Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 72:17b: "All nations will be blessed through Him, and they will call Him blessed."
Let us pray. Lord God Almighty, where we have power and influence, we have not always brought Your priorities to bear. Forgive us these lapses in our thinking and actions. Direct us again to the source of our being and ground us in Your mercy. Bless, preserve, and protect our State, Nation, and those who lead. Keep our defenders of freedom in Your safe care. Hear our prayer, O God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. PERRY moved that when the House adjourns, it adjourn in memory of C. T. "Buddy" Coleman, Jr. of Aiken, which was agreed to.
The following was received:
In accordance with the action taken by the General Assembly on April 9, 1963 and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand $ 10.00
Total number of Manuals sold from
May 13, 2003 to February 17, 2004
2,662 @ $5.00 each 13,310.00
TOTAL $13,320.00
Accounting:
Cash on Hand $ 10.00
Cash Deposited in State's
General Fund 13,310.00
TOTAL $13,320.00
Sandra K. McKinney
Clerk of the House
February 17, 2004
Received as information.
The following was received:
Columbia, S.C., February 17, 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. 127, H. 3749, Veto 21, by a vote of 0 to 46.
(R127, H3749 ) -- 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.
Very respectfully,
President
Received as information.
The following was received:
February 12, 2004
The Honorable David Weeks
South Carolina House of Representatives
2 Marlborough Court
Sumter, S.C. 29145
Dear David:
It is with pleasure that I appoint you to serve on the Judiciary Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
I look forward to working with you.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The following was received from the Senate:
Columbia, S.C., February 4, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 560:
S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.
and asks for a Committee of Conference and has appointed Senators Leventis, Leatherman and O'Dell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HARRELL, MCGEE and BATTLE 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 from the Senate:
Columbia, S.C., February 11, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3900:
H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E. H. Pitts, Mack, M. A. Pitts, Richardson, J. H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J. R. Smith, Snow, Talley, Bailey, Trotter, Umphlett, White, Thompson, Whitmire, Whipper, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, AS ESTABLISHED IN CHAPTER 44, TITLE 41 OF THE 1976 CODE, ARE TRANSFERRED TO THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND WITHIN THE SOUTH CAROLINA VENTURE CAPITAL FUND; AND TO REPEAL CHAPTER 44, TITLE 41 RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP.
and asks for a Committee of Conference and has appointed Senators Leventis, Leatherman and O'Dell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HARRELL, MCGEE and BATTLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 942 (Word version) -- Senators Leatherman, Leventis and Knotts: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT SECTION OF HIGHWAY 76/301 NORTH COMMENCING AT THE INTERSECTION OF HIGHWAY 327 AND ENDING AT THE OLD MARION HIGHWAY IN HONOR OF MR. CHRISTOPHER JAMES YAHNIS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY CONTAINING THE WORDS "CHRISTOPHER JAMES YAHNIS HIGHWAY".
Ordered for consideration tomorrow.
On motion of Rep. YOUNG, with unanimous consent, the following was taken up for immediate consideration:
H. 4762 (Word version) -- Reps. Young, Bailey, Chellis and Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE PINEWOOD "PANTHERS" BOYS BASKETBALL TEAM AND HEAD COACH, PAT EIDSON, OF CHARLESTON COUNTY, ON WEDNESDAY, FEBRUARY 25, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE TEAM ON ITS WINNING SEASON AND HEAD COACH PAT EIDSON ON THE OCCASION OF CAPTURING THE 500TH WIN OF HIS COACHING CAREER.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Pinewood "Panthers" Boys Basketball Team and Head Coach Pat Eidson, of Charleston County, on Wednesday, February 25, 2004, at a time to be determined by the Speaker, to congratulate the team on its winning season and Head Coach Pat Eidson on the occasion of capturing the 500th win of his coaching career.
The Resolution was adopted.
The Senate sent to the House the following:
S. 776 (Word version) -- Senators Moore, Martin and Reese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO INITIATE ACTION AFFECTING UNITED STATES' TRADE POLICY TOWARD CHINA SO AS TO PROTECT AND PRESERVE THE TEXTILE INDUSTRY OF SOUTH CAROLINA AND THE UNITED STATES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
S. 963 (Word version) -- Senators Alexander, Drummond, Elliott, Grooms, Hayes, Knotts, Martin, Peeler, Sheheen and Thomas: 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.
