Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Genesis: In the beginning, the Ruler of the Universe said, "Let there be Light."
Let us pray: Blessed are You, O Lord our God, Ruler of the Universe, for You have kept us alive and sustained us and brought us to this day, a new beginning. May Your light shine among us. Urge us to accomplish the work You have given us to do with caring, understanding and a spirit of cooperation. Give our leaders the wisdom and courage to guide this State and Nation. We pray for our defenders of freedom and protect them from harm. Hear our prayer, O God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
Rep. OWENS moved that when the House adjourns, it adjourn in memory of Captain Kimberly Hampton of Easley who was killed in Iraq, which was agreed to.
The following was received:
TO: The Clerk of the Senate
The Clerk of the House of Representatives
FROM: J. V. Smith, Chairman
Employment Security Commission Screening Committee
DATE: January 13, 2004
In compliance with the provisions of Act 391 of 1996, Title 2, Chapter 20 of the South Carolina Code of Laws, it is respectfully
Pursuant of Act 391 of 1996, Title 2, Chapter 20 of the South Carolina Code of Laws, the committee has considered the qualifications of candidates seeking election to the South Carolina Employment Security Commission.
The committee's report includes the Transcript of the Proceedings Before the Screening Committee on November 12, 2003. The transcript does not include all exhibits offered by candidates at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the transcript may be viewed in the Office of the Senate Labor, Commerce and Industry Committee (Room 313 of the Gressette Building), since these exhibits were reviewed and considered by the committee in making its findings.
Report of the Members of the Employment Security Commission Screening Committee:
Sen. J. V. Smith, Chairman Rep. Lewis Vaughn, Vice Chairman
Senator Robert Ford Rep. John L. Scott, Jr.
Senator William H. O'Dell Rep. J. Adam Taylor
Senator W. Greg Ryberg Rep. Michael D. Thompson
COMMITTEE MEMBERS IN ATTENDANCE:
Senator J. V. Smith, Chairman
Representative Lewis R. Vaughn, Vice-Chairman
Senator Robert Ford
Senator William H. O'Dell
Senator W. Greg Ryberg
Representative John L. Scott, Jr.
Representative J. Adam Taylor
Representative Michael D. Thompson
ALSO PRESENT:
Helen Ann S. Thrower, House Labor, Commerce and Industry Committee
The Employment Security Commission Screening Committee meeting was held on Wednesday, November 12, 2003 at 2:00 p.m. in Room 308 of the Gressette Building, Columbia, South Carolina before Lisa D. Jeter, Registered Professional Reporter and Notary Public in and for the State of South Carolina.
CANDIDATES:
J. William McLeod - Columbia
Becky R. Martin - Anderson
Rebecca Davis Richardson - Lake Wylie
McKinley Washington, Jr. - Ravenel
THE CHAIRMAN: We're going to call the meeting to order. I would like to welcome Mr. McLeod and Representative Martin to the hearing. And I think the first person that we're going to speak with is Commissioner McLeod.
MS. CRAIG: Mr. Chairman, do you want to swear them in, or do you want me to?
If you will stand and raise your right hand. You've got to be sworn in.
(WITNESS SWORN.)
THE CHAIRMAN: Please be seated. The staff will ask you some questions.
MS. CRAIG: Mr. McLeod, we have a series of questions. And for the members of the committee, Mr. McLeod has provided a sworn statement and a Personal Data Questionnaire with detailed answers to questions regarding education, employment history, professional memberships and affiliations, appropriate conduct, office administration and temperament. That statement was provided to all of the commission members earlier and is included in your notebooks under tab one. I see no concerns with the statement. And with the committee's approval, I would ask that the statement be entered into the public record at this time.
SENATOR RYBERG: So moved.
THE CHAIRMAN: Okay.
EXAMINATION BY MS. CRAIG:
Q. Mr. McLeod, if you would answer the following questions:
A. They are.
Q. There was one change you --
A. I would like to mention -- I think it was number 17 that we discussed earlier about the letterhead.
Q. This is on the sworn statement. Question 17, it asked, If currently serving as a commissioner while campaigning for this office, if you used commission letterhead or the services of your staff or your campaign?
A. Right. I have two stationeries. I have the state, and of course I have a personal stationery that I send birthday letters out and so forth that I hope each one of you have received in the past. But this one was sent on my state stationery, which just said my intent to run for the House - I mean, for the commission. And I think I sent it to Chairman Verne; is that correct?
Q. Yes, sir.
A. I wanted to clarify that, because I think when I checked the answer, I checked no.
REPRESENTATIVE SCOTT: The other thing, in the event if usage of that nature does occur, all it does is require the individual to pay the cost of it, the cost associated with it. I don't think the question addressed that if you have -- if you reimbursed the State for the necessary costs related to it.
MR. MCLEOD: I wanted to clarify that, because after our discussion, I did check no when it should have been I used it for an answer to number 17.
THE CHAIRMAN: So you will reimburse the State for that?
MR. MCLEOD: I'll be more than happy to.
THE CHAIRMAN: Any other questions?
BY MS. CRAIG:
Q. If you will proceed and answer the following questions: Do you or any member of your family own or operate any business which contracts with state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives state or federal funds from the Employment Security Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for a violation of the law, regulation or ordinance?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?
A. No.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Are you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?
A. No.
Q. Do you know of any reason you would have difficulty performing the duties of the Employment Security Commission?
A. No.
Q. As of today, have you asked for any commitments from any person for this position?
A. No, I have not.
Q. Have you made any statements that you have a certain number of votes already committed to you?
A. No, I have not.
MS. CRAIG: Okay. One thing we did not send to you all is the financial information and the credit report. We have it available if you would like to look at it, but everything was in good standing.
BY MS. CRAIG:
Q. If you would tell us briefly about yourself and explain why you would like to serve on this board.
A. Okay. Thank you, Mr. Chairman and members of the committee. It has been a pleasure and certainly a privilege for me to serve as commissioner for the past 16 years. You and your colleagues have elected me four times to serve as commissioner, and I think I have done an excellent job with your trust, and I will be seeking -- this is my fifth term, and will be my final term. I would think after 20 years, I will have enough time in at that time that would meet my retirement. So this would be the last time I would be seeking this office. But with my 16 years, I'm the senior member of the commission. Commissioner
THE CHAIRMAN: Does anyone on the panel have a question? Senator Ryberg?
SENATOR RYBERG: Billy, how many employees do you all have?
MR. MCLEOD: Around 1,100 at this time. And when I went there in 1988, we had right at 1,300, Senator. So because of some of the budget cuts and all, although we're federally funded, we are down 200 employees, and we're probably doing as much work now as we have in the past because of the plant closures and the unemployment rate at this time.
SENATOR RYBERG: So you all are federally funded for operations, not any state money that's --
MR. MCLEOD: We federally funded our budget. Our money comes out of the labor department. Now, the taxes are paid by the employer, as you're aware of, I'm sure. You pay on each employee that you have that works for you. That's the money that's used to pay the unemployment benefits. But our actual operating expenses, I think, during the budget year are less than $200,000, is what we get from the state to run the agency.
SENATOR RYBERG: The monies that are collected, do y'all control those or does the treasurer control them? How is the --
MR. MCLEOD: We control them. They're put -- we have a trust fund, which -- and I'm glad you asked that, because I wanted to get to our trust fund. At this point, it's $420 million which is in our trust fund. That sounds like a lot. But in the year 2000, we had over $800 million in this trust fund. Now, what has happened, because of the unemployment rates and the plant closures and all, we have not been taking in as much money from the employers to pay all of the unemployment benefits. So when that happens, we have to take money out of the trust fund, which I try to explain to people that we're no more than an insurance company. You're paying an insurance premium on your employees. And the last couple of years, we've been having to take money out of the trust. So we've actually used around $300
SENATOR RYBERG: What has the shortfall run over the last 12 months? Is it a couple hundred million dollars?
MR. MCLEOD: Last year, I think we used 140 million from our trust fund, just to be able to meet our obligations to the unemployment.
SENATOR RYBERG: The trust fund is vested in what, short-term securities or --
MR. MCLEOD: Yes. And that's another problem we're having, where we had 800 million, of course, the interest goes into the trust fund. So when we had 800 million, we were getting a lot more interest on our money than we do now. So I think -- I could check on this for you. But if I'm not mistaken, maybe we've got around $10 million or maybe 15 million this year, something like that, was the interest. So we get hurt in two ways when it drops down.
SENATOR RYBERG: Billy, you're the chairman of the Employment Security Commission.
MR. MCLEOD: I'm the chairman at this time. We have a very unusual situation, and it's apparently always been this way. We rotate our chairmanship. So although I'm the senior member by eight years, we rotate every 16 months.
SENATOR RYBERG: Every 16?
MR. MCLEOD: Every 16 months we rotate. So each commissioner would be chairman for 16 months out of the four-year term. And it's been where I've always been the chairman the end of the last 16 months of each of my terms.
SENATOR RYBERG: Is there an executive director?
MR. MCLEOD: Yes. We have an executive director that the commissioners hire, and he works at our pleasure. And the current executive is Ted Hadley from Camden. He works at our pleasure.
SENATOR RYBERG: Thank you.
THE CHAIRMAN: Any other questions? Representative Thompson?
REPRESENTATIVE THOMPSON: Thank you, Senator. Billy, you said that you had a total of $200,000 from state appropriated funds, correct, for --
MR. MCLEOD: It's actually less than 200. That's the ballpark figure. I think it's probably maybe closer to 160,000, is what we get from the state. And that's for one particular program. We call it SCOIT (phonetic). That's the one where we send people into high schools. And they go around and tell ninth and tenth graders maybe
REPRESENTATIVE THOMPSON: What's the total budget? I mean, proceeds that you get from the federal government.
MR. MCLEOD: Give me a corner and five minutes and I will tell you. But offhand, I don't -- it is really -- I wish I could answer that for you. I don't know offhand. I would hate to give you the wrong figure.
REPRESENTATIVE THOMPSON: You had mentioned the trust fund that you had. Is the trust fund - is the sole purpose of the trust fund to cover shortfalls?
MR. MCLEOD: Yeah. As a matter of fact, 1999 or 2000, we went to the General Assembly -- when I say "we," I mean the Employment Security Commission - and asked you all to help us maintain our trust fund, because there was a move at one time when everything was doing good in the economy that people thought maybe employers shouldn't have to continue paying the tax rates that they were paying. And after we made our case to both the Senate and the House, you all were kind enough to allow us to continue to -- we have a formula that keeps our trust fund where we will not actually ever lose it. North Carolina at this point is having to borrow money from the federal government to pay unemployment, where we're fortunate, we have this trust fund, where if we need money, we can withdraw money from it.
REPRESENTATIVE THOMPSON: Is there like a minimum balance that you have to keep in this trust account, or it just fluctuates?
MR. MCLEOD: Well, it's fluctuating now. But actually, there's a formula where 2 percent of the employers' wages, total wages -- just for example, it was 43 billion dollars, is the wages that were turned in by the employers last year. We have 93,000 employers in this state, and the total wages were almost $43 billion. Two percent of that is supposed to remain in our trust fund to keep us in a position where we would never go broke like some of the states - our neighboring states.
REPRESENTATIVE THOMPSON: You said one time it was at $800 million. Is that the highest it's ever been?
MR. MCLEOD: That's the highest, and that's where we would probably like to have it now. It will not jump up that much in one year. We're hoping if times get better and the economy turns around, that it will eventually get up to around 800 million. But this year, we only have 430 million now, I think, in our trust fund and we're -- I think even with the new tax increase that will be given to the employers, we're looking at still about a $200 million - somewhere around 600 million is what we expect to have there next year.
REPRESENTATIVE THOMPSON: Thank you, Mr. Chairman.
THE CHAIRMAN: I apologize to all of you for being late, but we had to attend the big announcement about our Clemson, BMW, Microsoft deal in Mauldin, and it was a very exciting announcement. It looks like it's going to be a great thing, and I think it's going to be a -- it's going to be good enough to where it's worth waiting for. I hope so.
MR. MCLEOD: I think one of my fellow commissioners may have been up there with you.
THE CHAIRMAN: Yeah. I believe she was red-headed.
MR. MCLEOD: Mr. Washington and I sent her up there on our behalf so we could be here with you.
THE CHAIRMAN: I'm glad you were represented, Mr. McLeod.
SENATOR FORD: Mr. Chairman, after each commissioner, do we make a motion or what?
THE CHAIRMAN: Well, we want to be sure that everybody is through asking questions.
SENATOR FORD: I mean after that.
THE CHAIRMAN: Yes. Then what did you say about executive session, Ms. Martha? She said we want to hear from all of them first and make a motion to go into executive session, and then come out and do what we're doing in public. That's what Ms. Martha says, and that's usually right. Any further questions?
SENATOR O'DELL: Mr. Chairman?
THE CHAIRMAN: Yes, sir.
SENATOR O'DELL: Commissioner McLeod, on the trust fund that you're speaking of, that's the state money that goes in there, or is that state and federal?
MR. MCLEOD: That's the money that we get from the employers, but it's the state. Well, actually, I reckon it's your federal money, if you think about we're a federal agency. It's the money, Senator, that you pay on your employees like you're required to do. That's the money that we put in the trust fund to pay out the unemployment, if you would have to have some employees who was entitled to the unemployment benefits.
SENATOR O'DELL: In other words, when an employer sends the money in, that's where it goes into that trust fund?
MR. MCLEOD: We keep that money, and it's put into -- like I explained awhile ago, we feel like it's an insurance. Actually, that's where the name -- we got the unemployment insurance, because, really, all it is is a policy that you as an employer are paying to protect your
SENATOR O'DELL: What happens if we go broke?
MR. MCLEOD: Well, thanks to you all, I don't think that would happen right now because y'all have given us some measures, safety nets that would protect us. But there are some surrounding states and states at this time that are having to borrow money now from the federal government from the labor department in Washington just to pay their unemployment benefits. And they will have to, I imagine, pay that money back. I imagine they're going to eventually have to tax the employers more in order to recover that money, is what I would think.
SENATOR O'DELL: That would be the avenue of something we --
MR. MCLEOD: That would be the only way we could get the money. If something would happen, to answer your question, and we would run out of money with our trust fund, the only option we would have would be to increase the taxes you're paying to rebuild the trust fund, yes.
SENATOR O'DELL: This commission has the authority to do that, to increase the levy on the employers?
MR. MCLEOD: Only with you all's approval.
SENATOR O'DELL: The legislature --
MR. MCLEOD: Right. We would have to go to you and ask you to allow us to raise the taxes for that purpose.
SENATOR O'DELL: Can you project anything in the future on where we are and how we're looking?
MR. MCLEOD: Well, the only projection we have is, next year we're still looking to probably not take in enough money to meet the unemployment that we will be paying out. So we're looking for another year of reducing our trust fund, but not as a great amount as we did this past year. Of course, all of that is projections.
SENATOR O'DELL: Well, that ends my questions. I want to commend you for a great job. I think you're doing a great job.
MR. MCLEOD: Thank you so much, Senator.
THE CHAIRMAN: Any further questions from members of the committee? Thank you, sir. We will call on the next person.
MR. MCLEOD: Is it all right at this time that I could leave? There is no reason for me to stay around?
THE CHAIRMAN: Do you think it's all right to let him go?
SENATOR O'DELL: Since he's had back surgery, we might as well let him go.
THE CHAIRMAN: So you had some back surgery?
MR. MCLEOD: September the 8th, I had a ruptured disk.
THE CHAIRMAN: I hope you get along good. Thank you. Helen Ann, go ahead and swear Ms. Becky in.
MS. THROWER: Ms. Martin, would you please raise your right hand to be sworn?
(WITNESS SWORN.)
THE CHAIRMAN: You want to ask those questions for us, please, ma'am?
MS. THROWER: Yes, sir. Thank you. Ms. Martin has provided a sworn statement and a Personal Data Questionnaire, with detailed answers to questions regarding education, employment history, professional memberships and affiliations, appropriate conduct, office administration and temperment. That statement and questionnaire was provided to all committee members earlier and is included in your notebooks, I believe, behind tab two. I have reviewed the documents, and at this point, I have no concerns and would ask that they be admitted into the record at this time. And Mr. Chairman, I would have a few questions of Ms. Martin.
