the South Carolina Department of Parks, Recreation and Tourism and the Fred Brinkman Award from the South Carolina Travel and Tourism Coalition; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to this outstanding South Carolinian if the portion of new Interstate Highway 73 in Horry County were named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
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. TROTTER.
The following Bill was taken up:
H. 3587 (Word version) -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1550 SO AS TO PROVIDE THAT IN PROCEEDINGS IN WHICH CHILD CUSTODY AND VISITATION ARE IN DISPUTE THERE IS A PRESUMPTION THAT JOINT CUSTODY IS IN THE BEST INTEREST OF THE CHILD, TO REQUIRE THE COURT TO ORDER JOINT CUSTODY ABSENT WRITTEN FINDINGS THAT A PARENT IS UNFIT OR GEOGRAPHICALLY REMOVED, AND TO REQUIRE THE COURT TO EQUALIZE AND PROMOTE OPPORTUNITIES FOR EACH PARENT TO BE INVOLVED IN ACTIVITIES IN THE CHILD'S LIFE IN AND OUT OF SCHOOL.
Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E. H. Pitts, Mack, M. A. Pitts, Richardson, J. H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens,
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20503SD03), which was adopted:
Amend the bill, as and if amended, by striking in its entirety item (9) as contained in Section 11-45-30, SECTION 1, page 3, beginning on line 18, and inserting:
/ (9) 'Tax credit' means a credit against a lender's bank tax liability pursuant to Chapter 11, Title 12 or insurance premium tax
/ (3) A conflict of interest is considered to exist if a director of the fund, an officer, agent, or employee thereof, or any for-profit firm or corporation in which a director, officer, agent, or employee of the fund, or any member of his immediate family, as defined in Section 2-17-10(7), is an officer, partner, or principal stockholder engages in business activity with the fund either directly or indirectly in which the director, officer, agent, employee, or firm would personally benefit. In this case, the director, officer, agent, or employee shall refrain from any involvement of any type in regard to the activity including, but not limited to, discussing the proposed activity with another person associated with the entity desiring to engage in the activity with the fund, negotiating any aspects of the proposed activity with the fund, voting on any matter pertaining to the activity, and communicating with other board members, officers, agents, or employees of the fund concerning the activity. When a conflict arises, the director, officer,
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20530SD03), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Rep. HARRELL 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 Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Edge Emory Freeman Frye Govan Hagood Hamilton Harrell Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Huggins Jennings Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Lloyd Loftis Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Taylor Thompson Townsend Tripp
Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Wilkins Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 3900 (Word version) be read the third time tomorrow.
Rep. COTTY moved to adjourn debate upon the following Bill until Tuesday, April 29, which was adopted:
H. 3429 (Word version) -- Reps. Cotty and Cato: A BILL TO REPEAL SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESPONSIBILITIES OF LANDLORDS AND TENANTS FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICES.
Rep. KEEGAN moved to adjourn debate upon the following Bill until Tuesday, April 29, which was adopted:
H. 3572 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 61-4-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS FOR SELLING BEER AND WINE, SO AS TO PROHIBIT THE ISSUANCE OF A PERMIT IF THE APPLICANT CONDUCTS GAMES USING FIREARMS AT WHICH PRIZES ARE AWARDED ON THE PROPERTY ON WHICH THE PLACE OF BUSINESS IS LOCATED AND IS TO BE LICENSED FOR ON-PREMISES CONSUMPTION OF BEER OR WINE.
Rep. CLEMMONS moved to adjourn debate upon the following Bill until Tuesday, April 29, which was adopted:
H. 3963 (Word version) -- Reps. Clemmons, Wilkins, Harrell, Harrison, Barfield, J. Brown, Cato, Edge, Keegan, Townsend, Viers and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-680 SO AS TO ALLOW A COUNTY BY ORDINANCE TO REQUIRE THE LISTING OF IMPROVEMENTS TO REAL PROPERTY WITH THE COUNTY AUDITOR WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES ON THE IMPROVED REAL PROPERTY FOR THE PROPERTY TAX YEAR THE PROPERTY IS LISTED, AND TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED AFTER JUNE 30 OF THE PROPERTY TAX YEAR DUE AND PAYABLE WHEN TAXES ARE DUE AND PAYABLE ON THE REAL PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.