Whereas, the 2003 Clemson University Football Team, under the leadership of Head Coach Tommy Bowden, topped off a winning season with a tremendous victory over the University of Tennessee "Volunteers" in the Chick-Fil-A Peach Bowl, in Atlanta, Georgia; and
Whereas, after defeating a third-ranked Florida State University team on November 8, Clemson went on to upset the sixth-ranked Tennessee "Volunteers" by a 24-17 victory, making the 2003 season the second season in school history that Clemson defeated two Top Ten teams in the same year; and
Whereas, with its victory in the Chick-Fil-A Peach Bowl, the 2003 Clemson Football Team became the first Clemson team to defeat Tennessee since 1919 and Head Coach Tommy Bowden moved into eighth place among the winningest active coaches in Division I college football; and
Whereas, the 2003 Clemson Football Team showcased their talent in the Chick-Fil-A Peach Bowl with Quarterback Charlie Whitehurst setting an ACC record for passing yardage by a sophomore with 3,561 yards and Derrick Hamilton leading the ACC in all-purpose running yardage; and
Whereas, with Clemson's selection to the Chick-Fil-A Peach Bowl, Tommy Bowden becomes the first coach in ACC history to take a league team to a bowl game in each of his first five years with a program; and
Whereas, the Clemson Tigers finished the 2003 season with an overall record of 9-4 and ranked 22nd overall in the final Associated Press and ESPN/USA Today Coach's Poll; and
Whereas, Clemson showed great improvement over the course of the season and finished the regular season second in the ACC in total offense and third in total defense, joining ACC Champion Florida State as the only two teams to finish in the top three in the league in both areas; and
Whereas, Head Coach Tommy Bowden and his coaching staff have given the Clemson Tiger fans much to look forward to for the 2004 football season and if the win on January 2, 2004, is any indication, the "Tigers" will have a high-powered, fierce season of football in 2004; and
Whereas, the General Assembly, along with the citizens of the great State of South Carolina, are extremely proud of Head Coach Tommy Bowden, his assistant coaches, and of course, the fine young athletes which comprise the Clemson Football Team; and
Whereas, the success of the 2003 Clemson Football Team has brought pride not only to the University, its loyal alumni and supporters, and the enthusiastic and spirited fans, but also to the citizens of the Palmetto State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, extend their sincere congratulations to the 2003 Clemson University "Tigers" Football Team and Head Coach Tommy Bowden on their outstanding winning season and applaud the Clemson "Tigers" on their tremendous victory in the 2003 Chick-Fil-A Peach Bowl.
Be it further resolved that a copy of this resolution be presented to Head Coach Tommy Bowden.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4763 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 2 AND 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2004.
Referred to Committee on Judiciary
H. 4764 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO DECREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM SEVEN TO FIVE.
On motion of Rep. LITTLEJOHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4765 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Quinn, Townsend, Witherspoon, Leach, Viers, Koon, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, J. Brown, Ceips, Clark, Clemmons, Clyburn, Coates, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Gilham, Hagood, Hamilton, Harvin, Haskins, Hayes, Herbkersman, Hinson, Huggins, Keegan, Kirsh, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, McCraw, McGee, Merrill, J. M. Neal, Neilson, Owens, Parks, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Richardson, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Walker, White, Whitmire and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.
Referred to Committee on Ways and Means
H. 4766 (Word version) -- Reps. Townsend, Thompson, Cooper, Martin, Stille and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-694 SO AS TO PROVIDE THAT THE COUNTRY MUSIC CENTER LOCATED IN BELTON, SOUTH CAROLINA, IS DESIGNATED AS THE OFFICIAL SOUTH CAROLINA COUNTRY MUSIC HALL OF FAME CENTER.
Referred to Committee on Education and Public Works
H. 4767 (Word version) -- Reps. J. E. Smith, Harrison and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS IN EACH HIGH SCHOOL IN THE COUNTY FOR USE BY STUDENTS WHO ATTAIN THE AGE OF EIGHTEEN.