THE CHAIRMAN: Okay.
EXAMINATION BY MS. THROWER:
Q. Ms. Martin, with regards to your Personal Data Questionnaire -- you and I discussed this briefly earlier today -- number 28, when asked expenditures you've made in furtherance of your candidacy for this position, your answer was to see the attached. I wanted to clarify for the record that the attachment you provided was actually regarding expenditures for your house seat, and that you've in fact spent, I believe, $86 on stationery and stamps in furtherance of this position; is that correct?
A. Right. But I think that actually came out of my own personal -- I think there was a list, and a page was left off when it was put on the disk.
Q. Right.
A. So since I was already in training, I didn't have the written. I will get a copy of the written. The stationery is something like $30. The envelopes or the -- and the printing was a little bit about that, and the stamps.
Q. Thank you. I just wanted to clarify that for the record. With the exception of that question, do you affirm that the answers you previously provided to the committee on your Personal Data
A. Yes.
Q. Ms. Martin, do you or any member of your family own or operate any business which contracts with state or federal government?
A. No, ma'am.
Q. Do you or any member of your family own or operate any business which receives state or federal funds from the Employment Security Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
A. No.
Q. Ms. Martin, have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?
A. No, ma'am.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. And are you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?
A. Yes, ma'am.
Q. You have? Will you tell us a little bit about that, briefly?
A. From 1990 to 1996, I was proud to work for the state employees under the State Employees Association. I worked -- I lobbied for their benefits, insurance, and mainly to be a liaison between the working staff of the government and the legislators who were making the decisions about what benefits and pay they would receive.
Q. Thank you. Ms. Martin, do you know of any reason you would have difficulty performing the duties of this position?
A. No.
Q. Have you sought or received a pledge of any legislator prior to this date?
A. No, ma'am.
Q. Have you sought or received a conditional pledge of support of any legislator pending the outcome of your screening?
A. No, ma'am.
Q. And are you familiar with the pledging prohibitions under Title Eight, which prohibits a candidate for an office elected by the General Assembly from seeking directly the pledge of a member of the General Assembly until the qualifications of all candidates for the office have been determined by the appropriate joint committee to review the candidates for that office?
A. Yes, ma'am.
Q. Thank you, Ms. Martin.
MS. THROWER: I apologize. I would like to note that as Ms. Craig stated, the financial statement and credit check are available, if you all would like to review those. I have reviewed the documents and have no questions.
BY MS. THROWER:
Q. My last question is, if you would, briefly tell us about yourself and explain why you would like to serve on this commission.
A. Thank you. Well, I apologize for the cold and the deep voice today. I am married, and my husband is a letter carrier, and we have two daughters and two grandsons. And because of the grandsons, I probably have this cold, because when you love them and they love you. But also, I have spent the past week reading in some of the schools, and there is a lot of germs there. But I feel qualified for this job and am seeking this job because I feel like I have had the experience and the knowledge and the background to serve this state well and in this position. Not only have I lived in -- I was born close to the coast, and I went to school in Winnsboro, worked briefly in Columbia for awhile, and then also in the Upstate. So it kind of gives me knowledge of the different employments and employers around the state. Also, I feel that with my knowledge of government, which started off, actually, through the Employment Security Commission, because when my husband graduated from Francis Marion in Florence, we were transferred to the upstate, and he began working with Milliken, and so that put me unemployed for awhile. And so I actually started off -- so I have received the unemployment checks. I went to work under the CETA (phonetic) program, which was a special job training program at the time that some of the counties would receive in order to help them with their needs. And in that job, that was at the Anderson County Health Department, I worked as -- I functioned as a district accountant working in government funds and understanding a
THE CHAIRMAN: Thank you, ma'am. Do any members of the committee have questions? You must have been very convincing. I don't think they have anything.
MS. MARTIN: Well, I appreciate you all being here. Also, being a legislator, I understand the many hours that you put in, and it's a nice day out there. So thank you.
THE CHAIRMAN: We're glad to have you, Ms. Becky. You're free to go.
SENATOR RYBERG: Mr. Chairman, is there a list of qualifications for people to serve in this position or is there a -- is there legislative criteria?
THE CHAIRMAN: I don't know, Martha. Is there legislative criteria?
MS. CRAIG: This is the only board left that you do -- that has no qualifications. There's nothing in the statute dealing with qualifications for this board.
THE CHAIRMAN: It's left up to our judgment.
SENATOR RYBERG: Just the fact that you have served in the legislator is the only qualification?
MS. CRAIG: This is the only one you can be a sitting legislator and run for. We're ahead of schedule. Mr. Washington, we just called him. He is on his way over. Ms. Richardson said she would be here by 3:25. If you want to go ahead and vote on these two at this point.
SENATOR FORD: Mr. Chairman, could I ask Ms. Martha a question?
THE CHAIRMAN: You certainly can.
SENATOR FORD: Mr. Billy, the first gentleman, said that -- he said that he's got 1,100 employees. Are they state employees; do you know?
MS. CRAIG: You're considered for the purposes of retirement and state benefits state employees.
SENATOR FORD: But the money comes from the feds?
MS. CRAIG: Right.
SENATOR FORD: Explain that 43 billion again. What was he saying about that; do you know?
SENATOR RYBERG: What he said was, it was 43 billion dollars payroll, but they collect taxes on it.
THE CHAIRMAN: All of the workers.
SENATOR FORD: In the State.
MS. CRAIG: I gave Representative Thompson the budget. It's 177,000 of state funds and 117 million --
REPRESENTATIVE THOMPSON: $117,535,779 total base budget.
MS. CRAIG: Only 177,000 are state dollars.
REPRESENTATIVE SCOTT: It might be incumbent upon this committee to let one of the appropriations -- Senate appropriations, House appropriations, take a look at where we are in terms of compensation payout and projection as we need to in this upcoming budget year. If it looks like the economy is going to be soft for a little while longer, to raise the percentages or the rate to be charged. We need to probably send something forward, rather than waiting on the trust fund to zero itself out and come to us, and we don't have a whole lot right now to put in there. But if we can get ahead of this thing by a year or so, we can probably reinstate the trust fund. It's always easy to cut it in good times, but to raise it in bad times --
THE CHAIRMAN: Who would you recommend do that, Representative Scott?
REPRESENTATIVE SCOTT: You can get it on the Senate side --
SENATOR RYBERG: Mr. Chairman, I would recommend you have it done on the House side. I don't think the Senate wants to.
REPRESENTATIVE SCOTT: Well, I don't think it's -- I don't think to do those projections is that big of a deal. If you will look at what your normal payout is, I'm pretty sure that, through the use of the Budget and Control Board, may have to send it over to them, as well, and coming to some type of agreement and look at your projections, which should be pretty close to knowing where you are with this.
THE CHAIRMAN: Would you like to request --
REPRESENTATIVE SCOTT: I think this committee needs to make that kind of request before we get ourselves so far in the rate that we have not done anything, and end coming back to the committee anyway. At least have somebody take a look at it.
THE CHAIRMAN: Representative Vaughn?
THE VICE-CHAIRMAN: Didn't the first speaker, Mr. McLeod, say that they had made the projections for this coming year and that it would not affect the trust fund to the point where we would need to do that? I don't know who made the projection.
REPRESENTATIVE SCOTT: Maybe she can read back what he said, but I thought he said after this year, we'll have some pretty tough shortfalls, unless I misunderstood.
REPRESENTATIVE THOMPSON: If I could interject. He did say that the trust fund still had a pretty healthy balance of around $450 million.
REPRESENTATIVE SCOTT: He also said that the trust fund had come from the $800 million to 400.
SENATOR RYBERG: But I think he also said, Representative Scott, that he expected it -- I thought he said increases put in to have it go back to $600 million. So --
REPRESENTATIVE SCOTT: He said that they could come to the legislature and ask for increases to bring it back up. I don't know what their numbers look like. I don't want to sit on this thing and then get a balloon.
THE CHAIRMAN: What about asking Commissioner McLeod to have their staff report to us in writing on this question, so we would have it in hand and we would know more?
REPRESENTATIVE SCOTT: That sounds pretty reasonable.
THE CHAIRMAN: Would that suit you all?
REPRESENTATIVE SCOTT: Yes, sir.
SENATOR O'DELL: Mr. Chairman, I believe he also said that if something went wrong with it, it went broke, they could borrow it from the federal government. So we're not looking at a situation where it's just going to be depleted all at one time. I don't want to raise any employment taxes unless we --
THE CHAIRMAN: It won't hurt us to get it in writing, on account of what he told us. I will ask Ms. Martha if it's agreeable with the committee.
SENATOR FORD: Mr. Chairman, this committee, after we finish our duties on this, that's the end of us; right?
THE CHAIRMAN: Yes.
SENATOR FORD: Well, not the end of us, but --
THE CHAIRMAN: We were created for one purpose.
SENATOR FORD: One purpose, right.
THE CHAIRMAN: It's to screen the candidates. But as a member of the General Assembly, we are still under an obligation to learn a little more about the financial situation. I guess that's what you feel, Mr. Scott. That will be all right. Well, we have to wait, I guess, on the others. How about voting on the two we've got? Would that suit you?
SENATOR RYBERG: That's a good idea.
THE CHAIRMAN: Is there a motion that we would recommend John William (Billy) McLeod for confirmation?
SENATOR FORD: So moved.
THE CHAIRMAN: A motion is made and seconded. All in favor, say aye. The ayes have it. Now, how about Ms. Becky R. Martin?
SENATOR FORD: So moved.
THE CHAIRMAN: The motion is made, seconded. All in favor say aye or vote no. They ayes have it. That tends to work on those two. Now we've got two more, if we can get them here.
THE CHAIRMAN: I'm going to call the committee back to order. We have the distinguished former Senator McKinley Washington, who I've had the great honor of serving with in the Senate. We're glad to have you, Mr. Washington. And we will ask Ms. Helen Ann to ask you some questions and kind of guide us through this. I believe she's going to have to swear you in. I know you ain't much on swearing.
MR. WASHINGTON: No, sir.
MS. THROWER: Thank you, Mr. Chairman. Mr. Washington, if you would, please raise your right hand to be sworn in.
(WITNESS SWORN.)
MS. THROWER: Thank you. Mr. Chairman and members of the committee, Mr. Washington has provided a sworn statement and Personal Data Questionnaire with detailed answers to questions regarding education, employment history, appropriate conduct and temperament of the office. That statement and questionnaire was provided to the committee members earlier and included in your notebooks. I have no concerns with any of those materials and would ask that they be entered into the public record at this time. Mr. Chairman, at this time I just want to ask a few questions behind tab four of the materials.
THE CHAIRMAN: All right.
EXAMINATION BY MS. THROWER:
Q. Mr. Washington, do you affirm that the answers you previously provided the committee on your Personal Data Questionnaire, sworn statement and the statement of economic interest are true and correct?
A. Yes, ma'am, I do.
Q. Do you or any member of your family own or operate any business which contracts with state or federal governments?
A. No, I do not.
Q. Do you or any member of your family own or operate any business which receives state or federal funds from the Employment Security Commission?
A. We do not.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
A. No, ma'am.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Mr. Washington, has a tax lien or a collection procedure ever been instituted against you personally by federal, state or local authorities?
A. No, ma'am.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association, or professional group?
A. No, I've not.
Q. Are you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?
A. No, I have not.
Q. Mr. Washington, do you know of any reason you would have difficulty performing the duties of this position?
A. No, I do not.
Q. As of this point you have made no campaign expenditures as of today; is that correct?
A. No, I have not.
Q. Have you sought or received the pledge of any legislator prior to this date?
A. No, I have not.
Q. Are you familiar with the pledging prohibitions of Title Eight, which prohibits a candidate for office elected by the General Assembly from seeking directly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office?
A. Yes, ma'am, I'm aware of that.
MS. THROWER: For the record, I would like to note that Mr. Washington's financial statement and credit check are available, if you all would like to review that. I've reviewed the documents and have no concerns with them.
BY MS. THROWER:
Q. Mr. Washington, my last question: If you would, briefly tell us about yourself and explain why you want to serve on the commission, continue serving.
A. Thank you very much. Mr. Chairman and members of this distinguished panel, thank you for allowing me to be here today. Of course, I have had the opportunity over the years to serve with all of
THE CHAIRMAN: Thank you, sir.
MS. THROWER: I have no further questions at this time.
THE CHAIRMAN: Members of the committee? You all are going to let him get by that easy?
THE VICE-CHAIRMAN: Good man.
SENATOR FORD: Tell us about the Presbyterian church.
MR. WASHINGTON: I think I will leave that up to Elder Smith to do that for you.
THE CHAIRMAN: We are clicking on the same burner on that, aren't we?
MR. WASHINGTON: Yes, sir.
THE CHAIRMAN: Well, Senator Washington, it's a pleasure to have you with us, and glad that you'll serve on this important commission, because I know you will do a good job. We will excuse you now, and we are going to vote on you as soon as you go out the door. I don't want you to see who votes against you now.
MR. WASHINGTON: Well, thank you so much, Mr. Chairman. And I want to thank the members of this committee for the support that you give to the Employment Security Commission and some of the
THE CHAIRMAN: Senator, Representative Scott had some concerns about a little more information on the financial. If you would, ask him what you think we need, Representative Scott, and he can get it for us.
REPRESENTATIVE SCOTT: Yes, sir. This was nothing skewed towards you, Senator. It was more skewed towards making sure that the trust fund maintained the level of dollars it needed to. I don't know how far you guys are along with doing an analysis. In the event the state may need to raise the rate to make sure you've got enough funds, so we don't end up going to the federal government to try to borrow a little money, so we can offset this thing early on, maybe with a little small increase until this market picks up a little bit.
MR. WASHINGTON: We're in pretty good shape right now, Representative Scott. We were much higher than we are now. We're still around about 400 million, I believe. This money comes from the employers, et cetera. We looked at what North Carolina did and what -- the condition that they're in now. They're in terrible, terrible trouble, because they had to do exactly what you're talking about. But because the legislature in South Carolina did what we did a few years ago, we're in pretty good shape at this particular point now. I don't think we necessarily need to talk about raising that at this point.
REPRESENTATIVE SCOTT: Thank you.
THE CHAIRMAN: Does that satisfy you?
REPRESENTATIVE SCOTT: Yes, sir.
SENATOR FORD: Mr. Chairman, I would like to ask the gentleman a question.
THE CHAIRMAN: Yes, sir.
SENATOR FORD: Senator, how many commissioners are in North Carolina; do you know? And how are they elected? Do they go through the same process that we go through?
MR. WASHINGTON: No, they are not. I don't think North Carolina --
SENATOR FORD: They're elected by popular vote from the public; right?
MR. WASHINGTON: No, no.
SENATOR FORD: They're not? The states that have popular election, how are they doing?
MR. WASHINGTON: We don't have any popular election of Employment Security Commissioners that I'm aware of. Either they are by the General Assembly or they're on the governor's.
SENATOR FORD: What's North Carolina?
MR. WASHINGTON: North Carolina, I think, is appointed with the advice and consent.
SENATOR FORD: So we can always blame the governor if we go to that system.
MR. WASHINGTON: Don't get me into that one.
SENATOR FORD: Mr. Chairman, one more question to you. This is to you. In your years in politics, have you ever known anybody to pay back the federal government, any government entity? I know the city, we borrowed a lot of money when I was on council.
THE CHAIRMAN: Charleston never paid nobody back.
THE CHAIRMAN: You didn't pay the state back.
SENATOR FORD: I thought that was a loan borrowed.
THE CHAIRMAN: I just don't have that information.
REPRESENTATIVE SCOTT: Mr. Chairman, I think he's trying to ease up out of his seat.
THE CHAIRMAN: We will let you go. We enjoyed having you. I don't want to keep you away from your work too long. As much as we pay you, I want you to work hard.