The following Joint Resolution was taken up:
H. 3188 (Word version) -- Reps. Davenport, Viers, Littlejohn, Coates, Bingham, Toole, Haskins, Barfield, J. R. Smith, Trotter, Snow, Altman, Koon, G. Brown, Cooper, Pinson, Loftis, Hamilton, Leach, Owens, Stille, Rice, Tripp, McGee, White, Gilham, Walker and Delleney: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA UNBORN CHILDREN'S MONUMENT COMMISSION TO ERECT A MONUMENT ON THE STATE HOUSE GROUNDS AS A MEMORIAL TO UNBORN CHILDREN WHO HAVE GIVEN THEIR LIVES BECAUSE OF LEGAL ABORTIONS IN SOUTH CAROLINA AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION AND TO REQUIRE PRIVATE FUNDING FOR THE ESTABLISHMENT OF THIS MONUMENT.
Rep. COTTY moved to recommit the Joint Resolution to the Committee on Ways and Means, which was agreed to.
Rep. RICE 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:
S. 652 (Word version) -- Senators Knotts, Ford, Malloy and Leatherman: A CONCURRENT RESOLUTION TO MEMORIALIZE AND URGE THE CONGRESS OF THE UNITED STATES TO QUICKLY APPROPRIATE HOMELAND SECURITY FUNDS NECESSARY TO PROTECT THE HEALTH OF EMERGENCY RESPONDERS AND DISASTER RELIEF PERSONNEL, TO URGE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SECURE FEDERAL FUNDING AND ADVANCE BIOTERRORISM PREPAREDNESS AID FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ENSURE THAT EMERGENCY RESPONDERS AND DISASTER RELIEF PERSONNEL RECEIVE CERTAIN RECOMMENDED VACCINATIONS, AND TO ENSURE THAT SUPPLIES OF CERTAIN VACCINES ARE AVAILABLE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4072 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE DEWITT MIZE, OCONEE COUNTY FIRE MARSHAL, FOR HIS DISTINGUISHED CAREER OF PUBLIC SERVICE UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4073 (Word version) -- Reps. Govan, Rhoad, Cobb-Hunter and Ott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4074 (Word version) -- Reps. Limehouse, Altman, Anthony, Branham, Freeman, Hosey, Leach, Mahaffey, Moody-Lawrence, Rice, Rivers, Sinclair, Snow and Vaughn: A BILL TO AMEND CHAPTER 33, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-33-10 THROUGH 59-33-110 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 SO AS TO ESTABLISH AND PROVIDE FOR THE STATE AUTISM TRAINING CENTER, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AND THE CENTER, AND TO PROVIDE FOR EXPENSES, COSTS, AND CHARGES.
Referred to Committee on Education and Public Works
H. 4075 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES; TO IMPOSE A FEE FOR THE USE OF INTERNAL RESOURCES TO EXAMINE AND INVESTIGATE APPLICATIONS FOR LICENSURE; TO INCREASE THE ANNUAL RENEWAL LICENSE FEE; TO ADD A FEE TO RECOVER REASONABLE COSTS OF PROCESSING CERTIFICATIONS; AND TO LIMIT PREMIUM TAXES TO ONE
H. 4076 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO CHANGE THE DEFINITION OF "EXEMPT COMMERCIAL POLICIES" TO DELETE THE REQUIREMENT THAT THE DEFINITION INCLUDE POLICIES FOR WHICH PREMIUMS FOR ONE INSURED IS GREATER THAN FIFTY THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO CHANGE THE BASIS ON WHICH THESE TAXES ARE ASSESSED ON PREMIUMS FROM WRITTEN RATHER THAN COLLECTED; TO AMEND SECTION 38-21-170, AS AMENDED, RELATING TO REPORTING DIVIDENDS AND DISTRIBUTIONS TO SHAREHOLDERS TO THE DEPARTMENT, SO AS TO INCREASE FROM TEN TO FIFTEEN THE NUMBER OF DAYS BEFORE PAYMENT THE REPORT MUST BE GIVEN; TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE PAYMENT OF AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION TO THE SHAREHOLDERS OF A DOMESTIC INSURER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE REVIEW OF THIS TYPE OF DISTRIBUTION; TO AMEND SECTION 38-41-60, RELATING TO HOLDING IN TRUST FUNDS COLLECTED FROM PARTICIPATING EMPLOYERS UNDER MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-10, AS AMENDED, RELATING TO PERSONS CONSIDERED AS INSURANCE AGENTS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-40, AS AMENDED, RELATING TO THE RIGHT TO APPOINT PRODUCERS BY A LICENSED INSURER, SO AS TO REMOVE PROVISIONS WHICH REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPROVE THE APPOINTMENT OF PRODUCERS BEFORE THEY TAKE RISK OR TRANSACT BUSINESS; TO AMEND SECTION 38-43-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT APPLICANTS FOR A LIMITED LINE OR SPECIAL PRODUCER'S
H. 4077 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-39-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD USED FOR CALCULATING THE UNEARNED SERVICE CHARGE REFUND IF THE BORROWER CANCELS BEFORE MATURITY OF A PREMIUM SERVICE AGREEMENT, SO AS TO CHANGE THE METHOD OF CALCULATING THE AMOUNT OF REFUND.