Referred to Committee on Judiciary
S. 277 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO ESTABLISH CRITERIA BY WHICH A COUNTY MAY OFFER ECONOMIC INCENTIVES FOR RENOVATION AND REHABILITATION OF ARCHITECTURALLY SIGNIFICANT HOMES BY OWNERS WHO OCCUPY THEM.
Referred to Committee on Ways and Means
S. 856 (Word version) -- Senator Hawkins: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
On motion of Rep. TALLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, February 17.
David Mack Todd Rutherford Robert Walker Jerry Govan Douglas Jennings Bessie Moody-Lawrence Seth Whipper Fletcher Smith Gary Simrill
The SPEAKER granted Rep. STEWART a leave of absence for today and tomorrow due to business reasons.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the day due to illness.
Rep. RUTHERFORD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 11.
Announcement was made that Dr. William O'Connor of Myrtle Beach is the Doctor of the Day for the General Assembly.
Rep. WILKINS presented to the House the Clemson University "Tigers" Football Team, winners of the 2003 Chick-Fil-A Peach Bowl, their coach and other school officials.
Reps. RICHARDSON, DELLENEY, EMORY, KIRSH, MCCRAW and MOODY-LAWRENCE presented to the House the Fort Mill High School Band, the 2003 Class AAAA State Champions, their directors and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4674 (Word version)
Date: ADD:
02/17/04 HAGOOD
Bill Number: H. 4674 (Word version)
Date: ADD:
02/17/04 YOUNG
Bill Number: H. 4657 (Word version)
Date: ADD:
02/17/04 HAGOOD
Bill Number: H. 3689 (Word version)
Date: ADD:
02/17/04 E. H. PITTS
Bill Number: H. 4271 (Word version)
Date: ADD:
02/17/04 E. H. PITTS
Bill Number: H. 4656 (Word version)
Date: ADD:
02/17/04 GOVAN
Bill Number: H. 4656 (Word version)
Date: ADD:
02/17/04 HOSEY
Bill Number: H. 4656 (Word version)
Date: ADD:
02/17/04 G. R. SMITH
Bill Number: H. 4656 (Word version)
Date: ADD:
02/17/04 LOFTIS
Bill Number: H. 3714 (Word version)
Date: ADD:
02/17/04 G. R. SMITH
Bill Number: H. 3482 (Word version)
Date: ADD:
02/17/04 CHELLIS
Bill Number: H. 3482 (Word version)
Date: ADD:
02/17/04 BARFIELD
Bill Number: H. 3482 (Word version)
Date: ADD:
02/17/04 G. R. SMITH
Bill Number: H. 3482 (Word version)
Date: ADD:
02/17/04 WHITE
Bill Number: H. 3482 (Word version)
Date: ADD:
02/17/04 COOPER
Bill Number: H. 3482 (Word version)
Date: ADD:
02/17/04 DUNCAN
Bill Number: H. 3482 (Word version)
Date: ADD:
02/17/04 CLEMMONS
Bill Number: H. 3858 (Word version)
Date: ADD:
02/17/04 DUNCAN
Bill Number: H. 3858 (Word version)
Date: ADD:
02/17/04 CLEMMONS
Bill Number: H. 4746 (Word version)
Date: ADD:
02/17/04 BINGHAM
Bill Number: H. 4481 (Word version)
Date: ADD:
02/17/04 J. BROWN
Bill Number: H. 3525 (Word version)
Date: REMOVE:
02/17/04 KIRSH
The following Bill was taken up:
H. 4454 (Word version) -- Reps. Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-140 SO AS TO PROVIDE THAT FOR CERTAIN POLITICAL SUBDIVISIONS OF THIS STATE THAT WERE CREATED TO OPERATE HOSPITALS ON A LOCAL OR REGIONAL BASIS, THE ABILITY TO CALL FOR OR CONDUCT ADVISORY OR BINDING REFERENDA REGARDING THEIR ACTIVITIES SHALL REST SOLELY WITH THE GOVERNING BOARD OF THE POLITICAL SUBDIVISION AND THE GOVERNMENTAL BODIES WHICH APPOINT THE BOARD, INCLUDING A COUNTY LEGISLATIVE DELEGATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20919SD04), which was adopted:
Amend the bill, as and if amended, in Section 6-1-140 of the 1976 Code, as contained in SECTION 1, by striking on line 37, page 1 / and the governmental bodies which appoint / and inserting / or a governmental body which appoints /.
