Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 145: 15-16: "The eyes of all look to You, and You give them their food at the proper time. You open Your hand and satisfy the desires of every living thing."
Let us pray: Almighty God, we thank You for the rest of the night and the morning filled with opportunities of service for Your people. Instill in each of these members and staff the desire to work for those in need, to provide a better life for Your people. Take care of these men and women and give them Your blessing. Keep our leaders of the State and Nation in Your protective care and those defenders of freedom safe. Hear our prayer, O God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. WITHERSPOON moved that when the House adjourns, it adjourn in memory of Penelope (Penny) Snow, wife of Representative Snow, which was agreed to.
The following was received from the Senate:
Columbia, S.C., January 13, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3867:
H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.
Very respectfully,
President
On motion of Rep. COLEMAN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. COLEMAN, LUCAS and G. M. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., January 13, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. V. Smith, Peeler and Elliott of the Committee of Conference on the part of the Senate on S. 317:
S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., January 13, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 153, S. 727 by a vote of 45 to 0.
(R153) S. 727 (Word version) -- Senator Land: 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 TWO OF CLARENDON 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.
Very respectfully,
President
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 727 (Word version), R.153, 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 TWO OF CLARENDON 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 Two of Clarendon 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 S. 727, R.153 to you without my signature.
Sincerely,
Mark Sanford
Governor
The following was received:
Columbia, S.C., January 13, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 144, S. 521 by a vote of 45 to 0.
(R144) S. 521 (Word version) -- Senator Knotts: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
Very respectfully,
President
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
August 8, 2003
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 521 (Word version), R.144, an Act:
TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
This veto is based on my belief that this bill is unconstitutional. S. 521, R.144 proposes to allow members of the Lexington County Recreation Commission to serve the term for which they were elected and two additional terms. As such, S. 521, R.144, affects only Lexington County and is, therefore, clearly an act for a specific county. Such acts are in violation of 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." Acts similar to S. 521, R.144 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I am returning S. 521, R.144 to you without my signature.
Sincerely,
Mark Sanford
Governor
The following was introduced:
H. 4526 (Word version) -- Reps. Harvin and G. M. Smith: A HOUSE RESOLUTION TO COMMEND DR. CARL RAMSEY FOR HIS TWELVE YEARS OF EXTRAORDINARY SERVICE ON THE CLARENDON COUNTY COUNCIL, THANK HIM FOR HIS DEDICATION TO PUBLIC SERVICE, AND EXTEND TO HIM BEST WISHES IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4527 (Word version) -- Reps. M. A. Pitts, Bailey and Koon: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO EXTEND THE DEDUCTION ALLOWED AN ELIGIBLE VOLUNTEER FIREMAN, VOLUNTEER RESERVE SQUAD MEMBER, AND VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM TO A RESERVE POLICE OFFICER, TO DELETE OBSOLETE LANGUAGE, AND TO PROVIDE DEDUCTION ELIGIBILITY REQUIREMENTS FOR A RESERVE POLICE OFFICER.
Referred to Committee on Ways and Means
H. 4528 (Word version) -- Rep. Altman: A BILL TO AMEND CHAPTER 5, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-73, SO AS TO PROVIDE THAT NO PUBLIC SCHOOL MAY HAVE AVAILABLE TO STUDENTS, IN THE CAFETERIA OR ON THE SCHOOL GROUNDS, FOOD OR DRINK THAT EXCEEDS OR DOES NOT COMPLY WITH DIETARY LIMITATION REQUIREMENTS PROVIDED FOR IN THE NATIONAL SCHOOL LUNCH ACT AND THE MOST RECENT APPLICABLE DIETARY GUIDELINES FOR AMERICANS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT ANY SCHOOL WHICH FAILS TO COMPLY WITH THE ABOVE PROVISIONS SHALL LOSE CERTAIN STATE FUNDING.
Referred to Committee on Education and Public Works
H. 4529 (Word version) -- Reps. M. A. Pitts, Ceips, Clemmons, Davenport, Duncan, Frye, Keegan, Koon, Leach, Limehouse, Sinclair and Witherspoon: A BILL TO AMEND SECTION 23-31-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROVISION THAT REQUIRES THIS STATE TO HONOR A VALID OUT-OF-STATE PERMIT TO CARRY A CONCEALABLE WEAPON HELD BY A RESIDENT OF ANOTHER STATE.
Referred to Committee on Judiciary
H. 4530 (Word version) -- Reps. M. A. Pitts, Barfield, Bingham, Ceips, Clark, Clemmons, Davenport, Duncan, Keegan, Koon, Leach, Limehouse, Pinson, Sinclair and Toole: A BILL TO AMEND SECTION 16-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO LAWFULLY MAY CARRY A PISTOL, SO AS TO PROVIDE THAT CERTAIN RETIRED OR DISABLED POLICE OFFICERS MAY LAWFULLY CARRY A PISTOL.
Referred to Committee on Judiciary
H. 4531 (Word version) -- Reps. J. Brown, Breeland, Cobb-Hunter, Weeks, Govan, Allen, G. Brown, R. Brown, Clyburn, Gourdine, J. Hines, Hosey, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, Parks, Rutherford, Scott, F. N. Smith and Sheheen: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO MODIFY THE MONUMENT ERECTED ON THE GROUNDS OF THE CAPITOL COMPLEX IN RECOGNITION OF THE ACCOMPLISHMENTS OF THE LATE STROM THURMOND, UNITED STATES SENATOR FROM THE PALMETTO STATE, SO AS TO INCLUDE THE NAME OF ESSIE MAE WASHINGTON-WILLIAMS AMONG THE ENGRAVED NAMES OF HIS CHILDREN.
Referred to Committee on Judiciary
H. 4532 (Word version) -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-32-100 SO AS TO CREATE A GRANT REVIEW PANEL FOR FUNDS RECEIVED BY THE DEPARTMENT OF EDUCATION FROM THE FEDERAL CENTERS FOR DISEASE CONTROL, TO PROVIDE FOR THE APPOINTMENT OF THE GRANT REVIEW PANEL, AND TO PROVIDE THAT THE GRANT REVIEW PANEL SHALL ENSURE THAT THE FUNDS ARE ADMINISTERED PURSUANT TO THE SOUTH CAROLINA COMPREHENSIVE HEALTH EDUCATION ACT.
Rep. RICE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. GOVAN objected.
Referred to Committee on Ways and Means
S. 104 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 732 (Word version) -- Senators Pinckney, J. V. Smith, Leventis, Anderson and Richardson: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE RATHER THAN ALLOW THE TAX ASSESSOR, COUNTY TREASURER, AND COUNTY AUDITOR TO DIVIDE A DIVISIBLE PARCEL OF REAL PROPERTY FOR PURPOSES OF THE DELINQUENT TAX SALE AND OFFER A PORTION OF THE PARCEL SUFFICIENT TO SATISFY THE PAYMENT OF THE TAXES, ASSESSMENTS, PENALTIES, AND COSTS.
Referred to Committee on Ways and Means
The following was introduced:
H. 4533 (Word version) -- Reps. Owens, Rice, Leach and Skelton: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CAPTAIN KIMBERLY HAMPTON OF EASLEY, SOUTH CAROLINA, ON FRIDAY, JANUARY 2, 2004, TO CONVEY THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS, AND TO PROVIDE THAT THE FLAGS WHICH FLEW OVER THE STATE HOUSE ON JANUARY 10, 2004, SHALL BE GIVEN TO PRESBYTERIAN COLLEGE IN HER HONOR.
Whereas, the members of the General Assembly were deeply saddened to learn that Captain Kimberly Hampton, 27, of Easley, South Carolina, died on Friday, January 2, 2004; and
Whereas, Captain Hampton was killed in action while the OH-58 Kiowa Warrior helicopter she was piloting went down near the Iraqi town of Fallujah west of Baghdad; and
Whereas, witnesses say the OH-58 Kiowa helicopter was brought down by ground fire. The Kiowa is designed for reconnaissance and observation missions and is often used to spot targets for Apache attack helicopters; and
Whereas, she was the first female pilot killed in Iraq and was also the first woman and twelfth reported casualty of the armed services from South Carolina; and
Whereas, Captain Hampton was an aviator with the 82nd Airborne Division based in Fort Bragg, North Carolina, and departed for Iraq on August 31, 2003; and
Whereas, she was an only child and according to her parents, she wanted to be a pilot since the third grade; and
Whereas, Kimberly Hampton graduated from Easley High School, attended Furman University, and graduated with honors from Presbyterian College in 1998 with a degree in English; and
Whereas, she attended Presbyterian College on a full Army ROTC scholarship and while there earned dean's list honors for five consecutive semesters and was a member of the Omicron Delta Kappa Honor Society; and
Whereas, Captain Hampton was team captain of the Blue Hose women's tennis team where she finished her college singles career with a 27-0 record in the South Atlantic Conference, winning singles titles in 1997 and 1998, and being ranked 28th nationally as a singles player and 18th nationally in doubles play; and
Whereas, she was the commander of the Scottish Highlander Battalion during her senior year at Presbyterian College and accepted the Daughters of the American Revolution Award, the George C. Marshall Award, and the Wysor Saber as the battalion's top graduate in 1998; and
Whereas, Kimberly Hampton selflessly and bravely answered her country's call to arms in defense of world order and freedom by participating in Operation Iraqi Freedom with her unit from North Carolina; and
Whereas, it is proper and fitting that members of the General Assembly pause in their deliberations to note the passing of this dedicated soldier and daughter of the Palmetto State who gave her life for her nation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, express their profound sorrow upon the death of Captain Kimberly Hampton of Easley, South Carolina, on Friday, January 2, 2004, and convey their deepest sympathy to her family and many friends.