MR. WASHINGTON: Thank you so much.
THE CHAIRMAN: Did we vote on that? Representative Scott moves that we approve Senator Washington.
REPRESENTATIVE TAYLOR: Seconded.
THE CHAIRMAN: All in favor say aye, vote no. The ayes have it. We will recess until the other lady comes.
THE CHAIRMAN: We will call our committee back to order. And I am going to ask Ms. Martha to ask you a few questions, Ms. Becky.
MS. CRAIG: Ms. Richardson, if you would, raise your right hand to be sworn in.
(WITNESS SWORN.)
MS. CRAIG: Thank you. Ms. Richardson has provided a sworn statement and a Personal Data Questionnaire with detailed answers to questions regarding education, employment history, professional memberships and affiliations, appropriate conduct, office administration and temperament. That statement was provided to all commission members earlier and it's included in your notebook under
THE CHAIRMAN: So done.
EXAMINATION BY MS. CRAIG:
Q. If you will answer the following questions: Do you affirm that the answers you previously provided the committee on the Personal Data Questionnaire, the statement of economic interest, and the sworn statement are true and correct?
A. Yes. There would probably be one correction. My son, my youngest son, I said that he was an assistant manager at Starbucks.
THE CHAIRMAN: Turn your mic on.
MS. RICHARDSON: My youngest son, I think I stated in there that he was an assistant manager with Starbucks. This past week, he just took new employment. He's going to work for Standard Lighting. This is a company that my husband's son runs. So my son is going to work for my husband's son in sales at Standard Lighting in Charlotte, North Carolina.
BY MS. CRAIG:
Q. We will make note of that. Ms. Richardson, do you or any member of your family own or operate any business which contracts with state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives state or federal funds from the Employment Security Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
A. No, I have not.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?
A. No.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Have you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?
A. No, I have not.
Q. Do you know of any reason you would have difficulty performing the duties of this position?
A. No.
Q. Have you sought to receive the pledge of any legislator prior to this date?
A. No.
Q. Are you familiar with the pledging prohibitions found in Title Eight, which prohibits a candidate for an office elected by the General Assembly from directly seeking the pledge of a member until the qualifications have been published?
A. Yes, I'm very much aware of that.
Q. If you will, tell us briefly about yourself and explain why you would like to serve.
MS. CRAIG: Before I do that, let me tell the committee that her financial and her credit report were in good order, and they are available to anyone who wants to look at them on the committee.
MS. RICHARDSON: Thank you. I want to thank you for traveling down here and for waiting for me, even though I'm on time. And Senator Smith, I really would like to personally thank your staff for their assistance. They were so efficient and so helpful during the application process. You have good, dedicated people working for you.
THE CHAIRMAN: Great.
MS. RICHARDSON: My desire to serve on the Employment Security Commission is really a continuation of my service in the General Assembly. I want to take the same dedication to helping people in another capacity. And having served as chairman of House Ethics Committee for a number of years now, I know the importance of fairness and honesty and integrity, and I believe that I would be a very fair and impartial hearing officer in cases coming before the commission. I have a high energy level and a desire to work really hard to be the best commissioner possible.
THE CHAIRMAN: Thank you.
MS. RICHARDSON: Do you want me to say anything else?
THE CHAIRMAN: I think that covers it. What else?
MS. CRAIG: That's all of the questions I have.
THE CHAIRMAN: Do members of the committee have questions? You all are going to let her off that easy? Is there a motion?
THE VICE-CHAIRMAN: I make the motion.
THE CHAIRMAN: Representative Vaughn makes the motion that she be confirmed. Found worthy, well qualified and whatever else we need to find out about you. Is there a second to that? Seconded. All in favor say aye. All opposed no. The ayes have it. Just like falling off a log, wasn't it?
MS. RICHARDSON: Yes.
THE CHAIRMAN: We're glad to have you. I had to tease you a little bit.
MS. RICHARDSON: Thank you. I'm sorry that I didn't speed your process along.
THE CHAIRMAN: We needed a little break.
SENATOR FORD: Mr. Chairman, when will --
THE CHAIRMAN: Ms. Martha is going to tell us what's going to happen now.
SENATOR FORD: When are they able to get pledges?
MS. CRAIG: They cannot get pledges until the committee report is published in the journals of the House and the Senate. We will work with the clerks of the two bodies to have those printed in the journals on the first day of this session, which is January 13th. After that time, on Wednesday, the 14th, anytime after 10:00 a.m., they will be able to start seeking pledges. Also, there will be a joint resolution probably in -- going along with judicial screening to set the election for Wednesday, February the 4th. And then the newly elected commissioners would begin service on July 1st.
THE CHAIRMAN: Any other questions from members of the committee? Is there a motion that we adjourn?
SENATOR FORD: We abandoned.
THE CHAIRMAN: We abandoned.
(There being nothing further, the proceedings concluded at 3:38 p.m.)
The following persons were found qualified to be candidates in the Employment Security Commission election by a majority of the members of the Screening Committee:
Three Seats with four (4) year terms to begin on July 1, 2004:
J. William McLeod - Columbia
Becky R. Martin - Anderson
The candidates may begin to seek commitments after 10:00 a.m. on Wednesday, January 14, 2004.
Respectfully submitted,
/s/ J. V. Smith, Chairman
Employment Security Commission Screening Committee
Received as information.
The following was received:
July 11, 2003
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
STATEWIDE APPOINTMENT
Prisoner of War Commission
Term Commencing: July 1, 2001
Term Expiring: July 1, 2005
Seat: 3rd Congressional District
Vice: Jack H. Simmons (resigned)
Initial Appointment
Mr. Talmadge P. Callison
2719 County Farm Road
Greenwood, South Carolina 29646
864-227-1949-Office Phone
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
July 14, 2003
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
STATEWIDE APPOINTMENT
Prisoner of War Commission
Term Commencing: July 1, 2001
Term Expiring: July 1, 2005
Seat: 6th Congressional District
Reappointment
Mr. Charles R. Murray
200 Carolina Avenue
St. George, South Carolina 29477
803-563-4424-Office Phone
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
July 25, 2003
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
STATEWIDE APPOINTMENT
Prisoner of War Commission
Term Commencing: June 30, 2001
Term Expiring: June 30, 2005
Seat: 2nd Congressional District
Reappointment
Mr. William I. Pebley
148 George Addy Road
Little Mountain, South Carolina 29075
803-932-7658-Office Phone
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
September 24, 2003
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
LOCAL APPOINTMENT
Calhoun County Master-in-Equity
Term Commencing: August 14, 2003
Term Expiring: August 14, 2009
Seat: Master-in-Equity
Reappointment
The Honorable Thomas P. Culclasure
Post Office Box 183
St. Matthews, South Carolina 29135
803-874-4303
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
November 17, 2003
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
STATEWIDE APPOINTMENT
State Ethics Commission
Term Commencing: June 30, 2003
Initial Appointment
Mr. Marvin D. Infinger
Sinkler & Boyd
PO Box 340
Charleston, South Carolina 29402
843-722-3366
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
November 20, 2003
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
STATEWIDE APPOINTMENT
State Ethics Commission
Term Commencing: May 31, 2001
Term Expiring: May 31, 2005
Seat: 2nd Congressional District
Vice: L. Earle Brown (resigned)
Initial Appointment
Mr. Edward E. Duryea
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The SPEAKER ordered the following veto printed in the Journal:
June 18, 2003
The Honorable David H. Wilkins, Speaker
South Carolina House of Representatives
508 Blatt Building
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am returning H.3749 , R.127, the fiscal year 2003-04 General Appropriations Act, with the following vetoes:
Veto 1 Part 1A, Section 5N, Technical and Comprehensive Education Board, page 67, Motorcycle Safety Program, $118,675
Although it is my understanding this is an effective program, I am vetoing this item because it should be funded through tuition or general operating funds as would be the case with other technical college programs.
Veto 2 Part 1A, Section 56C, Governor's Office - Executive Policy & Programs, page 240, Poet Laureate, $1,200
I am vetoing this item because a Poet Laureate has been appointed who has agreed to serve in this position without honorarium.
I am vetoing this item because Palmetto Pride receives over $2.5 million in court fines annually. It is no longer necessary to appropriate general funds to the program.
Veto 4 Part 1A, Section 56C, Governor's Office - Executive Policy & Programs, Item III. A. 3., page 243, Commission on Women, $99,955
I am vetoing the appropriations for this commission, but the commission will remain intact. I will assign personnel assigned elsewhere in the Governor's office to provide part-time support.
Veto 5 Part 1A, Section 63, Budget and Control Board, page 264, S.C. Leadership, $60,045
I am vetoing this item because I believe a leadership program such as this should be funded exclusively by the participants and/or their organizations.
Veto 6 Part 1B, Section 8.34, Department of Health and Human Services, page 326, DHHS: Prescription Reimbursement Payment Methodology
I am vetoing this section because it unduly restricts the agency's ability to set prescription rates competitively.
Veto 7 Part 1B, Section 8.38, Department of Health and Human Services, page 326, DHHS: Medicaid Fiscal Impacts
I am vetoing this section because the reporting requirements are unduly cumbersome. However, I will instruct the agency director to issue an annual report to legislative leadership on the changes addressed in the section.
Veto 8 Part 1B, Section 8.40, Department of Health and Human Services, page 327, DHHS: Medication Exemptions
Veto 9 Part 1B, Section 8.47, Department of Health and Human Services, page 328, DHHS: SCRIPTS; Prescription Savings
I am vetoing this section because H.3586, R125 has been signed into law with a more realistic effective date, which renders this section unnecessary.
Veto 10 Part 1B, Section 19.6, State Museum, page 344, MUSM: Across-the-Board Cut Exemption
I am vetoing this section because it is inconsistent with the manner with which across-the-board cuts are administered within other agencies.
Veto 11 Part 1B, Section 19.9, State Museum, page 344, MUSM: Foundation Office Rent
I am vetoing this section because it is inconsistent with the manner with which other foundations are expected to reimburse the state for the use of facilities.
Veto 12 Part 1B, Section 19.10, State Museum, page 344, MUSM: Admissions Tax Exemption
I am vetoing this section because it is inconsistent with the manner in which other entities collect and remit the admissions tax.
Veto 13 Part 1B, Section 22.6, Department of Agriculture, page 346, AGRI: Commissioners' Funding
I am vetoing this section because the Commissioners' per diem rate should be subject to the same prioritization process as other expenditures when an agency is forced to reduce its budget.
Veto 14 Part 1B, Section 36.1, Department of Public Safety, page 361, DPS: Special Events Traffic Control
Veto 15 Part 1B, Section 36.27, Department of Public Safety, pages 364-365, DPS: Ten Year Driver's License
I am vetoing this section because S.342, R116 has been signed into law, which renders this section unnecessary.
Veto 16 Part 1B, Section 63.2, Budget and Control Board, page 395, BCB: Performance Excellence
I am vetoing this section as I am concerned that techniques such as Baldrige, and its antecedents TQM and MBO, too often emphasize process to the exclusion of substantive knowledge. Moreover, these techniques cultivate reliance upon a "one size fits all" management approach irrespective of the size or function of the agency. I would much prefer that agency management devote their time and attention acquiring advanced education in business, public administration or law. This is a better way of ensuring they possess the conceptual understanding to run dynamic organizations and serve the public effectively.
Veto 17 Part 1B, Section 63.40, page 400, BCB: Capitol Complex Rent Exemption
I am vetoing this section because it is inconsistent with the manner with which across-the-board cuts are administered within other agencies.
Veto 18 Part 1B, Section 63.47, page 401, BCB: McEachern Parking Facility
I am vetoing this section because it unduly micromanages an administrative function. It affords no flexibility to deviate from specific hours of operation for the statehouse parking garage for special events, holidays, weekends or disasters. The Budget and Control Board, under the direction of its five members, is the appropriate entity to set policy for the parking garage's hours of operation.
I am vetoing this section because S.550, R96 has been signed into law, which renders this section unnecessary.
Veto 20 I am vetoing the following distinctly labeled items from Part 1B, Section 73.2, Statewide Funding Requirements, pages 428-430, relating to transfers from subfunds and restricted accounts to the general fund, and the appropriation of such funds from the general fund:
Transfers to the general fund on page 428:
E16-State Treasurer's Office: $617 from Subfund 4066 Disaster Trust Fund
E16-State Treasurer's Office: $1,086 from Subfund 4732 General Ser Ds - Ins Res Fund
E16-State Treasurer's Office: $1,780 from Subfund 4895 Confiscated Cash
E23-Commission on Indigent Defense: $47,374 from Subfund 4313 Indigent Def Services Fund
F03-Budget and Control Board: $451 from Subfund 4153 Funded Debt-Sinking Fund
F03-Budget and Control Board: $12,142 from Subfund 4154 Ordinary Sinking Fund
F03-Budget and Control Board: $33,306 from Subfund 4202 State Life & Ltd.
F03-Budget and Control Board: $295,431 from Subfund 4343 SC Infrastructure Loan Fund
J04-Dept. of Health & Environmental Control: $193,983 from Subfund 4545 Waste Tire Grant Trust Fund
J04-Dept. of Health & Environmental Control: $84,335 from Subfund 4546 Petroleum Fund
Transfers to the general fund on page 429:
J04-Dept. of Health & Environmental Control: $458,305 from Subfund 4641 Haz Waste-Permitted Site Fd
J04-Dept. of Health & Environmental Control: $50,602 from Subfund 4865 Solid Waste Mgmt Trust Fund
J04-Dept. of Health & Environmental Control: $9,210 from Subfund 4971 Infectious Waste Contingency Fd
J04-Dept. of Health & Environmental Control: $468,008 from Subfund 4984 SUPERB Account
K05-Dept. of Public Safety: $23,641 from Subfund 4547 Uninsured Enforcement Fund
P24-Dept. of Natural Resources: $6,781 from Subfund 4189 SC Aquatic Plant Man Tr Fd
P24-Dept. of Natural Resources: $4,962 from Subfund 4373 Nongame Wildlife & Natural Areas
P24-Dept. of Natural Resources: $185,843 from Subfund 4395 Mitigation Trust Fund
P24-Dept. of Natural Resources: $48,338 from Subfund 4520 Heritage Land Trust Fund
P28-Dept. of Parks, Recreation & Tourism: $124,859 from Subfund 4126 PRT Development Fund
P28-Dept. of Parks, Recreation & Tourism: $82,176 from Subfund 4278 Recreation Land Trust
Y08-Public Railways Commission: $13,046 from Subfund 4816 Capital Improvement
Appropriations from the general fund on page 429
H03-Commission on Higher Education: Leadership Center Annualization $50,000
H03-Commission on Higher Education: Lottery Scholarship Administration $100,000
Appropriations from the general fund on page 430
F30-Budget and Control Board, Employee Benefits: Non-recurring Employee Benefits Operating Expenses $2,000,000
I am vetoing these items because they improperly strip funds from trust funds or restricted accounts, and transfer them to the general fund for purposes other than their dedicated purposes. While I appreciate the financial difficulty the state is currently experiencing, we should, and I hope we will together in the future, honor commitments previously made to utilize trust funds and restricted accounts for their intended purposes.
An example of the impropriety of stripping trust funds and restricted accounts for general fund purposes is the Nongame Wildlife and Natural Areas Fund. This fund is comprised of dollars voluntarily donated by South Carolina citizens. Permanent law requires that both principal and earnings from this fund be utilized for conservation purposes, which serves as the inducement for such voluntary donations. We breach our trust with the citizens of South Carolina if we expend these donated funds or their earnings for purposes other than that for which they were donated.