When amended Section 6-1-140 shall read:
"Section 6-1-140. Notwithstanding any other provision of law, for political subdivisions of this State that were created to operate hospitals on a local or regional basis, which receive Medicaid funds to directly provide health care services, and whose governing body is not a county board, committee, or commission within the meaning of Section 4-9-170, the ability to call for or conduct advisory or binding referenda regarding their activities shall rest solely with the governing board of the political subdivision or a governmental body which appoints the board, including a county legislative delegation."
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3482 (Word version) -- Reps. Bingham, Trotter, M. A. Pitts, Umphlett, Taylor, E. H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Loftis, Ceips, Toole, Altman, White, G. R. Smith, Barfield, Chellis, Clemmons, Cooper, Duncan, Merrill, Scarborough, Ott and Quinn: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12156AC04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 23, Title 16 of the 1976 Code is amended to read:
PISTOLS Handguns
Section 16-23-10. When used in this article:
(a)(1) 'Pistol' 'Handgun' means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges.
(b)(2) The term 'Dealer' means any person engaged in the business of selling firearms at retail or any person who is a pawnbroker.
(c)(3) The term 'Crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year.
(d)(4) The term 'Fugitive from justice' means any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence.
(e)(5) The term 'Subversive organization' means any group, committee, club, league, society, association or combination of individuals the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the government of the United States or any state or political subdivision thereof, by the use of force, violence, espionage, sabotage, or threats or attempts of any of the foregoing.
(f)(6) The term 'Conviction' as used herein shall include pleas of guilty, pleas of nolo contendere and forfeiture of bail.
(g)(7) The term 'Division' shall mean means the State Law Enforcement Division.
(h)(8) The terms 'Purchase' or 'sell' mean means to knowingly buy, offer to buy, receive, lease, rent, barter, exchange, pawn or accept in pawn.
(i)(9) The term 'Person' shall mean means any individual, corporation, company, association, firm, partnership, society or joint stock company.
(10) 'Luggage compartment' means the trunk of a motor vehicle which contains such; however, with respect to a motor vehicle which does not contain a trunk, the term 'luggage compartment' refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, or sport utility vehicle, the term 'luggage compartment' refers to the area behind, but not under, the rearmost seat. In a truck, the term 'luggage compartment' refers to the area behind, but not under, the front seats.
Section 16-23-20. It is unlawful for anyone to carry about the person any pistol handgun, whether concealed or not, except as follows and as otherwise specifically prohibited by law:
(1) regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators.;
(2) members of the Armed Forces of the United States or of, the National Guard, organized reserves, or the State Militia when on duty.;
(3) members, or their invitees, of organizations authorized by law to purchase or receive firearms from the United States or this State, or regularly enrolled members, or their invitees, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invitees, are at or going to or from their places of target practice or their shows and exhibits.;
(4) licensed hunters or fishermen while who are engaged in hunting or fishing or going to or from their places of hunting or fishing. while in a vehicle or on foot;
(5) Any a person regularly engaged in the business of manufacturing, repairing, repossession repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a pistol handgun in the usual or ordinary course of the business.;
(6) guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency thereof. of the United States;
(7) Any members of authorized military or civil organizations while parading or the members thereof when going to and from the places of meeting of their respective organizations.;
(8) Any a person in his home, or upon his real property, or fixed place of business. a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;
(9) Any a person in a vehicle where if the pistol handgun is secured in a closed glove compartment, closed console, or closed trunk., or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance;
(10) Any a person carrying a pistol handgun unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of one's residence or the changing or moving of his one's fixed place of business.;
(11) Any a prison guard while engaged in his official duties.;
(12) Any a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol handgun about his person, under conditions set forth in the permit., and while transferring the handgun between the permittee's person and a location specified in item (9);
(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after acquiring a permit pursuant to item (12);
(14) a person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits issued pursuant to item (12);
(15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.