Be it further resolved that the flags which flew over the State House on January 10, 2004, shall be given to Presbyterian College in her honor.
Be it further resolved that a copy of this resolution be forwarded to the family of Captain Kimberly Hampton.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 801 (Word version) -- Senators Martin, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CAPTAIN KIMBERLY HAMPTON OF EASLEY, SOUTH CAROLINA, ON FRIDAY, JANUARY 2, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 804 (Word version) -- Senators Fair, Grooms, Pinckney, McConnell, Mescher, Branton, Ravenel, Ford and Kuhn: A CONCURRENT RESOLUTION TO COMMEND THE FACULTY AND STUDENTS OF C.C. BLANEY ELEMENTARY SCHOOL IN CHARLESTON COUNTY ON THEIR COMMITMENT TO LEARNING AND ACADEMIC EXCELLENCE AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Haskins Hayes Herbkersman J. Hines Hinson Hosey Howard Huggins 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 Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Rivers Sandifer Scarborough Scott 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 Wednesday, January 14.
William Bowers Tracy Edge Todd Rutherford Vincent Sheheen Douglas Jennings Alex Harvin Olin Phillips Ralph Davenport James Harrison
Announcement was made that Dr. John P. Evans of Greenville is the Doctor of the Day for the General Assembly.
Reps. VAUGHN and LEACH presented to the House the Greer High School Football Team, the Class AAA State Champions, and Head Coach Travis Perry.
Rep. G. R. SMITH presented to the House Stephen Thompson of Simpsonville for his accomplishments in the field of karate and the martial arts.
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. 4445 (Word version)
Date: ADD:
01/14/04 TRIPP
Bill Number: H. 4445 (Word version)
Date: ADD:
01/14/04 CATO
Bill Number: H. 4445 (Word version)
Date: ADD:
01/14/04 HAMILTON
Bill Number: H. 4459 (Word version)
Date: ADD:
01/14/04 VIERS
Bill Number: H. 4412 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4436 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4442 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4443 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4445 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4451 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4452 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4464 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4470 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4418 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4434 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4472 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4435 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4447 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 4475 (Word version)
Date: ADD:
01/14/04 OWENS
Bill Number: H. 3689 (Word version)
Date: ADD:
01/14/04 KOON
Bill Number: H. 3689 (Word version)
Date: ADD:
01/14/04 FRYE
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
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.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
Rep. HARRELL moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4534 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 4.8 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE COMMITTING OF A BILL OR RESOLUTION TO A COMMITTEE BEFORE A FINAL DECISION IS MADE, SO AS TO AUTHORIZE A CONCURRENT RESOLUTION TO BE PLACED ON THE CALENDAR UNDER THE HEADING OF CONCURRENT RESOLUTION, NOT SECOND READING; TO AMEND RULE 8.6, RELATING TO INVOKING THE PREVIOUS QUESTION, SO AS TO AUTHORIZE THE PREVIOUS QUESTION TO BE INVOKED ON A MOTION TO RECONSIDER ONLY WHEN THE MATTER TO BE RECONSIDERED IS DEBATABLE; TO AMEND RULE 8.11, RELATING TO THE MOTION WHICH MUST BE DECIDED BY SIMPLE MAJORITY, SO AS TO ADD A MOTION TO DIVIDE THE QUESTION; AND TO AMEND RULE 10.1, RELATING TO A PERSON AUTHORIZED ADMITTANCE WITHIN THE HOUSE CHAMBERS DURING A SESSION OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT CERTAIN PERSONS AUTHORIZED ADMITTANCE MUST REMAIN BEHIND THE RAIL IN THE BACK OF THE CHAMBER WHEN THE HOUSE IS IN SESSION.
Be it resolved by the House of Representatives:
(1) That Rule 4.8 of the Rules of the House of Representatives is amended to read:
"4.8 Any bill, report, petition, or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon. Provided, further that the Speaker may, in his discretion, commit to a committee any bill, joint resolution, or concurrent resolution returned from the Senate with an amendment that has so materially changed the bill that the bill's contents, as amended by the Senate, are no longer substantially germane to the bill, joint resolution, or concurrent resolution as it passed the House. Such bill, joint resolution, or concurrent resolution may be reported out of the committee with its recommendation and shall be placed on the Calendar under the heading of second reading or concurrent resolution and proceed through the Calendar. If not amended, it shall be enrolled as an act and ratified. If said bill, joint resolution, or concurrent resolution shall be amended, it shall be returned to the Senate at the conclusion of the process as a House amendment."
(2) That Rule 8.6 of the Rules of the House of Representatives is amended to read:
"8.6 The previous question upon any matter may be invoked as follows:
Upon an affirmative vote on a motion for the previous question (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times), the amendments then upon the desk shall be considered, but no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The proponents of an amendment shall be allowed an opportunity to make a short explanation of his amendment for a period not to exceed three minutes, then opponents to the amendment shall be permitted not more than three minutes to oppose the proposed amendment. Then two hours of debate shall be allowed on the bill, the time being equally divided between opponents and proponents with no person to speak more than ten minutes. Provided, that after the previous question has been invoked, the primary sponsor of an amendment may withdraw it with unanimous consent without making a motion to table it.
Provided, the previous question may be invoked on a motion to reconsider only when the matter to be reconsidered is debatable.
Provided, a motion to adjourn debate shall be in order even though the previous question has been invoked.
Provided, further, any member who has been recognized by the Speaker and is speaking from the podium, is considered to be debating the issue and a call for the previous question, whether by the member or any other member, requires the necessary fifty percent of those present and voting plus five."
(3) That Rule 8.11a. of the Rules of the House of Representatives is amended to read:
"a. The following motions shall be decided by simple majority unless otherwise specified and without debate after any short remarks the Speaker permits:
to adjourn;
to recede;
to continue;
to lay on the table;
for the previous question (unless it is made when a member
has the floor and then it requires a majority plus five);
to adjourn debate;
to commit or recommit;
to resolve the House into a Committee of the Whole;
to proceed to the orders of the day;
to recur to the morning hour;
to fix the hour to which the House shall next meet;
to grant free conference powers;
to divide the question."
(4) That Rule 10.1 of the Rules of the House of Representatives is amended to read:
"10.1 Only the following persons shall be admitted within the House Chamber during a session of the House unless otherwise authorized by House Resolution.
The present and former members and officers and present employees of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the Lieutenant Governor; each statewide constitutional officer; the present members, officers, and employees of the Senate; the present employees of the Legislative Council; dignitaries and the family of members designated by the Speaker, employees of the respective legislative delegations; the employees of legislative caucuses, and such persons as may be invited by resolution of the House; provided, however, that caucus employees of legislative caucuses, legislative delegations, the Senate, state agencies, and other branches of state government that are authorized admittance must stay remain behind the rail in the back of the Chamber at all times when the House is in session; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by anyone except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking personal favors nor any former member who has filed as a candidate or is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the Chamber without special leave of the House. Provided, that no member of the Press may conduct interviews within the House Chamber while the House is in session.
Provided, that notwithstanding other provisions of this rule, access within the outer doors of the Chamber is denied to any former House member who has been convicted of a crime, the conviction of which would impose a maximum penalty of imprisonment of one year or more. This paragraph does not apply to a former House member who is re-elected to either House of the General Assembly after the conviction of the crime referred to in this paragraph."
Rep. CHELLIS explained the Resolution.
The Resolution was adopted.
Rep. TALLEY withdrew his request for debate on S. 500 (Word version); however, other requests for debate remained on the Bill.