Veto 21 I am vetoing the following distinctly labeled items from Part 1B, Section 73.2, Statewide Funding Requirements, page 430, relating to appropriations of funds that are contingent upon receiving
A17-Legislative Printing & Information Technology Systems: Licenses $500,000
E28-Election Commission: $700,000 for HAVA Federal Match
F03-Budget and Control Board: $2,000,000 for Operating Expenses
H71-Wil Lou Gray Opportunity School: Operating Expenses $117,657
J16-Department of Disabilities and Special Needs: Special Olympics $50,000
K05-Department of Public Safety: Operating Expenses $1,000,000
L04-Department of Social Services: $2,300,000 for Operating Expenses for Child and Adult Services
L12-John De La Howe School: Operating Expenses $150,000
N12-Department of Juvenile Justice: $500,000 for Operating Expenses
P24-Department of Natural Resources: Operating Expenses $1,000,000
The items listed above are important expenditures. The HAVA appropriation, for example, would be utilized to secure a substantial federal match to modernize our voting machines and processes. The Special Olympics is certainly laudable, and the Department of Juvenile Justice is in need of funding to maintain services and address federal court mandates.
The problem with these items, however, is that they are not really funded. In essence, these appropriations are "wish list" spending in contravention of Section 11-11-140 (A) (2) which states, "In any bill or joint resolution appropriating general fund revenues, no surplus general
It is important that the integrity of our budgeting practices and compliance with Section 11-11-140 not be compromised. Items that merit funding should be funded with real dollars, not placed on a "wish list". This practice creates unrealistic expectations and avoids the prioritization and hard decisions that are necessary in our current budget environment. In the future I hope that items such as these, because of their merit, will be made priorities and funded as such in Part IA with Board of Economic Advisors certified revenue.
This inappropriate method of budgeting was once a regular practice, but to the credit of the General Assembly and the budget committees, it has subsided in recent years. We should resist the temptation to fall back into this poor budgetary practice because of the difficult budget situation confronting us. In difficult times it is imperative that we even more vigorously adhere to budgetary discipline rather than abandon it. Let us not head down the path of "wish list" spending once again after having come so far. We simply cannot afford to count on money we likely will never have, to fund important items of state government.
Veto 22 I am vetoing the following distinctly labeled item from Part 1B, Section 73.2, Statewide Funding Requirements, page 430, relating to appropriations of funds that are contingent upon receiving more than $5 million in abandoned property from the demutualization of insurance companies:
Any additional revenues realized from demutualization shall be used to fund the State Employee Health Plan.
I am vetoing this item for the same reasons given for Veto 20.
For the reasons stated above, and pursuant to the authority granted to the Office of the Governor by Article IV, Section 21 of the South Carolina Constitution, I am vetoing the specific sections and items of
In conclusion, a major concern regarding the budget this year is the manner in which the General Assembly rolled up multiple and often unrelated items in single Part 1A lines or Part 1B provisos. In exercising my veto power I have acted within the parameters of Article IV, Section 21 of the South Carolina Constitution and vetoed distinct items or sections. However, as I analyze the budget, at times whether a provision is a distinct item or section as envisioned by Article IV, Section 21 has been blurred.
Vetoes 20, 21 and 22 are consistent with Article IV, Section 21 of the South Carolina Constitution, which requires the General Assembly to appropriate money in "distinct items and sections", and authorizes the Governor to veto "items or sections" in appropriations bills. In Drummond v. Beasley 331 S.C. 559, 503 S.E.2d 455 (1998), the South Carolina Supreme Court construed Article IV, Section 21 and concluded the Governor can veto "those parts labeled by the legislature as items or sections" in an appropriations bill. Black's Law Dictionary defines an "item" in an appropriation as "an indivisible sum of money dedicated to a stated purpose".
The items I have vetoed are distinct items for the purposes of Article IV, Section 21 in that they are clearly labeled as distinct and specific funds from which specific sums of money are transferred to the general fund, and the purposes for which these transferred funds are appropriated are likewise distinct and specifically labeled.
I would remind the General Assembly that while my veto power is limited by our Constitution to distinct sections or items, the General Assembly has a constitutional mandate to "specify the objects and purposes for which [appropriations] are made, and appropriate to them respectively their several amounts in distinct items and sections." Article IV, Section 21.
I respect the legislative function and appreciate the hard work that goes into writing a budget. However, I would ask the General Assembly to address this issue next year by passing a budget that is itemized or divided into sections that more explicitly address specific objects and purposes as called for by the Constitution. Such a budget
Forty-three other governors in this nation possess the authority to veto specific sections or items in appropriations bills, and we are heading down a path that severely undermines this authority in South Carolina. We cannot afford to alter this essential component of the balance of powers doctrine that is central to our constitutional form of government.
An unfortunate consequence of continuing to budget like this will inevitably be the veto of large items or sections that include meritorious provisions, just to address objectionable matters. I do not suspect any of us desire that outcome.
I look forward to working together in a spirit of cooperation and mutual respect toward the goal of disciplined budgetary practices and cooperative service to the citizens of South Carolina.
Respectfully submitted,
Mark Sanford
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3806 (Word version), R.128, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE DARLINGTON COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION
This bill is special legislation that would allow the Darlington County School District to set its calendar for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R.163 into law on July 23, 2003. Accordingly, this bill is not necessary.
For this reason, I am returning H. 3806, R.128 to you without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
State House
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4176 (Word version), R.131 an Act:
TO AMEND ACT 231 OF 1993, RELATING TO THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, SO AS TO REDUCE THE MEMBERSHIP OF THE BOARD FROM NINE MEMBERS TO EIGHT MEMBERS.
This veto is based on my belief that H. 4176, R.131 is unconstitutional. The bill proposes to decrease the number of members on the Board of Election and Registration for Union County. As such, H. 4176, R.131, affects only Union County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII,
For this reason, I am returning H. 4176, R.131 to you without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3254 (Word version), R.158, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE SCHOOL DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
This bill is special legislation that would allow Sumter County School Districts 2 and 17 to set their respective calendars for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361,
For this reason, I am returning H. 3254, R.158 to you without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3255 (Word version), R.159, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICTS OF AIKEN COUNTY, EDGEFIELD COUNTY, AND MCCORMICK COUNTY MUST BE SET BY THE GOVERNING BODY OF THE DISTRICTS IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
This bill is special legislation that would allow the Aiken, Edgefield, and McCormick School Districts to set their respective calendars for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R.163 into law on July 23, 2003. Accordingly, this bill is not necessary.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3257 (Word version), R.160, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT ONE AND RICHLAND COUNTY SCHOOL DISTRICT TWO, LEXINGTON COUNTY SCHOOL DISTRICTS ONE, TWO, THREE, AND FOUR, AND LEXINGTON/RICHLAND SCHOOL DISTRICT FIVE, AND YORK COUNTY SCHOOL DISTRICTS ONE THROUGH FOUR MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
This bill is special legislation that would allow Richland County School District One and Richland County School District Two, Lexington County School Districts One, Two, Three, and Four, and Lexington/Richland School District Five, and York County School Districts One through Four to set their respective calendars for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361,
For this reason, I am returning H. 3257, R.160 to you without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3281 (Word version), R.161, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
This bill is special legislation that would allow School District No. 2 of Anderson County to set its calendar for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R.163 into law on July 23, 2003. Accordingly, this bill is not necessary.
For this reason, I am returning H. 3281, R.161 to you without my signature.
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3385 (Word version), R.164, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
This bill is special legislation that would allow the Kershaw County School District to set its calendar for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R.163 into law on July 23, 2003. Accordingly, this bill is not necessary.
For this reason, I am returning H. 3385, R.164 to you without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3465 (Word version), R.169, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS NO. 50 AND 52 IN GREENWOOD COUNTY, SCHOOL DISTRICT NO. 51 IN GREENWOOD AND LAURENS COUNTIES, AND SCHOOL DISTRICTS NO. 55 AND 56 IN LAURENS COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
This bill is special legislation that would allow School Districts No. 50 and 52 in Greenwood County, School District No. 51 in Greenwood and Laurens Counties, and School Districts No. 55 and 56 in Laurens County to set their respective calendars for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R.163 into law on July 23, 2003. Accordingly, this bill is not necessary.
For this reason, I am returning H. 3465, R.169 to you without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3470 (Word version), R.170, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SALUDA SCHOOL DISTRICT ONE MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
This bill is special legislation that would allow Saluda School District One to set its calendar for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R.163 into law on July 23, 2003. Accordingly, this bill is not necessary.
For this reason, I am returning H. 3470, R.170 to you without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3941 (Word version), R.175 a Joint Resolution:
TO POSTPONE UNTIL PROPERTY TAX YEARS BEGINNING AFTER 2003 THE IMPLEMENTATION OF THE REVISED VALUES DETERMINED IN THE COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAM CONDUCTED IN COLLETON COUNTY IN 2001.
This Joint Resolution is special legislation that would give Colleton County the authority to postpone implementation of the revised values determined in its 2001 countywide appraisal and equalization program. The purpose of this Joint Resolution has been accomplished by general law, Act 69, S. 274, R.138, which gives all counties the authority to postpone implementation of reassessment program values for an additional property tax year. I signed S. 274, R.138 into law on June 18, 2003. Accordingly, H. 3941, R.175 is not necessary.
This veto is also based on my belief that H. 3941, R.175 is unconstitutional. Since this Joint Resolution affects only Colleton County, it violates Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted."
For these reasons, I am returning H. 3941, R.175 to you without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4269 (Word version), R.178, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF ALLENDALE COUNTY SCHOOL DISTRICT, BAMBERG COUNTY SCHOOL DISTRICTS ONE AND TWO, BARNWELL COUNTY SCHOOL DISTRICTS NINETEEN, TWENTY-NINE, AND FORTY-FIVE, CALHOUN COUNTY SCHOOL DISTRICT, HAMPTON COUNTY SCHOOL DISTRICTS ONE AND TWO, AND ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS THREE, FOUR, AND FIVE MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
This bill is special legislation that would allow Allendale County School District, Bamberg County School Districts One and Two, Barnwell County School Districts Nineteen, Twenty-Nine, and Forty-Five, Calhoun County School District, Hampton County School Districts One and Two, and Orangeburg County Consolidated School Districts Three, Four, and Five to set their respective calendars for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R.163 into law on July 23, 2003. Accordingly, this bill is not necessary.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4270 (Word version), R.179, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF CHESTER COUNTY SCHOOL DISTRICT, FAIRFIELD COUNTY SCHOOL DISTRICT, FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 OF FLORENCE COUNTY, AND UNION COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
This bill is special legislation that would allow Chester County School District, Fairfield County School District, Florence County School Districts 1, 2, 3, 4, and 5 of Florence County, and Union County School District to set their respective calendars for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R.163 into law on July 23, 2003. Accordingly, this bill is not necessary.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4285 (Word version), R.181, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICTS OF MARION COUNTY MUST BE SET BY THE COUNTY SCHOOL BOARD IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
This bill is special legislation that would allow the School Districts of Marion County to set their respective calendars for the 2003-2004 school year. The purpose of this bill has been accomplished by a general law, H. 3361, R.163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R.163 into law on July 23, 2003. Accordingly, this bill is not necessary.
For this reason, I am returning H. 4285, R.181 to you without my signature.
The SPEAKER ordered the following veto printed in the Journal:
August 20, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3052 (Word version), R.154. This veto is based upon my belief that Section 9 of this bill is unduly burdensome and imposes unnecessary regulatory restrictions on a specific group of small businesses in South Carolina.
This bill mandates that nonfranchise automobile dealers complete at least eight hours of prelicensing education courses before they may be issued a license to sell automobiles. These prelicensing requirements do not apply to franchise automobile dealers. I believe government regulations must protect its citizens in a manner that is not unfairly and unduly burdensome to any private industry, including small businesses. This bill unfairly requires mandatory educational training of certain small business licensees when other similar businesses are free from such government regulation. More importantly, prelicensing requirements of this nature are effectively a barrier to entry for a particular group of automobile dealers in the State's automobile sales industry. The State can protect automobile consumers in a less restrictive manner.
Although I do not object to the remaining sections of H. 3052, R.154, the South Carolina Constitution prevents me from vetoing specific objectionable provisions of this bill. Also, Sections 3 through 8 of this bill were adopted in S. 495, R.143, Act 71 and signed by me on June 25, 2003.
Sincerely,
Mark Sanford
Governor
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Nurse Anesthetists the Members of the House of Representatives and their staff are invited to a breakfast. This event will be held on Wednesday, January 21, 2004, from 8:00 a.m. until 9:30 a.m. in Room 221 of the Blatt Building.
Sincerely,
Jill Carmichael
S.C.A.N.A. President
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Palmetto Conservation Foundation the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, January 14, 2004, from 8:00 a.m. until 9:30 a.m. at the Capital City Club.
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Medical Association the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, January 14, 2004, beginning at 12:00 noon at the Adam's Mark Hotel.
Sincerely,
Boyce Tollison, MD
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the City Council and staff of the City of Columbia the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, January 14, 2004, from 6:00 p.m. until 8:00 p.m. at the South Trust Building.
Sincerely,
Robert D. Coble
Mayor
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
On behalf of the South Carolina Broadcasters Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, January 15, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Shani White
Executive Director
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the National Federation of the Blind of South Carolina the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, January 21, 2004, from 12:00 noon until 2:00 p.m. in Room 221 of the Blatt Building.
Sincerely,
Donald C. Capps, Chairman
Legislative Committee
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Society of Professional Engineers and the American Council of Engineering Companies of South Carolina the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, January 21, 2004, from 7:30 p.m. until 9:30 p.m. at the Summit Club.
Sincerely,
Sherri L. Cox
Executive Director
Dear Chairman Leach:
On behalf of the National Cosmetology Association of South Carolina the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, January 22, 2004, from 8:00 a.m. until 10:00 a.m.
Sincerely,
Tami Floyd-Fogleman
NCASC President
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Telephone Association the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, January 27, 2004, from 5:30 p.m. until 8:00 p.m. at the Columbia Museum of Art.
Sincerely,
J. D. Pate
Executive Director
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
On behalf of the Harry R. E. Hampton Memorial Wildlife Fund and the South Carolina Chapter of the National Wild Turkey Federation, the Members of the House of Representatives and their staff are invited to a reception. This event will be held on Tuesday, January 20, 2004, from 6:00 p.m. until 8:00 p.m. at the South Carolina State Museum.
Sincerely,
Cary D. Chamblee
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Bankers Association the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, January 13, 2004, from 6:00 p.m. until 8:00 p.m. at the Adam's Mark Hotel.
Sincerely,
E. Anne Gillespie
Senior Vice President
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Manufacturers Alliance the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, January 29, 2004, beginning at 8:00 a.m. at the Clarion Town House Hotel.
Sincerely,
Kimberly V. Bearden
Vice President for Government Relations and General Counsel
Dear Chairman Leach:
On behalf of the Clarion Town House Hotel, the Members and staff of the House of Representatives are invited to an Oyster Roast and Frogmore Stew. This event will be held on Wednesday, January 28, 2004, from 6:00 p.m. until 9:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Dee Simons
Director of Sales
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the American Institute of Architects South Carolina, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, January 28, 2004, from 12:00 p.m. until 2:00 p.m. at the Capital City Club.
Sincerely,
Tracey B. Waltz
Executive Director
November 25, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Christian Schools the Members of the House of Representatives are invited to a breakfast.
The following were received and referred to the appropriate committees for consideration:
Document No. 2857
Agency: Department of Health and Environmental Control
Statutory Authority: 44-1-140 and 44-1-140(11)
Manufacture, Distribution and Sale of Frozen Dairy Foods and Frozen Desserts
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2004
Document No. 2841
Agency: Forestry Commission
Statutory Authority: 1976 Code Sections 48-23-10 et seq. and Section 50-1-90
General Regulations on South Carolina Forestry Commission Lands
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2004
Document No. 2845
Agency: Department of Labor, Licensing and Regulation - Occupational Health and Safety Review Board
Statutory Authority: 41-15-610(a)
Failure to Appear
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2004
Document No. 2868
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-18-110, 59-29-10, 59-29-200, 59-33-30, and 59-53-1810
Defined Program, Grades 9-12
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Education and Public Works Committee
Legislative Review Expiration May 11, 2004
Document No. 2859
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-7-265
Standards for Licensing Freestanding or Mobile Technology
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2004
Document No. 2855
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10 et seq.