Persons authorized to carry weapons pursuant to items (6) and (12) of this section may exercise this privilege only after acquiring a permit from the State Law Enforcement Division as provided for in Article 4 of Chapter 31 of Title 23.
Section 16-23-30. (A) It shall be is unlawful for any a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any pistol handgun to:
(a)(1) Any a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent.
(b)(2) Any a person who is a member of a subversive organization.
(c)(3) Any a person under the age of twenty-one, but this shall not apply to the issue of pistols handguns to members of Armed Forces of the United States, active or reserve, National Guard, State Militia or R. O. T. C., when on duty or training or the temporary loan of pistols handguns for instructions under the immediate supervision of a parent or adult instructor.
(d)(4) Any a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a pistol handgun, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but any person who shall be the subject of such an application shall be entitled to reasonable notice and a proper hearing prior to any such adjudication.
(e)(B) It shall be is unlawful for any a person covered in (a), (b), (c) or (d) of this section enumerated in subsection (A) to possess or acquire pistols handguns within this State.
(f) (C) No A person shall may not knowingly buy, sell, transport, pawn, receive, or possess any stolen pistol handgun or one from which the original serial number has been removed or obliterated.
Section 16-23-50. (A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) In addition to the penalty provided in this section, the pistol handgun involved in the violation of this article must be confiscated. The pistol handgun must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated pistol handgun may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell pistols handguns in this State for a pistol handgun or any other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the pistol handgun, it the division may keep it the handgun for use by its forensic laboratory. Records must be kept of all confiscated pistols handguns received by the law enforcement agencies under the provisions of this article.
Section 16-23-55. (A) A pistol handgun that is found and turned over to a law enforcement agency must be held for a period of ninety days. During that period, the agency shall make a diligent effort to determine:
(1) if the pistol handgun is stolen;
(2) if it has been used in the commission of a crime;
(3) the true owner of the pistol handgun.
(B) At least twice during the ninety-day holding period the agency shall advertise the pistol handgun with its full description in a newspaper having general circulation in the county where the pistol handgun was found.
(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the pistol handgun, the agency shall return the pistol handgun to this person if the individual fully completes the application process as described in Section 23-31-140 and in federal law and pays all advertising and other costs incidental to returning the pistol handgun. No pistol A handgun may not be returned until the individual fully completes the application.
(D) Upon proper completion of the application, the law enforcement agency shall provide copies of the application in compliance with Section 23-31-140.
Section 16-23-60. Provisions of this article shall must not be construed to grant any additional police powers not authorized by law, nor or must not in any manner affect the powers of constables commissioned by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3762 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONVICTED OF AN OFFENSE WHO ARE IN THE CUSTODY OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT A TRIAL JUDGE MAY CHOOSE TO NOT RECEIVE NOTIFICATION OF THE PENDING RELEASE OF CERTAIN INMATES ON WORK RELEASE.
Rep. DELLENEY explained the Bill.
H. 4687 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO ALLOW AN ENTITY THAT BEGAN PARTICIPATION IN THE STATE HEALTH INSURANCE PLAN BEFORE APRIL 1, 2004, TO DISCONTINUE PARTICIPATION IN THE PLAN REGARDLESS OF THE FOUR-YEAR MINIMUM PARTICIPATION REQUIREMENT IF THE ENTITY IS ADVERSELY AFFECTED BY THE IMPLEMENTATION OF EXPERIENCE RATING IN JULY 1, 2004, AND TO PROVIDE THE REQUIREMENTS FOR DISCONTINUING SUCH PARTICIPATION.
Rep. COOPER explained the Joint Resolution.
H. 4750 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 20-7-5010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE CHILDREN'S TRUST FUND, SO AS TO AUTHORIZE AWARDING TRUST FUND GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN AND TO STATE AGENCIES THAT PROVIDE MATCHING FUNDS; TO AMEND SECTION 20-7-5030, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF TRUSTEES FOR THE CHILDREN'S TRUST FUNDS, SO AS TO AUTHORIZE THE BOARD TO ASSESS NEEDS, SOLICIT PROPOSALS, AND AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN; AND TO AMEND SECTION 20-7-5050, RELATING TO THE LIMITATION ON THE AMOUNT OF CHILDREN'S TRUST FUND REVENUES THAT MAY BE DISBURSED, SO AS TO REMOVE THIS LIMITATION.