The following was introduced:
H. 4535 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND REVEREND T.E. SIMMONS, M. DIV., OF GREENVILLE COUNTY FOR TWENTY YEARS OF CHRISTIAN SERVICE AS PASTOR OF REEDY FORK MISSIONARY BAPTIST CHURCH IN THE TOWN OF SIMPSONVILLE, AND TO WISH HIM AND HIS CONGREGATION CONTINUED GROWTH IN NUMBERS AND GOD'S GRACE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4536 (Word version) -- Reps. Cotty, Bales, J. Brown, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford, Scott and J. E. Smith: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND DR. MICHALE G. LEMROW FOR HER VISION, DEDICATION, AND LEADERSHIP AS PRINCIPAL OF E. L. WRIGHT MIDDLE SCHOOL, AND TO WISH HER WELL IN HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4537 (Word version) -- Reps. Walker, Wilkins, W. D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J. E. Smith, Huggins, Lourie, Scott, Bales, McGee, Sinclair, Anthony, Harvin, Cotty, Leach, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire and Young: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4, RELATING TO THE ESTABLISHMENT, FUNCTIONS, AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE THE STATE AERONAUTICS COMMISSION WITHIN THE DEPARTMENT TO OVERSEE THE OPERATION OF THE DEPARTMENT'S DIVISION OF AERONAUTICS AND TO APPOINT THE DIVISION'S DIRECTOR; TO AMEND SECTION 55-5-20, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO REVISE THE DEFINITION OF "AVIATION GASOLINE" TO INCLUDE GENERAL AVIATION JET FUEL; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND, AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR THE PURPOSES OF THE DEPARTMENT OF TRANSPORTATION'S AERONAUTICS DIVISION; BY ADDING SECTION 58-8-220 SO AS TO PROVIDE FOR THE FUNDING OF THE ACTIVITIES OF THE DIVISION OF AERONAUTICS; BY ADDING SECTION 57-3-35 SO AS TO PROVIDE FOR THE ORGANIZATION AND OBJECTIVE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE ITS DIVISION FOR AERONAUTICS; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT AND TO DELETE AN OBSOLETE REFERENCE; TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 12-28-2720, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THIS FEE MAY NOT BE USED FOR THE PURPOSE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 12-36-1710, RELATING TO THE EXCISE TAX LEVIED ON THE CASUAL SALES OF CERTAIN ITEMS, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 13-1-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S DIVISION OF AERONAUTICS AND ITS FUNCTIONS; TO AMEND SECTION 13-1-20, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S MANDATE TO DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 15-9-390, AS AMENDED, RELATING TO SERVICE OF PROCESS ON NONRESIDENT OPERATORS OF AIRCRAFT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 15-9-410, AS AMENDED, RELATING TO CERTAIN PROVISIONS THAT DO NOT APPLY TO ANY INCORPORATED CARRIER HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 23-33-20, AS AMENDED, RELATING TO THE OBTAINING OF A PERMIT BEFORE FIRING OR ATTEMPTING TO FIRE OR DISCHARGE A MISSILE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO PRESCRIBING STANDARDS FOR THE CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-1-1, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE AND DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT GOVERN THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-190, AS AMENDED, RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-230, RELATING TO APPEALS FROM ORDERS ISSUED BY THE DIVISION OF AERONAUTICS, SO AS TO INCREASE THE PERIOD OF TIME WITHIN WHICH A PERSON AGAINST WHOM AN ORDER HAS BEEN ENTERED MAY APPEAL THE ORDER, AND TO PROVIDE THAT THE APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION INSTEAD OF THE CIRCUIT COURT; TO AMEND SECTION 55-8-10, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR THE TERM DEPARTMENT OF COMMERCE WITHIN THE DEFINITION OF THE TERM AGENCY; TO AMEND SECTION 55-8-50, AS AMENDED, RELATING TO POLICY BONDS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-11-10, AS AMENDED, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-15-10, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT PERTAIN TO RELOCATION ASSISTANCE, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 57-1-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT; TO AMEND SECTION 57-1-30, AS AMENDED, RELATING TO THE FUNCTIONS AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT AMONG ITS FUNCTIONS AND PURPOSES, THE DEPARTMENT SHALL DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 57-3-10, AS AMENDED, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MUST CONTAIN A DIVISION OF AERONAUTICS; TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION'S DIVISION DIRECTORS, SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DIVISION OF AERONAUTICS' DEPUTY DIRECTOR; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR PURPOSES OF THE DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS; AND TO REPEAL ARTICLE 7, CHAPTER 1, TITLE 13 AND SECTIONS 55-5-240 AND 55-5-250 RELATING TO THE APPEAL OF A DECISION ENTERED BY THE DEPARTMENT OF COMMERCE DIVISION OF AERONAUTICS.
Referred to Committee on Education and Public Works
H. 4538 (Word version) -- Rep. Coates: A BILL TO REPEAL CHAPTER 15, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL.
Referred to Committee on Judiciary
H. 4539 (Word version) -- Rep. Walker: A BILL TO REPEAL SECTION 59-18-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING STUDENT AND SCHOOL PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE LEVELS UNDER THE EDUCATION ACCOUNTABILITY ACT.
Referred to Committee on Education and Public Works
The Veto on the following Act was taken up:
(R127) H. 3749 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Veto 1. Part 1A, Section 5N, Technical and Comprehensive Education Board, page 67, Motorcycle Safety Program, $118,675
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bales Bowers J. Brown Chellis Coates Cobb-Hunter Emory Freeman Gourdine Harvin Hayes J. Hines Jennings Kennedy Lloyd Lourie Mack Miller J. H. Neal J. M. Neal Ott M. A. Pitts Rivers Rutherford Scott G. M. Smith Weeks
Those who voted in the negative are:
Altman Anthony Bailey Battle Bingham Breeland R. Brown Cato Ceips Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gilham Hagood Hamilton Harrell Haskins Herbkersman Hinson Hosey Howard Huggins Keegan Kirsh Koon Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee McLeod Merrill Owens Parks Perry Phillips Pinson E. H. Pitts Rhoad Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
With regard to the Governor's vetoes, I inadvertently voted to override Veto Number 1, related to Part 1A, Section 5N, FY 2003-2004 General Appropriation Act, when in fact I intended and meant to vote to sustain the veto.
Rep. Converse Chellis
Veto 2. Part 1A, Section 56C, Governor's Office - Executive Policy & Programs, page 240, Poet Laureate, $1,200
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Allen Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Coates Cooper Cotty Davenport Delleney Duncan Edge Emory Freeman Gilham Gourdine Govan Hagood Hamilton Harrell Harvin Hayes Herbkersman Hinson Hosey Jennings Keegan Kennedy Kirsh Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 3. Part 1A, Section 56C, Governor's Office - Executive Policy & Programs, page 240, Litter Control, $321,949
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bales Cooper Edge Emory Freeman Govan Harvin Hayes Jennings Kennedy Limehouse Lloyd Lourie Miller Scarborough Scott Talley
Those who voted in the negative are:
Allen Altman Bailey Barfield Bingham Bowers Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Coleman Cotty Dantzler Davenport Delleney Duncan Frye Gourdine Hagood Hamilton Harrell Haskins Herbkersman J. Hines Hinson Hosey Huggins Keegan Kirsh Littlejohn Lucas Mahaffey McCraw McGee McLeod Merrill Moody-Lawrence J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Snow Stewart Stille Taylor Thompson Toole Townsend Tripp Trotter Walker Weeks Whipper White Whitmire Wilkins Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 4. Part 1A, Section 56C, Governor's Office - Executive Policy & Programs, Item III. A. 3., page 243, Commission on Women, $99,955
Rep. HARRELL explained the Veto.
Rep. HARRELL moved to adjourn debate on the veto, which was agreed to.
Veto 5. Part 1A, Section 63, Budget and Control Board, page 264, S.C. Leadership, $60,045
Rep. HARRELL explained the Veto.
Rep. HUGGINS spoke against the Veto.
Rep. GOVAN spoke against the Veto.
Rep. LOURIE spoke against the Veto.