Water Classifications and Standards
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2004
Document No. 2870
Agency: Department of Labor, Licensing and Regulation, Division of Labor, Office of Occupational Safety and Health
Statutory Authority: 1976 Code Section 41-15-210
Recordkeeping
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2004
Document No. 2844
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Sections 59-112-10 through 59-112-100
Determination of Rates of Tuition and Fees
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Education and Public Works Committee
Legislative Review Expiration May 11, 2004
Document No. 2856
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-140(4); 1-23-10;-110
Soft Drink Bottling Plants
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2004
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4412 (Word version) -- Reps. Mahaffey, Altman, M. A. Pitts, J. Brown and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55 SO AS TO PROVIDE THAT A PERSON WHO POSSESSES A BEGINNER'S PERMIT MAY NOT OPERATE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR ANOTHER WIRELESS COMMUNICATIONS DEVICE, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION.
Referred to Committee on Education and Public Works
H. 4413 (Word version) -- Reps. Cato, Vaughn, Cotty and Leach: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.
Referred to Committee on Labor, Commerce and Industry
H. 4415 (Word version) -- Reps. J. Brown, Bales, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford, Scott and J. E. Smith: A BILL TO AMEND SECTION 59-53-1710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO REMOVE THE TERM LIMITATION FOR THE MEMBERS OF THE COMMISSION.
Referred to Committee on Education and Public Works
H. 4416 (Word version) -- Reps. G. R. Smith, J. R. Smith, Tripp, Vaughn and Leach: A BILL TO AMEND SECTION 56-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VISION SCREENINGS REQUIRED FOR THE RENEWAL OF A DRIVER'S LICENSE, AND PENALTIES FOR OPERATING A MOTOR VEHICLE WHEN ITS OPERATOR'S VISION IS DEFECTIVE, SO AS TO PERMIT A PERSON WHOSE DEGREE OF VISION IS LESS THAN 20/40 BUT BETTER THAN 20/200 TO OBTAIN A DRIVER'S LICENSE AND OPERATE A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Education and Public Works
H. 4417 (Word version) -- Reps. Altman, M. A. Pitts and Leach: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES THAT ARE DEFINED AS VIOLENT CRIMES, SO AS TO PROVIDE THAT BOTH LYNCHING IN THE FIRST AND SECOND DEGREE ARE VIOLENT CRIMES; TO AMEND SECTION 24-21-620, AS AMENDED, RELATING TO THE PAROLE BOARD'S REVIEW OF
H. 4418 (Word version) -- Reps. J. R. Smith, G. R. Smith, Vaughn, Cotty, Weeks, Leach and Mahaffey: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ALLOW A MEMBER OF THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT AND HIS ELIGIBLE DEPENDENTS TO PARTICIPATE IN THE PLANS UPON PAYING THE FULL PREMIUM COST OF THE COVERAGE AND TO REQUIRE THE BOARD OF TRUSTEES BY RESOLUTION TO AUTHORIZE ITS MEMBERS TO PARTICIPATE IN THE PLAN.
Referred to Committee on Labor, Commerce and Industry
H. 4419 (Word version) -- Reps. Neilson, Vaughn, Cotty and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-350 SO AS TO REGULATE THE LOCATION OF AN ADULT BUSINESS ESTABLISHMENT WHEN THERE EXISTS NO LOCAL ZONING ORDINANCE AND TO PROVIDE DEFINITIONS RELATING TO THE REGULATION.
Referred to Committee on Judiciary
H. 4421 (Word version) -- Reps. White, Cooper, Vaughn, Cotty, Altman, Sandifer, Leach and Mahaffey: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO PROVIDE THAT THE ASSESSMENT NOTICE RESULTING FROM A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM MUST PROVIDE AN ESTIMATED PROPERTY TAX LIABILITY BASED ON THE REVISED VALUE AND THE ROLLBACK MILLAGE.
Referred to Committee on Ways and Means
H. 4422 (Word version) -- Reps. Altman, Viers and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-694 SO AS TO PROVIDE THAT THE STATE AND POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, MUST NOT ACCEPT A "MATRICULA CONSULAR" ISSUED BY THE UNITED MEXICAN STATES AS A FORM OF IDENTIFICATION.
Referred to Committee on Judiciary
H. 4423 (Word version) -- Reps. White, Cooper, Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO PROVIDE THAT THE ROLLBACK MILLAGE RATE OTHERWISE APPLICABLE FOR THE PROPERTY TAX YEAR IN WHICH THE VALUES DETERMINED IN A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM ARE IMPLEMENTED MAY NOT BE INCREASED
H. 4424 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 4-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES AND USE TAXES OR TOLLS FOR THE CONSTRUCTION OF TRANSPORTATION FACILITIES IN A COUNTY, SO AS TO PROVIDE THAT IF THE IMPOSITION OF A COUNTY SALES AND USE TAX FOR TRANSPORTATION FACILITIES IS NOT APPROVED IN THE REQUIRED REFERENDUM OR FOR ANY REASON THE TAX WAS NOT IMPOSED AFTER THE REQUIRED REFERENDUM, THEN A SUBSEQUENT REFERENDUM FOR SUCH AN IMPOSITION MAY NOT BE HELD BEFORE THE SECOND STATEWIDE GENERAL ELECTION AFTER THE REFERENDUM AND TO PROVIDE THAT IF A REFERENDUM TO IMPOSE TOLLS FOR TRANSPORTATION FACILITIES IS NOT APPROVED OR FOR ANY REASON THE TOLLS WERE NOT IMPOSED AFTER THE REQUIRED REFERENDUM, A SUBSEQUENT ELECTION FOR SUCH AN IMPOSITION MAY NOT BE HELD WITHIN FOUR YEARS AFTER THE DATE IN WHICH WAS HELD THE REFERENDUM.
Referred to Committee on Ways and Means
H. 4426 (Word version) -- Reps. Kirsh, Vaughn, Stille, Cotty, Altman, E. H. Pitts, Walker and Mahaffey: A BILL TO AMEND SECTION 8-11-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LEAVE AND THE LUMP-SUM PAYMENT FOR UNUSED LEAVE FOR STATE EMPLOYEES UPON TERMINATION OF EMPLOYMENT, SO AS TO PROVIDE THAT A TEACHER AND EMPLOYEE RETENTION INCENTIVE EMPLOYEE PROGRAM (TERI)) PARTICIPANT IS NOT ELIGIBLE TO RECEIVE A LUMP-SUM PAYMENT FOR UNUSED ANNUAL LEAVE EARNED WHILE PARTICIPATING IN THE TERI PROGRAM AND TO GIVE THIS PROVISION PROSPECTIVE EFFECT.
Referred to Committee on Ways and Means
H. 4427 (Word version) -- Reps. Kirsh, Vaughn, Stille, Cotty, Altman and Witherspoon: A BILL TO CLOSE THE TEACHER AND
H. 4428 (Word version) -- Reps. Wilkins, Harrison, Stille, Cotty, E. H. Pitts, Kirsh, Walker and Leach: A BILL TO AMEND SECTION 56-5-2933, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO SUBSTITUTE THE TERM "ARREST" FOR THE TERM "TRAFFIC STOP", CONFORM APPLICABILITY PROVISIONS TO ARRESTS ONLY, DELETE THE PROHIBITION OF ARRESTS PURSUANT TO TRAFFIC ROADBLOCKS OR DRIVER'S LICENSE CHECKPOINTS, DELETE THE SPECIFIC ENUMERATION OF CERTAIN TYPES OF EVIDENCE THAT MAY BE INTRODUCED RELATING TO A PERSON'S ALCOHOL CONCENTRATION, AND TO DELETE A PROVISION PERTAINING TO JURY INSTRUCTIONS; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE ADMINISTERED CERTAIN CHEMICAL TESTS, AND THE ADMINISTRATION OF CERTAIN TESTS AND THEIR RESULTS AND INFERENCES, SO AS TO DELETE A PROVISION THAT PROVIDES THAT THE FAILURE TO COMPLY WITH POLICIES, PROCEDURES, AND REGULATIONS PROMULGATED BY SLED RESULTS IN THE EXCLUSION FROM EVIDENCE OF TEST RESULTS UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-5-2953, AS AMENDED, RELATING TO VIDEOTAPING OF THE INCIDENT SITE AND BREATH SITE, SO AS TO DELETE THE REQUIREMENT THAT A PERSON MUST BE ADVISED OF HIS MIRANDA RIGHTS BEFORE A FIELD SOBRIETY TEST MAY BE ADMINISTERED AND TO DELETE THE REQUIREMENT THAT THE READING OF THE MIRANDA RIGHTS MUST BE VIDEOTAPED AT THE BREATH SITE.
Referred to Committee on Judiciary
H. 4429 (Word version) -- Reps. Lucas and Cotty: A BILL TO AMEND SECTION 15-49-10, AS AMENDED, CODE OF LAWS OF SOUTH
H. 4430 (Word version) -- Reps. Taylor, Cotty and Leach: A BILL TO AMEND SECTION 20-7-8920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, ALE, WINE, MALT, OR OTHER FERMENTED BEVERAGE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNDER THE AGE OF TWENTY-ONE TO ATTEMPT TO PURCHASE SUCH A BEVERAGE AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A PERSON UNDER THE AGE OF TWENTY-ONE ACTING UNDER THE DIRECT SUPERVISION OF A LAW ENFORCEMENT AGENCY; AND TO AMEND SECTION 20-7-8925, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF ALCOHOLIC LIQUORS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNDER THE AGE OF TWENTY-ONE TO ATTEMPT TO PURCHASE ALCOHOLIC LIQUORS AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A PERSON UNDER THE AGE OF TWENTY-ONE ACTING UNDER THE DIRECT SUPERVISION OF A LAW ENFORCEMENT AGENCY.
Referred to Committee on Judiciary
H. 4431 (Word version) -- Reps. Neilson, Vaughn, Altman and Leach: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS AND DUTIES OF PARENTS CONCERNING THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT EACH PARENT HAS A RIGHT TO PARTICIPATE IN DECISIONS ABOUT A CHILD'S MEDICAL PROCEDURE AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Judiciary
H. 4432 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO DEFINE 'CONVICTION', PROVIDE A STATUTORY PROCEDURE FOR OBTAINING
H. 4433 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-130 SO AS TO PROHIBIT THE REQUIREMENT BY AN EMPLOYER THAT A PROSPECTIVE EMPLOYEE DISCLOSE HIS SOCIAL SECURITY NUMBER IN AN INITIAL APPLICATION FOR EMPLOYMENT, AND TO PROVIDE FOR THE DISCLOSURE OF THE SOCIAL SECURITY NUMBER OF AN APPLICANT UPON HIS ACCEPTANCE OF EMPLOYMENT OR UPON HIS ACCEPTANCE OF EMPLOYMENT CONTINGENT ON A SATISFACTORY BACKGROUND CHECK, IF HE HAS RECEIVED WRITTEN NOTICE THAT A BACKGROUND CHECK IS REASONABLY REQUIRED FOR THE POSITION; AND TO AMEND SECTION 41-1-65, RELATING TO IMMUNITY FOR EMPLOYERS DISCLOSING CERTAIN INFORMATION, SO AS TO PROVIDE THAT THE IMMUNITY DOES NOT APPLY TO AN EMPLOYER WHO RELEASES AN APPLICATION FOR EMPLOYMENT IN WHICH THE PROSPECTIVE EMPLOYEE HAS DISCLOSED HIS SOCIAL SECURITY NUMBER.
Referred to Committee on Labor, Commerce and Industry
H. 4434 (Word version) -- Reps. Wilkins, Vaughn, Taylor, Stille, Cotty, Altman, Viers, E. H. Pitts, Sandifer, Harvin, Walker and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1526 SO AS TO PROVIDE THAT AN EXPENDITURE OF STATE FUNDS UNDER CONTRACT THROUGH A GOVERNMENTAL BODY FOR TELEMARKETING SERVICES REQUIRES CONTRACT PROVISIONS THAT THE SERVICES MUST BE PERFORMED IN THE UNITED STATES AND THAT ONLY UNITED STATES CITIZENS AND PERSONS AUTHORIZED TO WORK IN THE UNITED STATES MAY BE EMPLOYED; AND TO AMEND SECTION 16-17-445, RELATING TO REGULATION OF UNSOLICITED TELEPHONE CALLS, SO
H. 4435 (Word version) -- Reps. Kirsh, Vaughn and Stille: A BILL TO AMEND SECTION 12-21-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO IMPOSE A TAX ON CIGARETTE ROLLING PAPER; AND TO AMEND SECTION 16-17-500, AS AMENDED, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO CLARIFY THAT IT IS UNLAWFUL TO SUPPLY CIGARETTE ROLLING PAPER TO MINORS, TO REVISE PENALTIES FOR VIOLATION, TO PROVIDE THAT A VIOLATION MUST BE TRIED IN MAGISTRATE'S COURT, AND TO PROVIDE FOR DISBURSEMENT OF FINES COLLECTED.
Referred to Committee on Ways and Means
H. 4436 (Word version) -- Reps. Vaughn, Stille, Altman and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 68 TO TITLE 59 SO AS TO AUTHORIZE A PROGRAM OF SCHOOL CHOICE FOR STUDENTS IN FAILING SCHOOLS, STUDENTS NOT PERFORMING UP TO GRADE LEVEL, STUDENTS OF A CERTAIN INCOME LEVEL, AND ON A PHASE-IN BASIS FOR ALL STUDENTS IN GRADES K-12 UNDER SPECIFIED CONDITIONS AND REQUIREMENTS.
Referred to Committee on Education and Public Works
H. 4437 (Word version) -- Reps. Witherspoon, Miller, Clemmons, Viers and Leach: A JOINT RESOLUTION TO PROVIDE A NONBINDING REFERENDUM AT THE TIME OF THE 2004 GENERAL ELECTION TO ASCERTAIN THE WISHES OF THE QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER THE STATE OF SOUTH CAROLINA SHOULD HAVE A UNIFORM STARTING DATE FOR ALL PUBLIC SCHOOLS NOT BEFORE LABOR DAY OF EACH YEAR.
Referred to Committee on Education and Public Works
H. 4439 (Word version) -- Reps. G. R. Smith and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 47 SO AS TO ENACT THE "SOUTH CAROLINA ANIMAL ECOLOGICAL TERRORISM ACT" WHICH PROVIDES PENALTIES CIVIL AND CRIMINAL FOR PERSONS ENCOURAGING, FINANCING, ASSISTING, OR ENGAGING IN ACTS OF ANIMAL AND ECOLOGICAL TERRORISM AS DEFINED IN THE CHAPTER, AND REQUIRES THE ESTABLISHMENT OF A REGISTRY OF ANIMAL AND ECOLOGICAL TERRORISTS WITHIN THE OFFICE OF THE ATTORNEY GENERAL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4440 (Word version) -- Reps. Limehouse, Clemmons and Altman: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.
Referred to Committee on Ways and Means
H. 4441 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-7-315 SO AS TO PROVIDE THAT NO CLAIM FOR INJURY OR DISEASE FILED ON OR AFTER JULY 1, 2004, SERVES AS THE BASIS FOR REIMBURSEMENT TO AN EMPLOYER OR
H. 4442 (Word version) -- Reps. Townsend, Walker, Mahaffey and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-110 SO AS TO REQUIRE A COLLEGE OR UNIVERSITY WITH A TEACHER EDUCATION PROGRAM TO REQUIRE A COURSE ON THE STUDY OF CLASSROOM ORGANIZATION AND MANAGEMENT TECHNIQUES.
Referred to Committee on Education and Public Works
H. 4443 (Word version) -- Reps. Townsend, Altman, Walker, Mahaffey and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-150 SO AS TO ALLOW A SCHOOL BOARD TO IMPLEMENT VIDEO SURVEILLANCE IN CERTAIN AREAS ON PUBLIC SCHOOL PROPERTY; AND TO PROVIDE THAT A SCHOOL BOARD SHALL ADOPT WRITTEN PROCEDURES TO GOVERN THE IMPLEMENTATION OF THESE VIDEO CAMERAS.