Rep. LEACH explained the Bill.
The following Bill was taken up:
H. 4656 (Word version) -- Reps. Cato, Sandifer, Huggins, Bailey, Bales, Barfield, Bingham, Bowers, G. Brown, J. Brown, Chellis, Cooper, Dantzler, Edge, Hamilton, Harrell, Harrison, Hinson, Jennings, Leach, Lee, Limehouse, Lourie, Mack, Martin, McCraw, Miller, Perry, Quinn, Rice, Richardson, Rutherford, Scarborough, Scott, J. R. Smith, W. D. Smith, Thompson, Tripp, Trotter, White, Witherspoon, Young, Moody-Lawrence, Gourdine, Allen, Weeks, Walker, Owens, Govan, Loftis, G. R. Smith and Hosey: A BILL TO AMEND SECTION 58-9-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A TELEPHONE UTILITY TO BE GRANTED A CERTIFICATE OF NECESSITY BEFORE THE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO PROVIDE THAT TELECOMMUNICATIONS CARRIERS THAT HAVE ELECTED TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B) SHALL PROVIDE THESE CONTRACTS TO THE PUBLIC SERVICE COMMISSION AS REQUIRED; AND TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO THE ELECTION A LOCAL EXCHANGE CARRIER MAY MAKE WITH REGARD TO ITS REGULATION, SO AS TO PROVIDE FURTHER CONDITIONS UNDER WHICH A LOCAL EXCHANGE CARRIER MAY MAKE THIS ELECTION, TO DEFINE "ABUSE OF MARKET POSITION" AND REQUIRE THE COMMISSION TO RESOLVE COMPLAINTS WITHIN ONE HUNDRED TWENTY DAYS, TO DEFINE "BUNDLED OFFERING" AND "CONTRACT OFFERING", TO PROHIBIT THE COMMISSION FROM REGULATING A BUNDLED OFFERING OR CONTRACT OFFERING BY A CARRIER AND REQUIRE A CARRIER TO ADHERE TO AN ALTERNATIVE REGULATORY PLAN UNTIL IT EXPIRES OR IS TERMINATED BY THE COMMISSION, WHICHEVER IS SOONER, TO PROVIDE THAT A LOCAL EXCHANGE CARRIER PROVIDING BUNDLED OFFERINGS OR CONTRACT OFFERINGS IS OBLIGATED TO PROVIDE CERTAIN UNIVERSAL SERVICE FUND (USF) CONTRIBUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH ACCESS MINUTES OF USE MUST BE CLASSIFIED AND REPORTED FOR PURPOSES OF ADMINISTERING THE INTERIM LOCAL EXCHANGE CARRIER FUND.
Reps. NEILSON, HAYES, MILLER, ALLEN, G. BROWN, CATO, SANDIFER, J. BROWN, SCARBOROUGH, ALTMAN, DAVENPORT, MCGEE, BALES, BAILEY, PERRY, J. R. SMITH, DUNCAN, J. M. NEAL, PINSON, J. E. SMITH and J. H. NEAL requested debate on the Bill.
The following Bill was taken up:
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.
Rep. ALTMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 4753 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO RECIPIENT UTILIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. J. BROWN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 4754 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. J. BROWN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 4755 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO HEARING PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. J. BROWN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
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.
Rep. SCOTT 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 Concurrent Resolution was taken up:
H. 4743 (Word version) -- Reps. Miller, Harvin, R. Brown and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 17 FROM THE TOWN LIMITS OF AWENDAW TO THE TOWN LIMITS OF MCCLELLANVILLE IN HONOR OF THE LATE JAMES MITCHELL "MITCH" GRAHAM WHO WAS ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC OFFICIALS AND WHO WAS INSTRUMENTAL IN THE FOUNDING OF THE SOUTH CAROLINA ASSOCIATION OF COUNTIES AMONG OTHER ACHIEVEMENTS.