Rep. MCLEOD spoke against the Veto.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
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 Dantzler Edge Emory Freeman Frye Gourdine Govan Hamilton Harrell Harrison Harvin Hayes Herbkersman J. Hines Hosey Howard Huggins Jennings Kennedy Koon Leach Limehouse Lloyd Lourie Mack Mahaffey McCraw McGee McLeod Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scott Sinclair Skelton G. M. Smith J. R. Smith Snow Toole Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Cotty Davenport Delleney Hagood Haskins Hinson Keegan Kirsh Littlejohn Loftis Lucas Merrill Perry Scarborough Sheheen Simrill D. C. Smith G. R. Smith Stewart Stille Talley Taylor Thompson Townsend White Young
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 6. Part 1B, Section 8.34, Department of Health and Human Services, page 326, DHHS: Prescription Reimbursement Payment Methodology
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Ceips Chellis Clark Clemmons Clyburn Coleman Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Leach 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 Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Thompson Townsend Tripp Trotter Umphlett Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 7. Part 1B, Section 8.38, Department of Health and Human Services, page 326, DHHS: Medicaid Fiscal Impacts
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Edge Emory Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts Quinn Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Merrill Sheheen
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 8. Part 1B, Section 8.40, Department of Health and Human Services, page 327, DHHS: Medication Exemptions
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bales Bowers Branham G. Brown Edge Emory Freeman Gourdine Govan Harvin Hayes J. Hines Hosey Howard Jennings Kennedy Lloyd Lourie Mack McCraw Miller Neilson Ott Parks Phillips Rhoad Rivers Snow Weeks Whipper
Those who voted in the negative are:
Altman Anthony Bailey Barfield Battle Bingham Breeland J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Frye Gilham Hagood Harrell Harrison Haskins Herbkersman Huggins Keegan Koon Leach Limehouse Littlejohn Lucas Mahaffey Martin McGee McLeod Merrill J. H. Neal J. M. Neal Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Viers Walker White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 9. Part 1B, Section 8.47, Department of Health and Human Services, page 328, DHHS: SCRIPTS; Prescription Savings
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bales Howard Kennedy Mack
Those who voted in the negative are:
Allen Altman Bailey 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 Gilham Gourdine Govan Hagood Harrell Harvin Haskins Hayes Herbkersman J. Hines Hinson Hosey Huggins Jennings Keegan Kirsh Koon Leach Limehouse Littlejohn Lloyd Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Tripp Trotter Umphlett Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 10. Part 1B, Section 19.6, State Museum, page 344, MUSM: Across-the-Board Cut Exemption
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman 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 Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Harrell Harvin Haskins Hayes Herbkersman J. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Koon Leach Limehouse Littlejohn Lloyd Lourie Lucas Mack Mahaffey McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. R. Smith Snow Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Kirsh Merrill D. C. Smith Stille
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 11. Part 1B, Section 19.9, State Museum, page 344, MUSM: Foundation Office Rent
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bales Govan Harvin Hosey Howard Kennedy Snow Weeks
Those who voted in the negative are:
Allen Altman Bailey Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Hagood Hamilton Harrell Haskins Hayes Herbkersman J. Hines Hinson Huggins Jennings Keegan Kirsh Leach Limehouse Littlejohn Lloyd Lourie Lucas Mahaffey McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Owens Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Stille Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 12. Part 1B, Section 19.10, State Museum, page 344, MUSM: Admissions Tax Exemption
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bales Battle Breeland G. Brown R. Brown Clyburn Coates Emory Freeman Gourdine Harvin Hayes Hosey Howard Kennedy Lourie McGee McLeod Miller Snow Weeks
Those who voted in the negative are:
Anthony Bailey Barfield Bingham Bowers Branham Cato Ceips Clark Clemmons Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gilham Govan Hagood Hamilton Harrell Harrison Haskins Herbkersman J. Hines Hinson Huggins Jennings Keegan Kirsh Leach Limehouse Littlejohn Lucas Mahaffey McCraw Merrill Moody-Lawrence J. M. Neal Neilson Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Stille Talley Taylor Thompson Toole Tripp Umphlett Vaughn Walker Whipper White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 13. Part 1B, Section 22.6, Department of Agriculture, page 346, AGRI: Commissioners' Funding
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Coates Harvin Hayes J. Hines Kennedy McGee Moody-Lawrence Snow
Those who voted in the negative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Breeland J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Govan Hagood Hamilton Harrell Haskins Herbkersman Hinson Hosey Huggins Jennings Keegan Kirsh Koon Leach Littlejohn Lloyd Lourie Lucas Mahaffey McCraw Merrill Miller J. M. Neal Neilson Phillips Pinson M. A. Pitts Quinn Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Stille Talley Taylor Thompson Toole Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 14. Part 1B, Section 36.1, Department of Public Safety, page 361, DPS: Special Events Traffic Control
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Gourdine Govan Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines Hosey Jennings Keegan Leach Lloyd Lourie Lucas Mahaffey 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 Rivers Sandifer Scott Simrill Skelton F. N. Smith G. M. Smith J. R. Smith Snow Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Altman Cobb-Hunter Frye Hamilton Howard Kennedy Kirsh Koon Littlejohn J. H. Neal Scarborough D. C. Smith G. R. Smith Stille
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 15. Part 1B, Section 36.27, Department of Public Safety, pages 364-365, DPS: Ten Year Driver's License
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Howard
Those who voted in the negative are:
Allen Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Coates Coleman Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Govan Hagood Hamilton Harrell Haskins Hayes Herbkersman J. Hines Hinson Hosey Huggins Kirsh Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mahaffey McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rivers Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Townsend Tripp Trotter Umphlett Vaughn Viers Weeks Whipper White Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 16. Part 1B, Section 63.2, Budget and Control Board, page 395, BCB: Performance Excellence
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Coleman Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Herbkersman Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Leach Limehouse Littlejohn Lloyd Lourie Lucas Mack Mahaffey McCraw McGee Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Thompson Toole Tripp Umphlett Viers Weeks Whipper White Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 17. Part 1B, Section 63.40, page 400, BCB: Capitol Complex Rent Exemption
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Kennedy
Those who voted in the negative are:
Allen Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Coleman Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gourdine Govan Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines Hinson Hosey Howard Huggins Jennings Keegan Kirsh Lee Limehouse Littlejohn Lloyd Lourie Lucas Mahaffey McGee McLeod Merrill Miller J. M. Neal Neilson Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott 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 Tripp Umphlett Viers Weeks Whipper White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 18. Part 1B, Section 63.47, page 401, BCB: McEachern Parking Facility
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Kennedy
Those who voted in the negative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman Hinson Hosey Huggins Jennings Keegan Kirsh Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mahaffey McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Ott Parks Perry Phillips E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Tripp Viers Weeks Whipper White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 19. Part 1B, Section 64.14, Department of Revenue, page 405, DOR: County Allocation Adjustments
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
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 Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines Hosey Jennings Keegan Kirsh Limehouse Littlejohn Loftis Lourie Lucas Mahaffey McCraw McGee Merrill Miller J. H. Neal J. M. Neal Neilson Parks Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stille Talley Thompson Toole Townsend Umphlett Viers Weeks Whipper White Wilkins Witherspoon
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 20. 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
Transfers to the general fund on pages 428-429:
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
R12-State Accident Fund: $3,200 from Subfund 4168 Escrow Funds
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
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Harvin Kennedy McLeod
Those who voted in the negative are:
Allen Anthony Bailey Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Coleman Cotty Davenport Delleney Duncan Edge Emory Freeman Frye Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman Hosey Howard Jennings Keegan Lee Limehouse Littlejohn Lloyd Loftis Lucas Mahaffey McCraw McGee Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Quinn Rhoad Rice Rutherford Sandifer Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Umphlett Viers Weeks Whipper White Whitmire Wilkins Witherspoon
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I hereby abstain from the vote cast on H. 3749, Veto Number 20, and wish to have my recusal noted for the record in the House Journal of this date because a potential conflict of interest may exist under S.C. Code Section 8-13-740(C) and Section 8-13-745(C) as noted in my statement for the House Journal dated March 11, 2003. Although I inadvertently cast a vote on H. 3749, Veto Number 20, I hereby request that this vote be withdrawn. Since the vote was 90 to 3, the withdrawal and recusal of my vote will not affect the outcome of this vote.
Rep. Ben Hagood
Veto 21. 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:
E28-Election Commission: $700,000 for HAVA, Federal Match
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
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 Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harvin Haskins Hayes Herbkersman J. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Koon Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Thompson Toole Tripp Umphlett Viers Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 21. 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:
J16-Department of Disabilities and Special Needs: Special Olympics $50,000
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines Hinson Hosey Huggins Jennings Keegan Kennedy Koon Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Ott Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Thompson Toole Tripp Umphlett Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Davenport G. R. Smith Stille
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 21. 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:
L12-John De La Howe School: Operating Expenses $150,000
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Barfield Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Cotty Emory Freeman Frye Gilham Gourdine Govan Harvin Hayes Herbkersman J. Hines Hosey Howard Huggins Jennings Kennedy Lloyd Lourie Mack Martin McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Phillips Pinson M. A. Pitts Rhoad Rivers Rutherford Scott Simrill Sinclair F. N. Smith G. M. Smith Snow Weeks Whipper
Those who voted in the negative are:
Bingham Cato Ceips Chellis Clemmons Cooper Dantzler Davenport Delleney Duncan Edge Hagood Hamilton Harrell Harrison Haskins Hinson Keegan Kirsh Limehouse Littlejohn Loftis Lucas Mahaffey McCraw Merrill Owens Perry E. H. Pitts Quinn Rice Richardson Sandifer Scarborough Skelton D. C. Smith G. R. Smith J. R. Smith Stewart Stille Talley Taylor Thompson Toole Tripp Umphlett Viers Walker White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
My voting console failed to record my vote to override Veto Number 21 on Section J16. I voted "Yea" to override the Governor's veto.
Rep. Jerry N. Govan
Veto 21. 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:
A17-Legislative Printing & Information Technology Systems: Licenses $500,000
F03-Budget and Control Board: $2,000,000 for Operating Expenses
H71-Wil Lou Gray Opportunity School: Operating Expenses $117,657
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
N12-Department of Juvenile Justice: $500,000 for Operating Expenses
P24-Department of Natural Resources: Operating Expenses $1,000,000
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Bowers R. Brown Freeman Harvin Hayes Hosey Howard Jennings Kennedy Lloyd Lourie McLeod Miller Moody-Lawrence J. H. Neal Rhoad Rivers G. M. Smith Weeks Whipper
Those who voted in the negative are:
Barfield Bingham G. Brown Cato Ceips Chellis Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Gilham Govan Hagood Hamilton Harrell Haskins Herbkersman J. Hines Hinson Huggins Keegan Kirsh Limehouse Littlejohn Lucas Mahaffey Martin McCraw McGee Merrill J. M. Neal Neilson Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Sandifer Scarborough Scott Sheheen Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Tripp Umphlett Walker White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 22. 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:
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bales Bowers Emory Harvin J. Hines Kennedy McLeod Moody-Lawrence Rhoad Weeks
Those who voted in the negative are:
Anthony Bailey Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Duncan Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Haskins Hayes Herbkersman Hinson Hosey Huggins Jennings Keegan Kirsh Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Rivers Sandifer Scarborough Scott Sheheen Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Tripp Umphlett Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 4. Part 1A, Section 56C, Governor's Office - Executive Policy & Programs, Item III. A. 3., page 243, Commission on Women, $99,955
Rep. HARRELL explained the Veto.