Referred to Committee on Education and Public Works
H. 4444 (Word version) -- Reps. Lucas and Altman: A BILL TO AMEND SECTIONS 44-25-20, 44-25-40, 44-25-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE INTERSTATE COMPACT ON MENTAL HEALTH, SO AS TO REPLACE THE TERM "INSTITUTION" WITH THE TERM "MENTAL HEALTHCARE FACILITY".
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4445 (Word version) -- Reps. Rice, Vaughn and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE SCHOOL CHOICE ACT OF 2004; BY ADDING ARTICLE 3, CAROLINA PUBLIC SCHOOL DISTRICT, TO CHAPTER 17, TITLE 59; TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; TO PROVIDE FOR AN ACADEMIC PASSPORT, THE AMOUNT OF AN ACADEMIC PASSPORT, AND THE ELIGIBILITY OF A STUDENT TO
H. 4446 (Word version) -- Reps. Taylor and Altman: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE IN CUSTODY AND VISITATION CASES LITIGANTS ARE ENTITLED TO A VERBATIM COPY OF THE TRANSCRIPT AND THAT THE COST OF THE TRANSCRIPT MAY NOT EXCEED TWO DOLLARS PER PAGE; TO ADD SECTION 20-7-1541 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE MUST ESTABLISH A PROCEDURE FOR THE STORAGE OF TAPES OR OTHER SONIC RECORDINGS IN A GOVERNMENT FACILITY; AND TO ADD SECTION 20-7-1542 SO AS TO AUTHORIZE A PARTY IN A CUSTODY OR VISITATION PROCEEDING TO RECORD THE PROCEEDING IF THERE IS NO ACTIVE INTERFERENCE WITH THE CONDUCT OF THE HEARING.
Referred to Committee on Judiciary
H. 4449 (Word version) -- Reps. Umphlett, Harvin, Altman and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-150 SO AS TO EXEMPT FROM ACROSS-THE-BOARD REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD AMOUNTS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT AS SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTRARS OF DEEDS, COUNTY AUDITORS, AND COUNTY TREASURERS.
Referred to Committee on Ways and Means
H. 4450 (Word version) -- Reps. Vaughn, Altman, Allen, Walker, Leach and Mahaffey: A BILL TO AMEND SECTION 12-43-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGULAR COUNTYWIDE REASSESSMENT PROGRAMS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REQUIRE AS PART OF THE REASSESSMENT PROGRAM EACH PARCEL OF IMPROVED REAL PROPERTY TO BE VISITED BY PERSONNEL OF THE ASSESSOR'S OFFICE IN THE TWO YEARS ENDING WITH THE COMPLETION OF THE REASSESSMENT PROGRAM, TO REQUIRE THE DATE AND TIME OF THE VISIT TO BE NOTED ON THE REASSESSMENT NOTICE, AND TO PROVIDE THAT THE FAILURE TO COMPLETE A VISIT ON A TIMELY BASIS BEFORE THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM THE PROGRAM REQUIRES THE PARCEL TO BE VALUED AT THE VALUE USED IN THE PRECEDING PROPERTY TAX YEAR.
Referred to Committee on Ways and Means
H. 4451 (Word version) -- Reps. G. M. Smith, Altman and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
H. 4453 (Word version) -- Reps. Sheheen, Jennings and Altman: A BILL TO AMEND SECTION 19-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIFE EXPECTANCY TABLE FOR CIVIL LITIGATION, SO AS TO UPDATE THE TABLE USING THE 2001 COMMISSIONERS STANDARD ORDINARY MORTALITY TABLE.
Referred to Committee on Judiciary
H. 4454 (Word version) -- Reps. Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-140 SO AS TO PROVIDE THAT FOR CERTAIN POLITICAL SUBDIVISIONS OF THIS STATE THAT WERE CREATED TO OPERATE HOSPITALS ON A LOCAL OR REGIONAL BASIS, THE ABILITY TO CALL FOR OR CONDUCT ADVISORY OR BINDING REFERENDA REGARDING THEIR ACTIVITIES SHALL REST SOLELY WITH THE GOVERNING BOARD OF THE POLITICAL SUBDIVISION AND THE GOVERNMENTAL BODIES WHICH APPOINT THE BOARD, INCLUDING A COUNTY LEGISLATIVE DELEGATION.
Referred to Committee on Judiciary
H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach and Clark: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE
H. 4456 (Word version) -- Reps. Vaughn and Altman: A BILL TO AMEND SECTION 48-1-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES COLLECTED UNDER THE POLLUTION CONTROL ACT, SO AS TO REQUIRE COUNTIES RECEIVING THESE FUNDS TO EXPEND THEM FOR ENVIRONMENTAL EMERGENCIES AND REMEDIATION AND TO PROVIDE FOR THE TRACKING OF THESE RECEIPTS AND EXPENDITURES; TO AMEND SECTION 48-2-330, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, SO AS TO REQUIRE THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, TO ESTABLISH A SEVEN HUNDRED AND FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND TO PROVIDE FOR USE OF THESE FUNDS; AND TO ADD SECTION 48-2-350 SO AS TO PROVIDE COMPLIANCE ASSISTANCE TO THE REGULATED COMMUNITY ON AN AS-NEEDED BASIS.
Referred to Committee on Ways and Means
H. 4457 (Word version) -- Reps. Harrison, Delleney, W. D. Smith, Talley, Clemmons, Cotty, Walker, Kirsh and Mahaffey: A BILL TO AMEND SECTION 15-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS THAT MUST BE TRIED IN THE COUNTY WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING A CORPORATION'S PRINCIPLE PLACE OF BUSINESS; TO AMEND SECTION 15-7-100, RELATING TO CHANGING THE PLACE OF TRIAL, SO AS TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO CHANGE THE PLACE OF TRIAL; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO CLARIFY THAT THE SECTION APPLIES ONLY TO CAUSES OF ACTION SPECIFICALLY ENUMERATED
H. 4458 (Word version) -- Reps. Harrison, Delleney, W. D. Smith, Talley, Taylor, Clemmons, Cotty, Simrill, Walker and Kirsh: A BILL TO AMEND CHAPTER 36, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT, SO AS TO REPLACE THE EXISTING PROVISIONS OF THE CHAPTER WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PRO SE LITIGANT ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE THAT THE SIGNATURE CONSTITUTES CERTIFICATION THAT THE ACTION IS NOT FRIVOLOUS OR INTERPOSED FOR DELAY, AND TO PROVIDE SANCTIONS.
Referred to Committee on Judiciary
H. 4459 (Word version) -- Reps. Harrison, Delleney, W. D. Smith, Talley, Taylor, Clemmons, Cotty, Simrill, Walker and Kirsh: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTE OF LIMITATIONS FOR FILING AN ACTION FOR A CONSTRUCTION DEFECT, SO AS TO DECREASE THE STATUTE OF REPOSE FROM THIRTEEN TO EIGHT YEARS.
Referred to Committee on Judiciary
H. 4460 (Word version) -- Reps. Harrison, Delleney, W. D. Smith, Talley, Taylor, Clemmons, Cotty, Simrill and Walker: A BILL TO AMEND SECTIONS 40-59-820, 40-59-840, AND 40-59-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DWELLING DEFECTS, SO AS TO SUBSTITUTE THE TERM "IMPROVEMENT TO REAL PROPERTY" FOR THE TERMS "DWELLING" AND "RESIDENTIAL IMPROVEMENT", TO PROVIDE A DEFINITION FOR THE TERM "IMPROVEMENT TO REAL PROPERTY", TO PROVIDE THAT THE STATUTE OF LIMITATIONS IS TOLLED UNTIL A CLAIM IS DENIED OR REPAIRS ARE COMPLETED, AND TO PROVIDE THAT THE CLAIMANT MAY PROCEED WITH A CIVIL ACTION IF A
H. 4461 (Word version) -- Reps. Harrison, Delleney, W. D. Smith, Talley, Taylor, Clemmons, Cotty, Simrill and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-31-25 SO AS TO ESTABLISH A PREJUDGMENT LEGAL RATE OF INTEREST EQUAL TO THE PRIME RATE AS LISTED IN THE WALL STREET JOURNAL PLUS TWO PERCENT AND TO AMEND SECTION 34-31-20, AS AMENDED, RELATING TO THE POSTJUDGMENT LEGAL RATE OF INTEREST, SO AS TO PROVIDE THE RATE OF INTEREST IS EQUAL TO THE PRIME RATE AS LISTED IN THE WALL STREET JOURNAL PLUS FOUR PERCENT.
Referred to Committee on Judiciary
H. 4462 (Word version) -- Reps. Harrison, Delleney, W. D. Smith, Taylor, Clemmons and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-33-140 SO AS TO PROVIDE FOR A BIFURCATED TRIAL IN CIVIL ACTIONS TRIED BEFORE A JURY WHEN PUNITIVE DAMAGES ARE SOUGHT.
Referred to Committee on Judiciary
H. 4463 (Word version) -- Reps. Harrison, Delleney, W. D. Smith, Taylor, Clemmons, Cotty, Simrill and Kirsh: A BILL TO AMEND CHAPTER 38, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONTRIBUTION AMONG TORTFEASORS ACT, SO AS TO INCREASE THE TIME IN WHICH A CLAIMANT MAY OPEN A JUDGMENT TO TWO YEARS, TO ABOLISH JOINT AND SEVERAL LIABILITY, AND TO PROVIDE FOR CONTRIBUTORY LIABILITY AMONG TORTFEASORS.
Referred to Committee on Judiciary
H. 4464 (Word version) -- Reps. W. D. Smith, Taylor, G. M. Smith, Clemmons and Walker: A BILL TO ENACT THE "MEDICAL MALPRACTICE AND PATIENT SAFETY REFORM ACT" BY ADDING TITLE 15,
H. 4465 (Word version) -- Reps. Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR THE PERSON OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT FEDERAL INCOME TAX BRACKETS ARE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX.
Referred to Committee on Ways and Means
H. 4466 (Word version) -- Reps. Vaughn and Altman: A BILL TO REPEAL SECTION 6-27-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON AMENDMENTS OR REPEAL OF PROVISIONS OF THE STATE AID TO SUBDIVISIONS ACT EXCEPT BY MEANS OF SEPARATE LEGISLATION ENACTED SOLELY FOR THAT PURPOSE.
Referred to Committee on Ways and Means
H. 4467 (Word version) -- Reps. Vaughn, Altman, Kirsh, Leach and Mahaffey: A BILL TO AMEND SECTION 12-45-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR PAYING PROPERTY TAXES AND THE REQUIREMENT FOR TAX NOTICES AND RECEIPTS, SO AS TO REQUIRE THE TAX NOTICE FOR THE PROPERTY TAX YEAR BEFORE THE PROPERTY TAX YEAR IN WHICH THE VALUES DETERMINED IN THE COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM ARE IMPLEMENTED, TO CONTAIN A NOTICE PROJECTING THE PROPERTY TAX DUE ON THE PROPERTY FOR THE IMPLEMENTATION TAX YEAR USING THE REVISED VALUES AND THE ROLLBACK MILLAGE.
Referred to Committee on Ways and Means
H. 4468 (Word version) -- Reps. Vaughn and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-275, SO AS TO REPLACE CALCULATION AND
H. 4469 (Word version) -- Reps. Herbkersman and Simrill: A BILL TO AMEND SECTION 6-1-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE IMPOSITION OF A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY, SO AS TO AUTHORIZE A MUNICIPALITY TO IMPOSE THE TAX OR FEE IF ANOTHER MUNICIPALITY LOCATED IN THE SAME COUNTY WAS IMPOSING THE FEE BEFORE JANUARY 1, 1991, BY PETITION AND APPROVAL OF THE LEGISLATIVE DELEGATION OF THAT COUNTY, AND TO ALLOW A COUNTY OR MUNICIPALITY TO IMPOSE A TRANSFER FEE IN AN AMOUNT NOT TO EXCEED ONE-QUARTER OF ONE PERCENT OF THE VALUE OF THE REAL PROPERTY, AND TO REQUIRE FEE PROCEEDS TO BE CREDITED TO A SEPARATE FUND AND USED EXCLUSIVELY TO ACQUIRE OR IMPROVE OPEN SPACES WITHIN THE APPLICABLE JURISDICTION.
Referred to Committee on Ways and Means
H. 4471 (Word version) -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-165 SO AS TO PROVIDE THAT THE EDITOR OF THE SOUTH CAROLINA LEGISLATIVE MANUAL SHALL ASK THE PRIMARY SPONSOR OF AN ENACTED BILL OR JOINT RESOLUTION WHICH DESIGNATES ANY MATTER, THING, UNDERTAKING, OR ACTIVITY AS AN OFFICIAL STATE MATTER, THING, UNDERTAKING, OR ACTIVITY WHETHER OR NOT THE MEMBER WISHES HIS NAME TO APPEAR IN THE LEGISLATIVE MANUAL AS THE PRIMARY SPONSOR OF THE BILL OR JOINT RESOLUTION, AND TO PROVIDE FOR THE INCLUSION OF THE MEMBER'S NAME IN THE MANUAL AS THE PRIMARY SPONSOR OF THE BILL OR JOINT RESOLUTION IF HE SO DESIRES.
Referred to Committee on Judiciary
H. 4472 (Word version) -- Reps. Cato, Wilkins, Altman, G. M. Smith, Sandifer, Simrill, Walker, Kirsh, Leach and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA HEALTH CARE FINANCIAL RECOVERY ACT" WHICH REQUIRES AN INSURER PROVIDING PAYMENT OR REIMBURSEMENT FOR HEALTH CARE SERVICES TO ACCEPT CERTAIN STANDARDIZED CLAIM FORMS, TO PROVIDE THAT ELIGIBLE CLAIMS PROPERLY SUBMITTED ARE DUE AND PAYABLE BY THE INSURER WITHIN FORTY-FIVE DAYS OF THE DATE RECEIVED, TO REQUIRE AN INSURER TO NOTIFY A CLAIMANT WITHIN FIFTEEN DAYS IF THE CLAIM IS NOT ELIGIBLE AND TO STATE THE REASONS FOR FAILING TO PAY THE CLAIM, TO REQUIRE AN INSURER WHO PAYS OR REIMBURSES HEALTH CARE PROVIDERS THROUGH CAPITATION METHODS TO MAKE PAYMENTS WITHIN FORTY-FIVE DAYS OF THE PROVIDER RENDERING OR BEING RESPONSIBLE FOR RENDERING THE HEALTH
H. 4473 (Word version) -- Reps. Cato and Sandifer: A BILL TO AMEND SECTION 58-9-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A TELEPHONE UTILITY TO BE GRANTED A CERTIFICATE OF NECESSITY BEFORE THE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO PROVIDE THAT TELECOMMUNICATIONS CARRIERS THAT HAVE ELECTED TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B) SHALL PROVIDE THESE CONTRACTS TO THE PUBLIC SERVICE COMMISSION AS REQUIRED; AND TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO THE ELECTION A LOCAL EXCHANGE CARRIER MAY MAKE WITH REGARD TO ITS REGULATION, SO AS TO DEFINE "ABUSE OF MARKET POSITION" AND REQUIRE THE COMMISSION TO RESOLVE COMPLAINTS WITHIN ONE HUNDRED TWENTY DAYS, TO DEFINE "BUNDLED OFFERING" AND "CONTRACT OFFERING" AND TO PROHIBIT THE COMMISSION FROM REGULATING A BUNDLED OFFERING OR CONTRACT OFFERING BY A CARRIER AND REQUIRE A CARRIER TO ADHERE TO AN ALTERNATIVE REGULATORY PLAN UNTIL IT EXPIRES OR IS TERMINATED BY THE COMMISSION, WHICHEVER IS SOONER.