Whereas, the late James Mitchell "Mitch" Graham was one of South Carolina's most distinguished local public officials; and
Whereas, J. Mitchell Graham was born in 1926 and died in 1972 at the age of 46. He served on Charleston County Council from 1955 to 1972. He was Chairman of Charleston County Council from 1957 to 1965, from 1967 to 1970, and in 1972; and
Whereas, Mitch Graham was one of the founders and leaders of the South Carolina Association of Counties. The Association of Counties was established in 1967. Mitch Graham served as vice president of the association in 1968-1969. He was president of the association from 1969-1971, and served on the board of directors until his death in 1972; and
Whereas, the most prestigious award that the association bestows at its annual conference is named in his honor. Established in 1973, the J. Mitchell Graham Memorial Award competition will be celebrating its thirty-first anniversary this year. Counties present projects they have undertaken in the past year that have successfully addressed a county need or responded to a county problem. From these presentations county winners are then selected. The award is presented as a tribute to the influence and leadership of Mitch Graham; and
Whereas, one of the legacies he left was a large and wonderful family. Mitch Graham had five children: sons, Michael Hampton Graham and James Mitchell Graham, Jr., and daughters, Susan Marie Graham, Pamela Michelle Graham, and Gerilyn Graham. He also has one surviving sister, Mrs. Thomasine Graham Harvin, mother of our friend and colleague, Representative Alex Harvin; and
Whereas, a number of citizens and community leaders in Charleston County and the Lowcountry including the Mayors of Awendaw and McClellanville believe that this outstanding man deserves an appropriate recognition for the service and contributions he made to his community and State; and
Whereas, the members of the General Assembly, by this resolution, believe that the portion of Highway 17 from the town limits of Awendaw to the town limits of McClellanville should be named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Department of Transportation to name that portion of Highway 17 from the town limits of Awendaw to the town limits of McClellanville in honor of the late James Mitchell "Mitch" Graham who was one of South Carolina's most distinguished public officials and who was instrumental in the founding of the South Carolina Association of Counties among other achievements.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. RHOAD moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4768 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE RED CROSS OF BAMBERG COUNTY, ESPECIALLY VOLUNTEERS BETH PREGNALL, GENIE BELLAMY, AND BIG LOTS STORE FOR THEIR HARD WORK AND DEDICATION IN MAKING THE RED CROSS "TOYS FOR TOTS" CHRISTMAS TOY DRIVE SUCH A SUCCESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4769 (Word version) -- Reps. J. H. Neal and J. E. Smith: A HOUSE RESOLUTION EXPRESSING THE SUPPORT OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA FOR THE UNITED STATES POSTAL SERVICE AND ITS HISTORICAL PERFORMANCE OF ITS PUBLIC SERVICE OBLIGATION OF UNIVERSAL SERVICE AT UNIFORM RATES, AND OPPOSING THE RECOMMENDATIONS OF THE PRESIDENTIAL COMMISSION ON THE FUTURE OF THE POSTAL SERVICE.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4770 (Word version) -- Reps. Govan, Moody-Lawrence, Hosey, Whipper, Kirsh, Allen, Anthony, Bales, Bowers, Branham, Breeland, J. Brown, R. Brown, Clyburn, Freeman, Gourdine, J. Hines, M. Hines, Howard, Kennedy, Lee, Lloyd, Lourie, Mack, McLeod, Miller, J. H. Neal, Neilson, Parks, Rhoad, Rutherford, Scott, J. E. Smith, Snow and Weeks: A BILL TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM TEN TO ELEVEN AND TO PROVIDE THAT THE GOVERNOR SHALL APPOINT FIVE MEMBERS, THE SPEAKER AND THE PRESIDENT PRO TEMPORE SHALL EACH APPOINT ONE MEMBER, THE HOUSE MAJORITY LEADER AND THE SENATE MAJORITY LEADER SHALL EACH APPOINT ONE MEMBER, AND THE HOUSE MINORITY LEADER AND THE SENATE MINORITY LEADER SHALL EACH APPOINT ONE MEMBER; AND TO AMEND SECTIONS 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.
Referred to Committee on Judiciary
Rep. TROTTER moved that the House do now adjourn, which was agreed to.
At 1:00 p.m. the House, in accordance with the motion of Rep. PERRY, adjourned in memory of C. T. "Buddy" Coleman, Jr. of Aiken, to meet at 10:00 a.m. tomorrow.
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