The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Emory Freeman Govan Harvin Hayes J. Hines Hosey Jennings Kennedy Lourie Mack McCraw McLeod Miller Moody-Lawrence Neilson Ott Parks Rivers Scott Sheheen Snow Weeks Whipper
Those who voted in the negative are:
Bailey Bingham Cato Ceips Chellis Clark Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gilham Hagood Hamilton Harrell Haskins Herbkersman Hinson Huggins Keegan Kirsh Littlejohn Lucas Mahaffey Martin Merrill Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Sandifer Scarborough Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Stille Talley Thompson Toole Tripp Trotter Umphlett Viers Walker White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R128) H. 3806 (Word version) -- Reps. Neilson, Lucas and J. Hines: 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 PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
J. Hines Lucas Neilson
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R131) H. 4176 (Word version) -- Rep. Anthony: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R158) H. 3254 (Word version) -- Reps. G. M. Smith, Weeks and Coates: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
G. M. Smith Weeks
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R159) H. 3255 (Word version) -- Rep. J. R. Smith: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Clyburn Parks Perry D. C. Smith J. R. Smith Stewart
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R160) H. 3257 (Word version) -- Reps. Lourie, J. E. Smith, J. Brown, Bales, Cotty, Scott, Howard, J. H. Neal and Rutherford: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bales Clark Cotty Kirsh Koon Lourie McCraw Moody-Lawrence J. H. Neal Ott Richardson Scott
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R161) H. 3281 (Word version) -- Rep. Townsend: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Townsend
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R164) H. 3385 (Word version) -- Reps. Sheheen and Cotty: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Cotty Lucas Sheheen
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R169) H. 3465 (Word version) -- Reps. Pinson, Parks, M. A. Pitts, Duncan, Taylor and Anthony: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Duncan Parks Pinson Taylor
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R170) H. 3470 (Word version) -- Rep. Frye: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Frye
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R175) H. 3941 (Word version) -- Reps. Bowers, Lloyd and R. Brown: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bowers Lloyd
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I fully support this local Joint Resolution and voted last year to pass a Statewide Joint Resolution that satisfied this issue.
Rep. Robert L. Brown
The Veto on the following Act was taken up:
(R178) H. 4269 (Word version) -- Reps. Cobb-Hunter, Ott and Rhoad: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Cobb-Hunter Govan Hosey Ott
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R179) H. 4270 (Word version) -- Reps. Branham, McGee, Coates, M. Hines and J. Hines: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Branham Delleney J. Hines McCraw
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R181) H. 4285 (Word version) -- Reps. Battle and M. Hines: 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.
Rep. SCOTT moved to adjourn debate on the veto, which was agreed to.
The Veto on the following Act was taken up:
(R154) H. 3052 (Word version) -- Reps. Harrison, Simrill, Vaughn, Hinson, W. D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: AN ACT TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY, HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-25-20, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS; BY ADDING SECTION 56-5-5635 SO AS TO PROVIDE THE PROCEDURE THAT A VEHICLE WHICH HAS BEEN TOWED UNDER THE DIRECTION OF A LAW ENFORCEMENT OFFICER MUST BE STORED AND DISPOSED OF; TO AMEND SECTION 16-11-760, RELATING TO PARKING A VEHICLE ON PRIVATE PROPERTY WITHOUT PERMISSION, THE REMOVAL OF CERTAIN VEHICLES, LIENS PLACED ON CERTAIN VEHICLES, AND THE SALE OF CERTAIN VEHICLES, SO AS TO PROVIDE THAT A COMMERCIAL PROPERTY OWNER MUST POST A NOTICE ON THE BORDERS OF HIS PROPERTY THAT PROHIBITS PARKING IF HE WANTS PARKING OF A VEHICLE TO BE ILLEGAL ON HIS PROPERTY, TO PROVIDE THAT CERTAIN COSTS ASSOCIATED WITH THE TOWING OF A VEHICLE ARE THE RESPONSIBILITY OF ITS REGISTER OWNER OR LIENHOLDER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE SALE OF CERTAIN VEHICLES THAT ARE NOT CLAIMED BY THEIR OWNERS, LIENHOLDERS, OR THEIR AGENTS; TO AMEND SECTION 29-15-10, RELATING TO REPAIR AND STORAGE LIENS, SO AS TO PROVIDE WHEN CERTAIN STORAGE COSTS MAY BE CHARGED AND RECOVERED; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE CERTAIN LAW ENFORCEMENT AGENCIES MUST GIVE THE OWNER OF A VEHICLE WHICH THEY HAVE DIRECTED TO BE TOWED, AND TO PROVIDE THAT CERTAIN PENALTIES CONTAINED IN THIS SECTION DO NOT APPLY TO CERTAIN LIENHOLDERS, OR OWNERS, TO PROVIDE A DEFINITION FOR THE TERM "VEHICLE", TO PROVIDE THAT STORAGE COSTS FOR CERTAIN VEHICLES MUST NOT EXCEED SIXTY DAYS, TO DEFINE THE TERM "NOTIFICATION", TO REVISE THE CONTENT OF A NOTICE CONTAINED IN THIS SECTION, TO PROVIDE WHEN STORAGE COSTS ACCRUE AND MAY BE RECOVERED, TO REVISE THE CIRCUMSTANCES WHEN A LIENHOLDER OR OWNER OF A VEHICLE IS NOT SUBJECT TO A PENALTY UNDER THIS SECTION, AND TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT REQUESTED THAT A VEHICLE BE TOWED MUST PROVIDE THE TOWING COMPANY CERTAIN INFORMATION; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN UNCLAIMED VEHICLES, SO AS TO REVISE THE PROCEDURE FOR SELLING ABANDONED VEHICLES; TO REPEAL SECTION 56-5-2522 RELATING TO THE TOWING, STORAGE, AND DISPOSAL OF CERTAIN VEHICLES; AND BY ADDING ARTICLE 4, CHAPTER 15, TITLE 56 SO AS TO PROVIDE NONFRANCHISE AUTOMOBILE DEALER PRELICENSING PROCEDURES.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Anthony Bailey Bales Barfield Bingham Bowers Breeland G. Brown J. Brown Cato Ceips Chellis Clark Clemmons Clyburn Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrison Harvin Haskins Hayes Herbkersman Hinson Hosey Huggins Jennings Keegan Kirsh Koon Limehouse Littlejohn Loftis Lourie Lucas Mahaffey McCraw McLeod Merrill Moody-Lawrence J. M. Neal Owens Parks Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Sandifer Scott Sheheen Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stille Taylor Toole Townsend Umphlett Weeks Whipper White Whitmire Wilkins Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Rep. SANDIFER moved that the House recede until 2:15 p.m., which was agreed to.
At 2:15 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. LEACH moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., January 13, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 136, S. 194 by a vote of 0 to 45.
(R136) S. 194 (Word version) -- Senator McGill: AN ACT TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF "EMPLOYEE" THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS; AND TO AMEND SECTION 9-1-1790, AS AMENDED, RELATING TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS TO TIME A MEMBER MUST BE RETIRED BEFORE RETURNING TO COVERED EMPLOYMENT AND ALLOWED TO RECEIVE RETIREMENT BENEFITS UNTIL MEETING THE EARNING LIMIT FOR THE YEAR.