Referred to Committee on Labor, Commerce and Industry
H. 4078 (Word version) -- Reps. Neilson, Lucas and J. Hines: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-31 SO AS TO PROVIDE THAT A COUNTY MAY NOT UNDERTAKE TO MORE STRINGENTLY REGULATE A STATE REGULATED LIVESTOCK PRODUCER, BUT TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL GIVE NOTICE TO THE LEGISLATIVE DELEGATION OF A COUNTY IN WHICH SUCH A PRODUCER PROPOSES TO LOCATE THAT THE PRODUCER HAS APPLIED FOR THE REQUIRED PERMIT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4080 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 15-9-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF LEGAL PROCESS ON AN INSURANCE COMPANY, SO AS TO INCREASE THE FEES CHARGED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE FOR COSTS INCURRED BY HIM; TO AMEND SECTION 15-9-285, AS AMENDED, RELATING TO SERVICE OF LEGAL PROCESS ON AN INSURER NOT LICENSED IN THIS STATE, SO AS TO INCREASE THE FEES CHARGED BY THE DIRECTOR FOR COSTS INCURRED BY HIM; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE ADDITIONAL INFORMATION AT THE TIME THE GROUP FILES ITS APPLICATION; AND TO AMEND SECTION 38-87-80, RELATING TO INFORMATION FURNISHED THE DEPARTMENT OF INSURANCE BY A PURCHASING GROUP, SO AS TO REQUIRE AN INITIAL REGISTRATION FEE OF TWO HUNDRED DOLLARS AND AN ANNUAL FEE OF ONE HUNDRED DOLLARS.
Referred to Committee on Labor, Commerce and Industry
H. 4081 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT AN ENGINEER, ARCHITECT, OR LANDSCAPE ARCHITECT WHO PERFORMS OR PROVIDES PROFESSIONAL SERVICES FOR THE IMPROVEMENT OF REAL ESTATE IS CONSIDERED
H. 4082 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 40-58-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROHIBITED ACTIVITIES OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY NOT FAIL TO PAY FOR CERTAIN APPRAISAL SERVICES, OR ATTEMPT TO INFLUENCE CERTAIN REAL ESTATE APPRAISALS BY COERCION, EXTORTION, OR BRIBERY.
Referred to Committee on Labor, Commerce and Industry
Rep. CLEMMONS moved to adjourn debate upon the following Bill until Tuesday, April 29, which was adopted:
H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W. D. Smith, Viers, Herbkersman, M. A. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D. C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G. M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J. R. Smith, Rhoad, Anthony, Freeman, Scarborough, J. E. Smith, Loftis, Coates, Rivers, Ott, J. H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport, Gilham, Thompson, McLeod and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED
Rep. KOON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3948 (Word version) -- Reps. Ceips and Bailey: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 30, AND FRIDAY, OCTOBER 31, 2003, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 29, 2003, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
H. 3973 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 7, 2003, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2003, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; TO ELECT MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS TO SUCCEED A MEMBER WHOSE TERM EXPIRED IN 2002 AND A MEMBER WHOSE TERM EXPIRES IN 2003; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
H. 4009 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates,
H. 4010 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE
H. 4012 (Word version) -- Reps. Rutherford, 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, 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 RECOGNIZE LEROY MOSS OF RICHLAND COUNTY FOR HIS COMMITMENT TO THE EAU CLAIRE COMMUNITY AND OUTSTANDING VOLUNTEERISM, AND TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
H. 4013 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION APPLAUDING IRMO NATIVE ROBERT C. (BOBBY) WEED, JR., AS HE IS NAMED THE 2003 SOUTH CAROLINA GOLF ASSOCIATION "GOLF WEEK" HONOREE IN RECOGNITION OF HIS LONG AND DISTINGUISHED CAREER IN GOLF COURSE DESIGN.
H. 4027 (Word version) -- Reps. Hosey, Rhoad, 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,
H. 4035 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE HONORABLE MARION C. SMITH OF FAIRFIELD COUNTY FOR HIS FOURTEEN YEARS OF DEDICATED SERVICE AS A MAGISTRATE AND UPON HIS RETIREMENT WISH HIM GOOD HEALTH AND HAPPINESS.
H. 4036 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. THOMAS A. JACKSON, SR., OF FAIRFIELD COUNTY, FOR HIS MANY YEARS OF SERVICE TO HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
At 11:45 a.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Doris Jean "Dot" Biggers of Clover, to meet at 10:00 a.m. tomorrow.
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