Referred to Committee on Labor, Commerce and Industry
H. 4474 (Word version) -- Reps. Clemmons, Altman and Mahaffey: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS
H. 4475 (Word version) -- Reps. Harrell, W. D. Smith, Wilkins, Altman, Bingham, Ceips, Chellis, Clark, Cotty, Davenport, Edge, Frye, Gilham, Hagood, Hamilton, Harrison, Haskins, Hinson, Huggins, Koon, Leach, Limehouse, Littlejohn, Mahaffey, Martin, Merrill, E. H. Pitts, Quinn, Rice, Richardson, Simrill, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, White, Witherspoon, Young, Sandifer and Kirsh: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, AND TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.
Referred to Committee on Ways and Means
H. 4477 (Word version) -- Reps. Limehouse 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 AUTISM TRAINING TASK FORCE OF SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, AND TO PROVIDE FOR THE DUTIES OF THE SOUTH CAROLINA AUTISM SOCIETY AND THE TASK FORCE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4478 (Word version) -- Reps. Snow, Altman and Kirsh: A BILL TO AMEND SECTION 40-6-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO PROVIDE THAT AN AUCTIONEER WHO IS SIXTY-FIVE YEARS OF AGE AND HAS BEEN LICENSED AS AN AUCTIONEER FOR TWENTY-FIVE YEARS OR MORE IS EXEMPT FROM THE ANNUAL CONTINUING EDUCATION REQUIREMENT.
Referred to Committee on Labor, Commerce and Industry
H. 4479 (Word version) -- Reps. Wilkins, Harrison, Cotty, G. M. Smith and Kirsh: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, BY ADDING ARTICLE 6 SO AS TO ESTABLISH BOTH A TARGETED RELEASE PLAN AND AN ALTERNATIVE
H. 4480 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-5 SO AS TO ABOLISH THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION AND TRANSFER ALL ASSETS AND EMPLOYEES TO A NEW DIVISION OF WORKERS' COMPENSATION IN THE SOUTH CAROLINA DEPARTMENT OF INSURANCE; BY ADDING SECTION 42-7-315 SO AS TO PROVIDE THAT NO CLAIM FOR INJURY OR DISEASE FILED AFTER JULY 1, 2004, SERVES AS A BASIS FOR REIMBURSEMENT OF SUMS PAID BY AN EMPLOYER OR INSURANCE CARRIER PURSUANT TO THE PROVISIONS OF SECTIONS 42-9-400 AND 42-9-410; TO AMEND SECTIONS 42-1-80, AS AMENDED, 42-1-560, CHAPTER 3, TITLE 42, 42-5-20, 42-5-190, 42-7-200, ALL AS AMENDED, 42-7-310, AS AMENDED, 42-11-170, 42-13-80, 42-13-90, 42-13-100, 42-13-110, 42-15-55, 42-
H. 4481 (Word version) -- Reps. Ceips, Harvin, Altman, G. M. Smith, Vaughn, Weeks and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWER, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, FOR THE PURPOSE OF ENHANCING THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSISTING DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, INCLUDING SALE OR LEASE OF STATE PROPERTY AND DISCOUNTED UTILITY RATES, AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 53 IN TITLE 11, ENACTING THE SOUTH CAROLINA MILITARY VALUE ENHANCEMENT BOND ACT, SO AS TO
H. 4482 (Word version) -- Reps. Cotty, Altman, G. M. Smith, Davenport, Coates, J. Brown, Richardson, Kirsh, Owens, Weeks, Clark, Harrison, J. R. Smith and E. H. Pitts: A BILL TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT PLANNING, BY ADDING ARTICLE 11 SO AS TO ENACT THE "FEDERAL DEFENSE FACILITIES UTILIZATION INTEGRITY PROTECTION ACT" WHICH PROVIDES PROCESSES AND PROCEDURES WHEREBY LOCAL PLANNING ENTITIES AND OFFICIALS MUST CONSIDER CERTAIN MATTERS AND TAKE CERTAIN ACTIONS IN REGARD TO DEVELOPMENT IN AREAS CONTIGUOUS TO FEDERAL MILITARY INSTALLATIONS LOCATED IN SOUTH CAROLINA.
Referred to Committee on Ways and Means
H. 4506 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 1-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON WOMEN, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE A SEPARATE AND AUTONOMOUS STATE AGENCY NOT A PART OF THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 1-30-110, RELATING TO CERTAIN BOARDS, COMMISSIONS, AND COMMITTEES BEING A PART OF THE OFFICE OF THE GOVERNOR, SO AS TO DELETE THE COMMISSION ON WOMEN.
Referred to Committee on Judiciary
H. 4507 (Word version) -- Rep. Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-265 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REQUIRE COUNTYWIDE TOLL-FREE CALLING TO BE PROVIDED BY ALL TELEPHONE UTILITIES
H. 4508 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN LAURENS COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. DUNCAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4509 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.
Referred to Committee on Ways and Means
H. 4510 (Word version) -- Rep. Townsend: A JOINT RESOLUTION TO PROVIDE FUNDING FOR A STUDY TO DETERMINE THE EFFECTIVENESS OF NATIONAL BOARD CERTIFICATION IN IMPROVING STUDENT OUTCOMES AS REQUIRED BY THE 2003-2004 GENERAL APPROPRIATIONS, PART 1B, SECTION 1, PARAGRAPH 1.79.
Referred to Committee on Education and Public Works
H. 4511 (Word version) -- Rep. Branham: A BILL TO REVISE THE METHOD BY WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 3 ARE ELECTED AND TO REDESIGNATE THE LINES OF DISTRICTS FROM WHICH THEY ARE ELECTED.
Referred to Florence Delegation
The following was introduced:
H. 4425 (Word version) -- Reps. M. A. Pitts, Duncan, Vaughn, Taylor, Leach and Mahaffey: A CONCURRENT RESOLUTION TO EXPRESS THE CONCERN OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR SOUTH CAROLINA INDUSTRY AND THE JOBS IT PROVIDES AND TO MEMORIALIZE THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO ABROGATE, RESCIND, OR OTHERWISE RENEGOTIATE THIS NATION'S MEMBERSHIP IN OR RELATIONSHIP WITH THE WORLD TRADE ORGANIZATION, THE GENERAL AGREEMENT ON TARIFFS AND TRADE, AND THE NORTH AMERICAN FREE TRADE AGREEMENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4483 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION TO MAKE THE FEDERAL TAX CUTS PROPOSED BY PRESIDENT BUSH AND ENACTED BY CONGRESS SINCE 2001 PERMANENT.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4484 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS OF THE UNITED STATES TO SUPPORT NO INCREASES IN PAYROLL TAXES, NO CUTS TO SOCIAL SECURITY BENEFITS, AND OPTIONAL SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4485 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION TO ABOLISH THE DEATH TAX PERMANENTLY.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4486 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE THE SENATE OF THE UNITED STATES TO ALLOW A TIMELY VOTE ON THE FLOOR OF THE UNITED STATES SENATE ON ALL JUDICIAL NOMINATIONS MADE BY PRESIDENT BUSH WHO HAVE BEEN FAVORABLY REPORTED BY THE JUDICIARY COMMITTEE.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4487 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO SUPPORT PRESIDENT BUSH'S EFFORT TO PROTECT THE UNITED STATES FROM TERRORISTS, DANGEROUS AUTHORITARIAN REGIMES, AND WEAPONS OF MASS DESTRUCTION.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4488 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION TO GIVE FIRST
On motion of Rep. SANDIFER, with unanimous consent, the following was taken up for immediate consideration:
H. 4489 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO JESSICA DIANE EDDINS, MISS SOUTH CAROLINA 2003, AND ALL THE CONTESTANTS COMPETING FOR THE MISS SOUTH CAROLINA 2004 TITLE, ON WEDNESDAY, APRIL 28, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to Jessica Diane Eddins, Miss South Carolina 2003, and all the contestants competing for the Miss South Carolina 2004 title, on Wednesday, April 28, 2004, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated.
The Resolution was adopted.
The following was introduced:
H. 4490 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO CELEBRATE THE LIFE AND GOOD WORKS OF REVEREND ISAAC JENKINS, PASTOR OF THE HOLY ROCK MISSIONARY BAPTIST CHURCH IN ST. STEPHEN, ONE OF SOUTH CAROLINA'S MOST ADMIRED PREACHERS WHOSE LIFE HAS BEEN A TESTAMENT TO HIS FAITH AND BELIEF IN GOD.
The Resolution was adopted.
On motion of Rep. W. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 4491 (Word version) -- Reps. Wilkins, W. D. Smith, Chellis, Witherspoon, Townsend, Harrison, Cato, J. Brown and Harrell: A HOUSE RESOLUTION TO PROVIDE THAT PURSUANT TO RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, SPECIFIED MEMBERS OF THE STAFF OF THE GOVERNOR BY SPECIAL LEAVE OF THE HOUSE MAY BE ADMITTED IN THE OUTER DOORS OF THE CHAMBER AND ARE GRANTED THE PRIVILEGE OF THE HOUSE FLOOR UNDER CERTAIN CONDITIONS DURING THE 2004 SESSION OF THE GENERAL ASSEMBLY.
Be it resolved by the House of Representatives:
That pursuant to Rule 10.1 of the Rules of the House of Representatives, the following members of the staff of the Governor by special leave of the House may be admitted in the outer doors of the Chamber and are granted the privilege of the House floor during the 2004 session of the General Assembly:
(1) Chad Walldorf
(2) Tom Davis
(3) Carl Blackstone
The Resolution was adopted.
On motion of Rep. G. R. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 4492 (Word version) -- Rep. G. R. Smith: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO STEPHEN THOMPSON OF SIMPSONVILLE ON WEDNESDAY, JANUARY 14, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING HIM FOR HIS DEDICATION AND ACCOMPLISHMENTS IN THE FIELD OF KARATE AND THE MARTIAL ARTS.
That the privilege of the floor of the House of Representatives is extended to Stephen Thompson of Simpsonville on Wednesday, January 14, 2004, at a time to be determined by the Speaker, for the purpose of recognizing him for his dedication and accomplishments in the field of karate and the martial arts.
The Resolution was adopted.
On motion of Rep. VAUGHN, with unanimous consent, the following was taken up for immediate consideration:
H. 4493 (Word version) -- Reps. Vaughn and Leach: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS OF THE 2003 GREER HIGH SCHOOL FOOTBALL TEAM AND HEAD COACH TRAVIS PERRY ON WEDNESDAY, JANUARY 14, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR OUTSTANDING STATE CHAMPIONSHIP WIN FOR THE CLASS AAA STATE FOOTBALL CROWN.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina extend the privilege of the floor to the members of the 2003 Greer High School Football Team and Head Coach Travis Perry on Wednesday, January 14, 2004, at a time to be determined by the Speaker, for the purpose of congratulating them on their outstanding State Championship win for the Class AAA State Football Crown.
The Resolution was adopted.
The following was introduced:
H. 4494 (Word version) -- Reps. Vaughn and Leach: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF
The Resolution was adopted.
The following was introduced:
H. 4495 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION TO PROVIDE FOR LIFETIME AND RETIREMENT SAVINGS ACCOUNTS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. J. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 4496 (Word version) -- Rep. J. Brown: A HOUSE RESOLUTION TO RECOGNIZE FRIDAY, FEBRUARY 6, 2004, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY" AND JOIN IN THE EFFORTS THROUGHOUT THE NATION TO PROMOTE ORAL HEALTH AWARENESS.
Whereas, dental decay is five times more common than asthma and seven times more common than hay fever; and
Whereas, an estimated twenty-three million children in America are without dental insurance; and
Whereas, the future is, to a large measure, dependent on the good health of our families; and
Whereas, good health can be achieved in part through access to regular oral health care, good oral health habits learned early and reinforced throughout life. Now, therefore,
That the members of the South Carolina House of Representatives, by this resolution, recognize Friday, February 6, 2004, as "South Carolina Give Kids A Smile Day" and join in the efforts throughout the nation to promote oral health awareness.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Dental Association.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 4497 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Harrell, J. Brown, Cato, Witherspoon, Townsend and Chellis: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN A JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 21, 2004, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Be it resolved by the House of Representatives, the Senate concurring:
That His Excellency, Marshall Clement (Mark) Sanford, Jr., Governor of the State of South Carolina, is invited to address the General Assembly in a joint session at 7:00 p.m. on Wednesday, January 21, 2004, in the Chamber of the South Carolina House of Representatives.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4498 (Word version) -- Reps. Huggins and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE JESSICA DIANE EDDINS
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4499 (Word version) -- Rep. G. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE STEPHEN THOMPSON OF SIMPSONVILLE FOR HIS DEDICATION AND ACCOMPLISHMENTS IN THE FIELD OF KARATE AND THE MARTIAL ARTS AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4500 (Word version) -- Reps. Wilkins, Cato, Cooper, Dantzler, Duncan, Jennings, Leach, J. M. Neal, Ott, Rhoad, Sandifer, Sheheen, Skelton, Snow, Stewart, Townsend, Umphlett, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Richardson, Rivers, Rutherford, Scarborough, Scott, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE
Whereas, the 2003 Clemson University Football Team, under the leadership of Head Coach Tommy Bowden, topped off a winning season with a tremendous victory over the University of Tennessee "Volunteers" in the Chick-Fil-A Peach Bowl, in Atlanta, Georgia; and
Whereas, after defeating a third-ranked Florida State University team on November 8, Clemson went on to upset the sixth-ranked Tennessee "Volunteers" by a 24-17 victory, making the 2003 season the second season in school history that Clemson defeated two Top Ten teams in the same year; and
Whereas, with its victory in the Chick-Fil-A Peach Bowl, the 2003 Clemson Football Team became the first Clemson team to defeat Tennessee since 1919 and Head Coach Tommy Bowden moved into eighth place among the winningest active coaches in Division I college football; and
Whereas, the 2003 Clemson Football Team showcased their talent in the Chick-Fil-A Peach Bowl with Quarterback Charlie Whitehurst setting an ACC record for passing yardage by a sophomore with 3,561 yards and Derrick Hamilton leading the ACC in all-purpose running yardage; and
Whereas, with Clemson's selection to the Chick-Fil-A Peach Bowl, Tommy Bowden becomes the first coach in ACC history to take a league team to a bowl game in each of his first five years with a program; and
Whereas, the Clemson Tigers finished the 2003 season with an overall record of 9-4 and ranked 22nd overall in the final Associated Press and ESPN/USA Today Coach's Poll; and
Whereas, Head Coach Tommy Bowden and his coaching staff have given the Clemson Tiger fans much to look forward to for the 2004 football season and if the win on January 2, 2004, is any indication, the "Tigers" will have a high-powered, fierce season of football in 2004; and
Whereas, the General Assembly, along with the citizens of the great State of South Carolina, are extremely proud of Head Coach Tommy Bowden, his assistant coaches, and of course, the fine young athletes which comprise the Clemson Football Team; and
Whereas, the success of the 2003 Clemson Football Team has brought pride not only to the University, its loyal alumni and supporters, and the enthusiastic and spirited fans, but also to the citizens of the Palmetto State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, extend their sincere congratulations to the 2003 Clemson University "Tigers" Football Team and Head Coach Tommy Bowden on their outstanding winning season and applaud the Clemson "Tigers" on their tremendous victory in the 2003 Chick-Fil-A Peach Bowl.
Be it further resolved that a copy of this resolution be forwarded to Head Coach Tommy Bowden.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4501 (Word version) -- Reps. Wilkins, Cato, Cooper, Dantzler, Duncan, Jennings, Leach, J. M. Neal, Ott, Rhoad, Sandifer, Sheheen, Skelton, Snow, Stewart, Townsend, Umphlett, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Richardson, Rivers, Rutherford, Scarborough, Scott, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HEAD FOOTBALL COACH TOMMY BOWDEN OF CLEMSON UNIVERSITY ON THE OCCASION OF BEING NAMED THE 2003 ACC COACH OF THE YEAR FOR THE SECOND TIME IN HIS FIVE-YEAR CAREER AT CLEMSON.