Very respectfully,
President
Received as information.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3744 (Word version) -- Reps. Sandifer, Kirsh, Richardson, Cato, Young, Battle, E. H. Pitts, Barfield, Ceips, Chellis, Clark, Cooper, Davenport, Duncan, Edge, Gilham, Herbkersman, Huggins, Keegan, Bingham, Leach, Littlejohn, Townsend, Kennedy, Loftis, Dantzler, Mahaffey, Bailey, Koon, McCraw, Frye, Owens, Perry, Umphlett, Phillips, Pinson, Rice, Scarborough, Simrill, D. C. Smith, J. R. Smith, Snow, Stille, Taylor, Toole, Tripp, Trotter, Vaughn, Viers, Walker, White, Whitmire and Witherspoon: A BILL TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2003 BY ADDING CHAPTER 32 TO TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A LIMIT OF TWO HUNDRED FIFTY THOUSAND DOLLARS FOR NONECONOMIC DAMAGES THAT MAY BE AWARDED A PLAINTIFF IN A PERSONAL INJURY ACTION AND TO PROVIDE THAT PUNITIVE DAMAGES MAY BE AWARDED FOR FRAUDULENT OR WILFUL OR INTENTIONAL CONDUCT SPECIFICALLY INTENDED TO HARM THE PERSON SEEKING PUNITIVE DAMAGES, TO REQUIRE A PLAINTIFF, PRIOR TO JUDGMENT, TO ELECT BETWEEN PUNITIVE DAMAGES AND OTHER DAMAGES AVAILABLE UNDER ANOTHER REMEDY, TO SPECIFY FACTORS THAT MUST BE CONSIDERED IN AWARDING PUNITIVE DAMAGES; TO ADD CHAPTER 40 TO TITLE 15 SO AS TO PROVIDE THAT IN ALL TORT ACTIONS EVIDENCE OF COLLATERAL SOURCE PAYMENTS TO BE MADE TO THE CLAIMANT IS ADMISSIBLE AND TO REQUIRE SPECIFIC FINDINGS TO BE MADE FOR THE AMOUNT OF CERTAIN PAST AND FUTURE DAMAGES; TO AMEND SECTION 34-31-20, AS AMENDED, RELATING TO THE ANNUAL LEGAL RATE OF INTEREST ON MONEY DECREES AND JUDGMENTS, SO AS TO CHANGE THE INTEREST RATE FROM TWELVE PERCENT TO SIX PERCENT; TO AMEND SECTION 15-1-310, RELATING TO IMMUNITY FROM LIABILITY FOR PERSONS, WHO IN GOOD FAITH, RENDER EMERGENCY CARE AT THE SCENE OF AN ACCIDENT, SO AS TO PROVIDE IMMUNITY TO HEALTH CARE PROVIDERS, WHO WITH NO EXPECTATION OF PAYMENT, RENDER MEDICAL CARE AND TO APPLY THE LIMITS OF LIABILITY PROVIDED FOR IN THE TORT CLAIMS ACT FOR ANY CLAIM BROUGHT AGAINST SUCH PERSONS; TO ADD SECTION 15-1-315 SO AS TO PROVIDE IMMUNITY FROM LIABILITY TO A HEALTH CARE PROVIDER FOR AN INJURY SUSTAINED BY A PATIENT FROM TAKING A PRESCRIPTION DRUG OR USING A MEDICAL DEVICE PRESCRIBED BY THE PROVIDER IN ACCORDANCE WITH INSTRUCTIONS OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION; TO AMEND SECTION 56-5-6540, AS AMENDED, RELATING TO VIOLATIONS OF MANDATORY SEATBELT USAGE, SO AS TO PROVIDE THAT SUCH VIOLATIONS ARE ADMISSIBLE TO PROVE CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OR CERTAIN OTHER DEFENSES IN A CIVIL ACTION; TO ADD CHAPTER 47 TO TITLE 15 SO AS TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE A CLAIMANT TO COMPLY WITH THESE PROCEDURES BEFORE COMMENCING LITIGATION FOR SUCH DEFECTS, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER, MEMBER, OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNER'S ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR SUCH DEFECTS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 15-78-20, AS AMENDED, RELATING TO THE TORT CLAIMS ACT, SO AS TO DELETE PROVISIONS AUTHORIZING RECOVERY AGAINST A GOVERNMENTAL HEALTH FACILITY FOR A CLAIM ARISING BEFORE THE EFFECTIVE DATE OF THE TORT CLAIMS ACT IF THE FACILITY MAINTAINED LIABILITY INSURANCE COVERAGE AND TO DELETE THE PROVISION SPECIFICALLY DELAYING INCLUSION OF PHYSICIANS AND DENTISTS IN THE TORT CLAIMS ACT UNTIL JANUARY 1, 1989; TO AMEND SECTION 15-78-30, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY" TO INCLUDE HEALTH CARE PROVIDERS RENDERING CARE UNDER MEDICAID AND OTHER PUBLICLY FUNDED HEALTH CARE PROGRAMS AND TO DEFINE "DISCRETIONARY ACT"; TO AMEND SECTIONS 15-78-70 AND 15-78-120, BOTH AS AMENDED, RELATING RESPECTIVELY TO THE STATE TORT CLAIMS ACT BEING THE EXCLUSIVE REMEDY FOR CLAIMS AGAINST THE STATE FOR ACTS OF ITS EMPLOYEES AND TO LIMITATIONS ON THE AMOUNT OF DAMAGES A PERSON MAY RECOVER, SO AS TO DELETE PROVISIONS PROVIDING NO LIMIT ON THE AMOUNT OF LIABILITY AGAINST PHYSICIANS OR DENTISTS RENDERING SERVICES WHICH ARE PAID FROM A SOURCE OTHER THAN A GOVERNMENTAL SALARY AND TO DELETE PROVISIONS WHICH ESTABLISH A HIGHER LIMIT OF LIABILITY UNDER THE TORT CLAIMS ACT FOR ACTIONS AGAINST GOVERNMENTAL PHYSICIANS AND DENTISTS ACTING WITHIN THE SCOPE OF THEIR GOVERNMENTAL EMPLOYMENT; TO ADD SECTION 15-78-55 SO AS TO PROVIDE THAT EACH EXCEPTION TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT IS SEPARATE FROM OTHER EXCEPTIONS AND EACH RENDERS THE GOVERNMENTAL ENTITY IMMUNE; TO AMEND SECTION 15-78-100, AS AMENDED, RELATING TO THE STATUTE OF LIMITATIONS AND JURISDICTION UNDER THE TORT CLAIMS ACT, SO AS TO AUTHORIZE A GOVERNMENTAL ENTITY TO IMPLEAD A PERSON OR ENTITY IN AN ACTION; TO AMEND SECTION 15-3-640, RELATING TO ACTIONS BASED ON DEFECT OR UNSAFE CONDITION OF IMPROVEMENT TO REAL PROPERTY, SO AS TO CHANGE THE STATUTE OF LIMITATIONS FROM THIRTEEN YEARS TO SIX YEARS; TO ADD SECTION 15-3-645 SO AS TO ESTABLISH A SIX-YEAR STATUTE OF LIMITATIONS ON ACTIONS BASED UPON AN ALLEGED DEFECT OR FAILURE IN A PRODUCT; TO ADD CHAPTER 41 TO TITLE 15 SO AS TO PROVIDE THAT IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, THE LIABILITY FOR EACH DEFENDANT IS SEVERAL ONLY AND MUST BE ALLOCATED TO THE DEFENDANTS BASED ON EACH DEFENDANT'S PERCENTAGE OF FAULT AND TO ESTABLISH CRITERIA FOR ESTABLISHING THE PERCENTAGES OF FAULT; TO AMEND CHAPTER 36, TITLE 15, RELATING TO SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT, SO AS TO REPLACE THE PROVISIONS OF THAT CHAPTER WITH PROVISIONS REQUIRING AN ATTORNEY FOR A PLAINTIFF TO SIGN DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE THAT THE SIGNING CONSTITUTES CERTIFICATION THAT THE DOCUMENT IS NOT FRIVOLOUS OR INTERPOSED FOR DELAY, AND TO PROVIDE SANCTIONS; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS WHICH MUST BE TRIED IN THE COUNTY IN WHICH THE DEFENDANT RESIDES, SO AS TO FURTHER PROVIDE FOR THE PROPER VENUE IF THE DEFENDANT IS A NONRESIDENT, A DOMESTIC CORPORATION, OR A FOREIGN CORPORATION; TO REPEAL SECTION 15-33-135 RELATING TO THE EVIDENTIARY STANDARD FOR PROVING PUNITIVE DAMAGES; TO REPEAL SECTION 44-7-50 RELATING TO THE MODIFICATION OF THE DOCTRINES OF CHARITABLE AND SOVEREIGN IMMUNITY; TO REPEAL SECTION 58-23-90 RELATING TO THE PROPER VENUE IN WHICH TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER; AND TO REPEAL CHAPTER 38, TITLE 15 RELATING TO THE UNIFORM CONTRIBUTION AMONG TORT FEASORS ACT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4464 (Word version) -- Reps. W. D. Smith, Taylor, G. M. Smith, Clemmons, Walker and Owens: A BILL TO ENACT THE "MEDICAL MALPRACTICE AND PATIENT SAFETY REFORM ACT" BY ADDING TITLE 15, CHAPTER 80 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
Ordered for consideration tomorrow.
The following was introduced:
H. 4540 (Word version) -- Reps. Cato, 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, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, 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, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS SINCERE GRATITUDE AND FRIENDSHIP TO HELEN ANN THROWER OF THE HOUSE OF REPRESENTATIVES, MOST RECENTLY SERVING AS STAFF COUNSEL TO THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE, AND TO WISH HER MUCH DESERVED SUCCESS IN HER NEW POSITION AS GENERAL COUNSEL TO THE SOUTH CAROLINA MEDICAL ASSOCIATION.
Whereas, the members of the House of Representatives note that Helen Ann Seigling Thrower has served on the staff of the House of Representatives from December 4, 2000, until the present; and
Whereas, Helen Ann came to her career in the House of Representatives after having been awarded a degree in political science from the College of Charleston in 1996 and a juris doctor degree from the University of South Carolina School of Law in 1999; and
Whereas, after having served as a law clerk in the Office of the Solicitor, Ninth Judicial Circuit, a teacher's assistant University of South Carolina School of Law, law clerk - Office of the Solicitor, Fifth Judicial Circuit, law clerk - Senate Judiciary Committee, October 1997 through June 1998, and as a clerk for Judge Diane S. Goodstein, Fifth Judicial Circuit 1999 through 2000; and
Whereas, Helen Ann began her service to the House of Representatives in December 2000 when she was appointed assistant staff counsel for the Labor, Commerce and Industry Committee; and
Whereas, she served in that capacity until March 2001 under the leadership of committee chairman Harry F. Cato until January 1, 2004, and devoting many hours of time to major business legislative initiatives including telecommunications, electric issues, insurance, at-will employment, and Public Service Commission reform; and
Whereas, Helen Ann's duties included wide-ranging matters such as analyzing, researching, and writing about business-related issues which have come before the General Assembly during these past few years, including staffing the screening of Employment Security Commission, Judicial and Public Service Commission candidates, and as co-counsel on a law suit concerning transferring of state funds in the Condon v. Hodges case; and
Whereas, we will sorely miss her dedication, skills, and resourcefulness; and
Whereas, it is appropriate for the members of the House of Representatives to pause in their deliberations to express their high regard for her service to this body as she assumes a position of general counsel with the South Carolina Medical Association. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, express their sincere gratitude and friendship to Helen Ann Seigling Thrower for her service to the House of Representatives, most recently serving as staff counsel to the House Labor, Commerce and Industry Committee, and wish her much deserved success in her new position as general counsel to the South Carolina Medical Association.
Be it further resolved that a copy of this resolution be presented to Helen Ann Seigling Thrower.
The Resolution was adopted.
The following was introduced:
H. 4541 (Word version) -- Reps. Lourie, Cotty, Harrison, Bales, J. Brown, J. H. Neal and Scott: A CONCURRENT RESOLUTION TO CONGRATULATE REVEREND JOHN RICHARD "DICK" LINCOLN ON HIS OUTSTANDING LEADERSHIP AND EXTRAORDINARY MINISTRY THROUGHOUT HIS TWENTY-FIVE YEARS AS PASTOR OF SHANDON BAPTIST CHURCH AND TO EXTEND BEST WISHES TO REVEREND LINCOLN IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4542 (Word version) -- Reps. Lourie, Cotty, Harrison, Bales, J. Brown, J. H. Neal and Scott: A HOUSE RESOLUTION TO CONGRATULATE THE SPRING VALLEY HIGH SCHOOL "VIKINGS" AND THEIR HEAD COACH, JOHN JONES, ON WINNING THE 2003 CLASS AAAA BOYS' CROSS COUNTRY STATE CHAMPIONSHIP MEET AND TO COMMEND THEM FOR THEIR DEDICATION, HARD WORK, AND COMPETITIVE SPIRIT.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4543 (Word version) -- Reps. Lucas, Sheheen, Freeman, Neilson and Jennings: A BILL TO AMEND SECTION 16-11-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CUTTING, REMOVING, OR TRANSPORTING TIMBER, LOGS, OR LUMBER WITHOUT PERMISSION, SO AS TO INCLUDE THE FRAUDULENT TAKING OF FOREST PRODUCTS AND PINE STRAW, AND PROVIDE PENALTIES.
Referred to Committee on Judiciary
H. 4544 (Word version) -- Rep. Harvin: A BILL TO ENACT THE "CLARENDON COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN CLARENDON COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF CLARENDON COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE GOVERNING BODY OF CLARENDON COUNTY AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM IN THE COUNTY ON THE QUESTION OF IMPOSITION OF THIS TAX, AND TO PROVIDE THAT A TAX IMPOSED PURSUANT TO THIS ACT MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE CLARENDON COUNTY TREASURER FOR THE CLARENDON COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL DETERMINE THE METHOD OF DISTRIBUTION OF THE REVENUES OF THIS TAX TO THE THREE SCHOOL DISTRICTS IN CLARENDON COUNTY, TO PROVIDE THAT THE TAX AUTHORIZED BY THIS ACT MUST BE IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Referred to Committee on Ways and Means
H. 4545 (Word version) -- Reps. Lourie, Allen, Battle, Branham, G. Brown, Clark, Delleney, Harvin, J. Hines, Hosey, Leach, Lucas, Miller, J. H. Neal and Rivers: 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 AND SECTION 20-7-8925, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF ALCOHOLIC LIQUORS, BOTH SO AS TO ADD AN ADDITIONAL ASSESSMENT OF TWENTY-FIVE DOLLARS TO THE FINE REQUIRED BY THESE SECTIONS AND TO PROVIDE FOR THE DISTRIBUTION OF THE ADDITIONAL ASSESSMENT TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES FOR YOUTH ALCOHOL PREVENTION PROGRAMS.
Referred to Committee on Judiciary
H. 4546 (Word version) -- Reps. Lucas and J. M. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-679 SO AS TO DESIGNATE THE RED-COCKADED WOODPECKER AS THE OFFICIAL ENDANGERED SPECIES OF THE STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4547 (Word version) -- Reps. Lucas and J. M. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-678 SO AS TO DESIGNATE GOLD AS THE OFFICIAL PRECIOUS METAL OF THE STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4548 (Word version) -- Reps. Duncan and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-1215 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES, BASED ON A SUFFICIENT SHOWING AFTER NOTICE AND IN THE MANNER REQUIRED BY THIS ARTICLE, SHALL SUSPEND FOR TWO YEARS THE HUNTING PRIVILEGES AND LICENSE, IF ANY, OF A PERSON WHO ACCIDENTALLY OR INTENTIONALLY SHOOTS LIVESTOCK WHILE HUNTING DEER, AND TO PROVIDE THAT BEFORE THE SUSPENSION PERIOD MAY BE LIFTED, THE OFFENDER SUCCESSFULLY SHALL COMPLETE A HUNTER EDUCATION CLASS OR COURSE APPROVED BY THE DEPARTMENT EDUCATING THE OFFENDER ON THE PROPER USE OF WEAPONS, GAME IDENTIFICATION, AND SAFETY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4549 (Word version) -- Rep. Viers: A BILL TO AMEND SECTION 38-71-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH INSURANCE COVERAGE OF NEWBORNS, SO AS TO PROVIDE THAT SUCH COVERAGE INCLUDES MEDICALLY NECESSARY FORMULAS AND FOOD PRODUCTS FOR TREATMENT OF PHENYLKETONURIA (PKU).
Referred to Committee on Labor, Commerce and Industry
H. 4550 (Word version) -- Rep. Viers: A BILL TO AMEND SECTION 37-3-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOAN FINANCE CHARGES FOR CONSUMER LOANS, SO AS TO PROVIDE THAT A SUPERVISED LENDER MAY NOT CONTRACT FOR AND RECEIVE A LOAN FINANCE CHARGE IN EXCESS OF THIRTY-SIX PERCENT A YEAR IN CONNECTION WITH A CONSUMER LOAN.
Referred to Committee on Labor, Commerce and Industry
H. 4551 (Word version) -- Reps. Ceips, Bailey, Battle, Bowers, Clyburn, Cooper, Davenport, Delleney, Duncan, Harvin, Herbkersman, Hosey, Keegan, Lloyd, Loftis, Lourie, Lucas, Neilson, Rhoad, Viers and White: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY THAT IS EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT CERTAIN PRIVATE PASSENGER VEHICLES OWNED OR LEASED BY PURPLE HEART RECIPIENTS ARE EXEMPT FROM AD VALOREM TAXES; AND TO AMEND SECTION 56-3-3310, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR PURPLE HEART RECIPIENTS, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THIS LICENSE PLATE, AND TO PROVIDE THAT THE SURVIVING SPOUSE OF A PURPLE HEART RECIPIENT IS ELIGIBLE TO OBTAIN THIS LICENSE PLATE AS LONG AS THE SURVIVING SPOUSE DOES NOT REMARRY.
Referred to Committee on Ways and Means
The Veto on the following Act was taken up:
(R181) H. 4285 (Word version) -- Reps. Battle and M. Hines: 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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
Rep. EDGE moved to adjourn debate upon the Senate Amendments until Wednesday, January 28, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3986 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO CLARIFY ON WHICH BASIS THE AMOUNT OF THE PRIZE IS CALCULATED AND PROVIDE FOR THE REGULATION OF PROMOTIONS CONDUCTED DURING A BINGO SESSION; AND TO AMEND SECTIONS 12-21-4020 AND 12-21-4120, BOTH AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE.
Rep. BREELAND made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following 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. EDGE explained the Resolution.
Rep. KIRSH spoke against the Resolution.
Rep. KIRSH moved to table the Resolution, which was agreed to.
The motion period was dispensed with on motion of Rep. WHITE.