Whereas, the members of the General Assembly note with pride the remarkable accomplishment of Head Coach Tommy Bowden on being named the 2003 ACC Coach of the Year; and
Whereas, Tommy was born on July 10, 1954, in Birmingham, Alabama, and is the son of proud parents Bobby and Ann Bowden; and
Whereas, Coach Bowden is married to the former Linda Joan White, whom he first met when the two were in school together at Morgantown High School in West Virginia. The couple has two children, Ryan and Lauren; and
Whereas, Tommy Bowden's Clemson Tigers defeated his father Bobby's Florida State Seminoles in the 2003 "Bowden Bowl" match-up which took place in Clemson's Death Valley Stadium; and
Whereas, Clemson's 26-10 win over third-ranked Florida State was Clemson's first win over the Seminoles since 1989, and it was the highest ranked team Clemson has beaten in its school history; and
Whereas, perhaps the most poignant win for Coach Bowden was the 63-17 win at the University of South Carolina which was the most points Clemson has ever scored against the Gamecocks and the 46-point victory margin was the most by Clemson over the Gamecocks since 1900; and
Whereas, with the victory over South Carolina, Bowden became the first coach in NCAA history to defeat two 200-win or better coaches in the same month, including his father with over 300 wins and Lou Holtz with over 200; and
Whereas, earlier in the year, Clemson defeated Georgia Tech 39-3 in Atlanta, the largest margin of victory for Clemson in that series since 1900, and Clemson also defeated a bowl-bound and top 25 Virginia team 30-27 in overtime on October 11; and
Whereas, with Clemson's selection to the Peach Bowl, Tommy Bowden becomes the first coach in ACC history to take a league team to a bowl game in each of his first five years with a program; and
Whereas, Clemson showed great improvement over the course of the season and finished the regular season second in the ACC in total offense and third in total defense, joining ACC Champions Florida State as the only two teams to finish in the top three in the league in both areas; and
Whereas, in early 2003, Clemson ranked 11th in the nation, second among public institutions in the NCAA graduation rate study for scholarship football signees who entered Clemson in 1999, and the retention rate for Coach Bowden's five years of signees is 91 percent, better than the University of South Carolina's 89.5 percent retention rate for all students; and
Whereas, Tommy Bowden has said that this award is a testament to our players and assistant coaches, and that he is especially proud of the senior leadership the Clemson Tigers have had this year; and
Whereas, Bowden now joins Frank Howard and Charley Pell as the only two-time Clemson recipients of the ACC Coach of the Year Award and Clemson now with eight awards has had more ACC Coach of the Year selections than any other league team; and
Whereas, being named ACC Coach of the Year is a great honor, because ACC is a very competitive league with outstanding coaches, and Coach Bowden has proven himself to be part of these esteemed ranks; and
Whereas, the General Assembly, along with the citizens of the great State of South Carolina, are extremely proud of Head Coach Tommy Bowden, his assistant coaches, and, of course, the fine young athletes which comprise the Clemson Football Team; and
Whereas, the members of the General Assembly recognize the extraordinary achievements of Head Coach Tommy Bowden on being named the ACC Coach of the Year for the second time during his five-year term at Clemson University and join Clemson fans in fevered anticipation of next year in Death Valley. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina offer their congratulations and best wishes to Head Football
Be it further resolved that a copy of this resolution be forwarded to Coach Tommy Bowden.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4502 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. LURIE FOSTER FOR HIS DEDICATION TO THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH AND FOR HIS FIFTY-ONE YEARS OF CONTINUOUS SERVICE AS THE SANTA CLAUS FOR THE DEPARTMENT OF MENTAL HEALTH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4503 (Word version) -- Reps. J. R. Smith, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES HOUSE OF REPRESENTATIVES TO ENACT H.RES. 103 WHICH ESTABLISHES A SELECT COMMITTEE ON POW AND MIA AFFAIRS IN THE UNITED STATES HOUSE OF REPRESENTATIVES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4504 (Word version) -- Rep. Altman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY IN CONJUNCTION WITH THE DEPARTMENT OF MOTOR VEHICLES TO STUDY WHAT TYPES OF ADDITIONAL DRIVERS' LICENSES OR SUPPLEMENTAL QUALIFICATIONS OR ENDORSEMENTS TO EXISTING DRIVERS' LICENSES ARE NEEDED IN SOUTH CAROLINA AS A RESULT OF THE INCREASED SIZES AND TYPES OF PASSENGER OR CARGO VEHICLES WHICH MAY BE OPERATED BY INDIVIDUALS WITHOUT A COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE THAT THE REPORT SHALL BE SUBMITTED TO BOTH HOUSES OF THE GENERAL ASSEMBLY BY JUNE 1, 2004.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4505 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. DEEPAL S. ELIATAMBY, P.E., FOR HIS CONTINUED SERVICE TO HIS COMMUNITY AND THE STATE THROUGH HIS EXPERTISE IN CIVIL ENGINEERING AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. G. M. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 4512 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, J. H. Neal, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty,
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Sumter County Wilson Hall "Barons" Football Team, Head Coach Eddie Talley, and other school officials, on Wednesday, January 28, 2004, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on their collaborative efforts and hard work in capturing the South Carolina Independent Schools Association 2003 Class AAA State Football Championship Title.
The Resolution was adopted.
The following was introduced:
H. 4513 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, J. H. Neal, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF SOUTH CAROLINA TO THE FAMILY OF MR. CORDES "CODY" PALMER, SR., OF SUMTER WHO DIED DURING THE LEGISLATIVE INTERIM AND TO MEMORIALIZE HIS GOOD WORKS AND GENEROSITY TO THE PEOPLE OF SUMTER COUNTY.
The Resolution was adopted.
The following was introduced:
H. 4514 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, J. H. Neal, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon,
The Resolution was adopted.
The following was introduced:
H. 4515 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, J. H. Neal, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND DR. WILLIAM F. "TED" YOUNG OF SUMTER ON RECEIVING THE PRESTIGIOUS 2003 CAREER ACHIEVEMENT AWARD FROM THE SOUTH CAROLINA CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS HONORING HIS
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4516 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, J. H. Neal, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE WILSON HALL "BARONS" FOOTBALL TEAM OF SUMTER COUNTY ON ITS VICTORY IN THE 2003 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AAA STATE CHAMPIONSHIP GAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
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 Haskins Herbkersman J. 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 G. R. 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 Young
I came in after the roll call and was present for the Session on Tuesday, January 13.
Jackie Hayes Alex Harvin
The SPEAKER granted Rep. M. HINES a leave of absence for the week due to attending the last week of Master in Divinity Classes.
The SPEAKER granted Rep. J. E. SMITH a leave of absence for the week due to military service.
Announcement was made that Dr. Boyce G. Tollison of Easley is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4238 (Word version)
Date: ADD:
01/13/04 WILKINS
Bill Number: H. 4130 (Word version)
Date: ADD:
01/13/04 G. R. SMITH
Bill Number: H. 4238 (Word version)
Date: ADD:
01/13/04 HARVIN
Bill Number: H. 4127 (Word version)
Date: ADD:
01/13/04 G. R. SMITH
Bill Number: H. 3866 (Word version)
Date: ADD:
01/13/04 KIRSH
Bill Number: H. 3744 (Word version)
Date: ADD:
01/13/04 E. H. PITTS
Rep. MCLEOD moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 4320 (Word version) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR
On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Ways and Means:
H. 4418 (Word version) -- Reps. J. R. Smith, G. R. Smith, Vaughn, Cotty, Weeks, Leach and Mahaffey: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ALLOW A MEMBER OF THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT AND HIS ELIGIBLE DEPENDENTS TO PARTICIPATE IN THE PLANS UPON PAYING THE FULL PREMIUM COST OF THE COVERAGE AND TO REQUIRE THE BOARD OR TRUSTEES BY RESOLUTION TO AUTHORIZE ITS MEMBERS TO PARTICIPATE IN THE PLAN.
The following House Resolution was taken up:
H. 4403 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A HOUSE RESOLUTION TO ENCOURAGE ALL LOCAL SCHOOL DISTRICTS IN SOUTH CAROLINA TO SET SCHOOL CALENDAR START DATES AS CLOSE AS POSSIBLE TO LABOR DAY IN ORDER TO GENERATE THE MAXIMUM REVENUE IN SOUTH CAROLINA'S NUMBER ONE INDUSTRY, TRAVEL AND TOURISM, AND CONSEQUENTLY INCREASING FUNDING FOR PUBLIC EDUCATION.
Rep. TOWNSEND moved to adjourn debate on the Resolution until Wednesday, January 14, which was agreed to.
The following Concurrent Resolution was taken up:
S. 744 (Word version) -- Senators Kuhn, McConnell, Malloy, Ryberg, Land, Fair, Peeler, Mescher, Branton, Drummond, Hayes, Grooms, Alexander, Knotts, Hawkins, J. V. Smith, Waldrep, Leatherman, Cromer, O'Dell, Courson, Setzler, Moore, Matthews, Hutto, Martin, Ravenel and Ritchie: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROVIDE THAT ALL FUNDING OF THE MEDICAID PROGRAM SHALL BE PROVIDED BY THE FEDERAL GOVERNMENT, AND TO ELIMINATE THE REQUIREMENT THAT THE STATES PROVIDE MATCHING FUNDS IN ORDER TO RECEIVE CERTAIN TYPES OF FEDERAL FUNDS TO BE USED FOR MEDICAID PURPOSES.
Rep. LEACH moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.
Rep. MCGEE moved that the House recur to the Morning Hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4517 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-3-1750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRAINING ORDERS AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT THE COURT MAY NOT REQUIRE A PERSON SEEKING A RESTRAINING ORDER TO DISCLOSE HIS SOCIAL SECURITY NUMBER; AND TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT THE CLERK OF COURT MAY NOT REQUIRE A PERSON SEEKING AN ORDER OF PROTECTION TO DISCLOSE HIS SOCIAL SECURITY NUMBER.
Referred to Committee on Judiciary
H. 4519 (Word version) -- Rep. G. M. Smith: A BILL TO REPEAL SECTION 4-10-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT REVENUE DISTRIBUTIONS TO LOCAL GOVERNMENTS PURSUANT TO THE LOCAL OPTION SALES TAX MUST NOT BE LESS THAN THE DISTRIBUTIONS RECEIVED BY THESE LOCAL GOVERNMENTS IN THE PREVIOUS FISCAL YEAR AND THE REQUIRED PROPORTIONAL REALLOCATIONS IN DISTRIBUTIONS TO MEET THIS REQUIREMENT.
Referred to Committee on Ways and Means
H. 4520 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S PARTICIPATION IN THE STATE RETIREMENT SYSTEM, SO AS TO AUTHORIZE A MAGISTRATE TO RETIRE FROM THE SYSTEM AND BE REAPPOINTED WITHOUT COMPLIANCE WITH CERTAIN APPOINTMENT CRITERIA.
Referred to Committee on Ways and Means
H. 4521 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 9-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM SO AS TO OVER FIVE FISCAL YEARS REDUCE FROM TWENTY-FIVE YEARS TO TWENTY-THREE YEARS THE REQUIRED CREDITED SERVICE OF A MEMBER OF THIS SYSTEM TO ELECT SERVICE RETIREMENT AT ANY AGE WITHOUT PENALTY AND TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE EMPLOYER OR EMPLOYEE
H. 4522 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 9-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM SO OVER FIVE FISCAL YEARS TO REDUCE FROM TWENTY-FIVE YEARS TO TWENTY YEARS THE REQUIRED CREDITED SERVICE OF A MEMBER OF THIS SYSTEM TO ELECT SERVICE RETIREMENT AT ANY AGE WITHOUT PENALTY AND TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE EMPLOYER OR EMPLOYEE CONTRIBUTIONS, OR BOTH, TO PAY THE ACTUARIAL COST OF THIS REDUCTION IN REQUIRED YEARS OF SERVICE.
Referred to Committee on Ways and Means
H. 4523 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTIONS 9-1-1580, 9-1-1590, AS AMENDED, AND 9-11-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND RETURNING TO SERVICE AFTER RETIREMENT FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT NO REDUCTION MAY BE MADE TO THE DISABILITY RETIREMENT BENEFITS OF MEMBERS OF THESE SYSTEMS WHO RETURN TO EMPLOYMENT UNLESS THE MEMBER'S COMPENSATION EXCEEDS THE GREATER OF THE MEMBER'S AVERAGE FINAL COMPENSATION OR FIFTY THOUSAND DOLLARS A YEAR AND TO PROVIDE THAT A DISABILITY RETIREE RETURNING TO COVERED EMPLOYMENT DOES NOT HAVE HIS BENEFIT TERMINATED AND BECOME AN ACTIVE CONTRIBUTING MEMBER UNLESS THE MEMBER'S COMPENSATION FROM COVERED EMPLOYMENT EXCEEDS THE GREATER OF THE MEMBER'S AVERAGE FINAL COMPENSATION OR LESS THAN FIFTY THOUSAND DOLLARS A YEAR.
Referred to Committee on Ways and Means
The following was introduced:
H. 4524 (Word version) -- Rep. Ceips: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE BOARD OF EDUCATION OF BEAUFORT COUNTY SCHOOL DISTRICT FOR RECEIVING THE FIFTEENTH ANNUAL KENNEDY CENTER ALLIANCE FOR ARTS EDUCATION NETWORK (KCAAEN) AND NATIONAL SCHOOL BOARDS ASSOCIATION (NSBA) AWARD FOR THEIR CONTINUOUS SUPPORT OF THE ARTS IN EDUCATION.
The Resolution was adopted.
The following was introduced:
H. 4525 (Word version) -- Reps. Harvin, 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, 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, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE SINCEREST SYMPATHY OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HONORABLE JOHN J. (BUBBER) SNOW III, REPRESENTATIVE FROM GEORGETOWN AND WILLIAMSBURG COUNTIES, AND HIS FAMILY UPON THE DEATH OF THEIR WIFE AND MOTHER, PENELOPE (PENNY) GRAINGER SNOW.
Whereas, Mrs. Snow (Penny) was born the daughter of the late Carson and Sallie Jackson Grainger in Tabor City, North Carolina; and
Whereas, she graduated from Columbia College and, in her professional pursuits, served as librarian at Tabor City High School, librarian and teacher at Pleasant Hill schools, and retailer in Hemingway, South Carolina; and
Whereas, Penny Snow's spiritual life revolved around her active membership in Union United Methodist Church; and
Whereas, the greatest portion of her life was devoted to her family as she supported Bubber in his many years of service to the State as an elected member of the House of Representatives; and
Whereas, she was a loving mother to John J. Snow IV, Penelope Snow Hayes, and Sallie Snow, and proud and doting grandmother to Hunter, Carson, and Penelope Anne Hayes; and
Whereas, all of those who shared in the fullness of her life will surely miss her. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, express their sincerest sympathy to their colleague, The Honorable John J. (Bubber) Snow III, Representative from Georgetown and Williamsburg Counties, and his family upon the death of his wife and their mother, Penelope (Penny) Grainger Snow.
Be it further resolved that a copy of this resolution be forwarded to the family.
The Resolution was adopted.
The following Joint Resolution was taken up:
H. 4320 (Word version) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE MAXIMUM NUMBER OF SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR SUCH AN ASSESSMENT RATIO.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1(4)(A)(i), Article X of the Constitution of this State be amended to read:
"(i) have more than ten shareholders than the General Assembly shall provide by law;"
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1, Article X of the Constitution of this State relating to the classification of property and applicable assessment ratios for purposes of property tax be amended so as to delete the specific limit of ten shareholders as the most shareholders a corporation may have for it to be eligible for a four percent assessment ratio on its agricultural real property and provide that the General Assembly shall provide by law the maximum number of shareholders a corporation may have to be eligible for the four percent assessment ratio?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. HARRELL explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown 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 Haskins Hayes Herbkersman J. Hines Hinson Hosey Huggins Keegan Kennedy Koon Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry
Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
Rep. RHOAD moved that the House do now adjourn, which was agreed to.
At 12:52 p.m. the House, in accordance with the motion of Rep. OWENS, adjourned in memory of Captain Kimberly Hampton of Easley who was killed in Iraq, to meet at 10:00 a.m. tomorrow.
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