The following Bill was taken up:
H. 3475 (Word version) -- Reps. F. N. Smith and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO REQUIRE ALL COUNTIES TO RECOGNIZE MARTIN LUTHER KING, JR. DAY AS A COUNTY HOLIDAY.
Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
H. 3649 (Word version) -- Reps. Huggins, Bales, Koon, Frye, Altman, J. Brown, Cato, Hinson, Merrill, E. H. Pitts, Quinn, Rice, Scarborough, Scott, Snow, Toole, Wilkins and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE GENERAL ASSEMBLY, AND THE GOVERNING BODY OF ANY LOCAL POLITICAL SUBDIVISION OF THIS STATE, IN ORDER TO IMPOSE OR INCREASE ANY TYPE OF TAX OR FEE, MUST DO SO BY A TWO-THIRDS VOTE OF THE MEMBERS OF THE BODY.
The Ways and Means Committee proposed the following Amendment No. 19 (Doc Name COUNCIL\GJK\20595SD03):
Amend the bill, as and if amended, by striking Section 1-1-1410 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 1-1-1410. Beginning July 1, 2003, the General Assembly and the governing body of any local political subdivision of this State authorized either to levy taxes or to imposed fees, or both, in order to impose or increase any type of tax or fee, in the manner permitted by law, must do so by a two-thirds vote of the members of the body. The provisions of this section supercede the positive majority voting requirement for local governing bodies to assess taxes or fees as provided in Article 3, Chapter 1 of Title 6. /
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
Rep. MCLEOD moved to adjourn debate on the Bill until Wednesday, January 28.
Rep. MCGEE moved to table the motion, which was rejected.
The question then recurred to the motion to adjourn debate until Wednesday, January 28, which was agreed to.
Rep. LITTLEJOHN moved to adjourn debate upon the following Bill until Wednesday, January 21, which was adopted:
H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, R. Brown, J. H. Neal, Rutherford, Frye, Bales, Bowers, G. Brown, J. Brown, Cobb-Hunter, Dantzler, Freeman, Gourdine, Harvin, Hayes, Ott, Clark, Lee, E. H. Pitts, Martin, McLeod, McCraw, Moody-Lawrence, Neilson, Phillips, Rhoad, Rivers, Scott, F. N. Smith, Snow, Stille, Townsend and Umphlett: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Rep. WHITE moved to adjourn debate upon the following Bill until Tuesday, February 3, which was adopted:
H. 3987 (Word version) -- Reps. White and Altman: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.
The following Joint Resolution was taken up:
H. 3490 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE THE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING DELETING THE PROVISION THAT ON-PREMISES ESTABLISHMENTS ARE LICENSED TO SELL ALCOHOLIC LIQUORS AND BEVERAGES ONLY IN SEALED CONTAINERS OF TWO OUNCES OR LESS, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THE SALE OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING PROVISIONS CONCERNING THE RIGHT TO SELL ALCOHOLIC LIQUORS AND BEVERAGES IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1, Article VIII-A of the Constitution of this State be amended to read:
"Section 1. In the exercise of the police power the General Assembly shall have has the right to prohibit and to regulate the manufacture, and sale, and retail of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture, and sell, and retail alcoholic liquors or beverages within the State under such the rules and restrictions as it deems considers proper; including the right to sell alcoholic liquors and beverages in containers of such size as the General Assembly considers appropriate; or the General Assembly may prohibit the manufacture and sale and retail of alcoholic liquors and beverages within the State, and may authorize and empower State, county and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems expedient. Provided, that no license shall be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; provided, further, that the. The General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell alcoholic liquors or beverages the same. Provided, further, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide."
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 VIII-A of the Constitution of this State, relating to the powers of the General Assembly pertaining to alcoholic liquors and beverages, be amended so as to delete the detailed requirements for the regulation of alcoholic liquors and beverages, including deleting the provision that on-premises establishments are licensed to sell alcoholic liquors and beverages only in sealed containers of two ounces or less, and to authorize the General Assembly to regulate the sale of alcoholic liquors and beverages, including provisions concerning the right to sell alcoholic liquors and beverages in containers of such size as the General Assembly considers appropriate?
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. COTTY 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:
Anthony Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Clark Clyburn Coates Cobb-Hunter Cooper Cotty Davenport Delleney Duncan Edge Emory Freeman Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines Hinson Hosey Huggins Keegan Kennedy Leach Limehouse Littlejohn Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Rivers Sandifer Scarborough Skelton G. M. Smith G. R. Smith J. R. Smith Snow Stewart Stille Talley Taylor Toole Tripp Trotter Umphlett Vaughn Viers Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Frye Kirsh Koon Loftis Moody-Lawrence Perry Scott Simrill D. C. Smith Thompson
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
S. 500--AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up:
S. 500 (Word version) -- Senators McConnell, Ford and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE THAT CHILDREN'S ADVOCACY CENTER RECORDS ARE CONFIDENTIAL.
Reps. HINSON and YOUNG proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7071AHB04), which was adopted:
Amend the bill, as and if amended, Section 20-7-495 as found in SECTION 1, page 2, line 43, immediately after subsection (C), by adding a new subsection to read:
/ (D) Nothing in this section requires the exclusive use of a Children's Advocacy Center. /
Renumber sections to conform.
Amend title to conform.
Rep. HINSON explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Coates Cobb-Hunter Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines Hinson Hosey Huggins Keegan Kennedy Kirsh Leach Lee Limehouse Loftis Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Sandifer Scarborough Scott Sheheen Simrill Skelton G. M. Smith J. R. Smith W. D. Smith Stille 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 Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber when the vote was taken on S. 500. I would have voted in favor of the Bill.
Rep. William Clyburn
The following was received:
Columbia, S.C., January 13, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4268.
H. 4268 (Word version) -- Rep. Duncan: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Very respectfully,
President
Received as information.
CONFERENCE REPORT
H. 4268
The General Assembly, Columbia, S.C., June 5, 2003
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4268 (Word version) -- Rep. Duncan: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Notwithstanding the provisions of Section 57-23-800 of the 1976 Code, or any other provision of law, the roadside adjacent to the Laurens County Industrial Park on Interstate Highway 26 beginning at the interchange of Interstate Highway 26 and State Highway 72 and extending east two-tenths of a mile past mile marker 54 may be mowed beyond thirty feet from the pavement.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The Honorable Arthur Ravenel, Jr. The Honorable Jeffrey D. Duncan The Honorable Ralph Anderson The Honorable Becky Martin The Honorable Daniel Verdin The Honorable Joel Lourie On Part of the Senate. On Part of the House.
Rep. DUNCAN explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. WHITE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3826 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SC 176 BETWEEN SPARTANBURG AND UNION, WEST MAIN STREET WEST OF THE TOWN OF PACOLET IN SPARTANBURG COUNTY IN HONOR OF VOIGT MILTON EPTING FOR HIS DEDICATION TO EDUCATING THE YOUNG PEOPLE OF THE STATE AND INSTALL APPROPRIATE MARKERS OR SIGNS DENOTING THE "VOIGT MILTON EPTING INTERSECTION".
H. 4498 (Word version) -- Reps. Huggins and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE JESSICA DIANE EDDINS FOR HER WONDERFUL REIGN AS MISS SOUTH CAROLINA 2003 AND WISH HER EVERY SUCCESS IN THE FUTURE AS HER REIGN COMES TO A CLOSE.
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.
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 MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE 2003 CLEMSON UNIVERSITY "TIGERS" FOOTBALL TEAM AND HEAD COACH TOMMY BOWDEN ON THEIR OUTSTANDING WINNING SEASON AND TO APPLAUD THE CLEMSON "TIGERS" ON THEIR TREMENDOUS VICTORY IN THE 2003 CHICK-FIL-A PEACH BOWL.
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.
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.
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.
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 SIGNIFICANT CONTRIBUTIONS IN PEDIATRICS AND CHILD CARE IN SOUTH CAROLINA.
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.
H. 4533 (Word version) -- Reps. Owens, Rice, Leach and Skelton: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CAPTAIN KIMBERLY HAMPTON OF EASLEY, SOUTH CAROLINA, ON FRIDAY, JANUARY 2, 2004, TO CONVEY THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS, AND TO PROVIDE THAT THE FLAGS WHICH FLEW OVER THE STATE HOUSE ON JANUARY 10, 2004, SHALL BE GIVEN TO PRESBYTERIAN COLLEGE IN HER HONOR.
H. 4535 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND REVEREND T.E. SIMMONS, M. DIV., OF GREENVILLE COUNTY FOR TWENTY YEARS OF CHRISTIAN SERVICE AS PASTOR OF REEDY FORK MISSIONARY BAPTIST CHURCH IN THE TOWN OF SIMPSONVILLE, AND TO WISH HIM AND HIS CONGREGATION CONTINUED GROWTH IN NUMBERS AND GOD'S GRACE.
At 3:00 p.m. the House, in accordance with the motion of Rep. WITHERSPOON, adjourned in memory of Penelope (Penny) Snow, wife of Representative Snow, to meet at 10:00 a.m. tomorrow.
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