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 Proverbs 9:10: "The fear of the Lord is the beginning of wisdom, and knowledge of the Holy One is understanding."
Let us pray. Almighty God, source of all wisdom, sharpen our minds and open our hearts to seek Your help in the actions and tasks we undertake this day. Give our leaders of State and Nation a good mind to lead for the common good of all. Bless us in all we do. Protect our troops and give them courage. Hear us as we pray. 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. DAVENPORT moved that when the House adjourns, it adjourn in memory of Lewis Boyd Parris, Sr. of Boiling Springs, which was agreed to.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Spartanburg Area Chamber of Commerce the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, March 2, 2004, from 6:00 p.m. until 7:30 p.m. at the South Carolina State Museum.
Sincerely,
Lee A. Blair
Executive Vice President
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Hospital Association the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 3, 2004, at 6:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Ken Shull
President
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the American Red Cross/SC Service Council the Members of the House of Representatives are invited to a Breakfast. This event will be held on Thursday, March 4, 2004, from 8:00 a.m. until 9:00 a.m. on the State House Grounds.
Sincerely,
Denise Richbourg Fitz
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Electric Cooperatives of South Carolina the Members of the House of Representatives and their staff are invited to a luncheon. This event will be held on Tuesday, March 16, 2004, at 1:00 p.m. at the Colonial Center.
Sincerely,
Caroline H. Herndon
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Home Builders Association of South Carolina the Members of the House of Representatives are invited to a reception and dinner. This event will be held on Tuesday, March 16, 2004, at 6:30 p.m. at Seawell's Restaurant.
Sincerely,
John C. Cone
Executive Director
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Aviation Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 17, 2004, from 8:00 a.m. until 10:00 a.m. at the Clarion Town House Hotel.
Sincerely,
Katie English
Account Executive
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina School Boards Association and the South Carolina Association of School Administrators the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 17, 2004, at 12:30 p.m. at the Adam's Mark Hotel.
Sincerely,
Dr. Paul Krohne
Executive Director
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Counties the Members of the House of Representatives and their staff are invited to a reception. This event will be held on Wednesday, March 17, 2004, from 6:00 p.m. until 7:30 p.m. at the Embassy Suites Hotel.
Sincerely,
Steve S. Kelly, Jr.
President
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Commission for the Blind the Members of the House of Representatives and their staff are invited to a breakfast. This event will be held on Thursday, March 18, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Dr. Marvin Efron, Chairman
Foundation for the SC Commission for the Blind
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Myrtle Beach Area Chamber of Commerce the Members of the House of Representatives and their staff are invited to a reception. This event will be held on Tuesday, March 23, 2004, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Brad Dean
President and CEO
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Prayer Breakfast Committee the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 24, 2004, at 7:30 a.m. at the Sheraton Hotel and Conference Center.
Sincerely,
C. Tommy Young
Chairman
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of Michelin North America the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 24, 2004, from 11:00 a.m. until 2:00 p.m. on the State House Grounds.
Sincerely,
Wendy L. Willis
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of South Carolina State University the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 24, 2004, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Andrew Hugine, Jr. Ph.D.
President
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Vocational Rehabilitation Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 25, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Sally C. Daniel
President
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of State Farm Insurance Companies the Members of the House of Representatives and their staff are invited to a luncheon. This event will be held on Tuesday, March 30, 2004, upon adjournment, on the State House Grounds.
Sincerely,
J. Adam Taylor
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the York County Regional Chamber of Commerce the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, March 30, 2004, from 6:00 p.m. until 8:00 p.m. at the South Carolina State Museum.
Sincerely,
Colleen Daly
Vice President for Administration
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Housing Authority Executive Directors the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 31, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Ronald L. Poston
President
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina General Assembly Women's Caucus the Members of the House of Representatives are invited to the Jean Harris Memorial Luncheon. This event will be held on Wednesday, March 31, 2004, from 12:00 noon until 2:00 p.m. at Seawell's Restaurant.
Sincerely,
Edie Purvis
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Florence County Economic Development Partnership the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 31, 2004, at 6:00 p.m. at the Columbia Museum of Art.
Sincerely,
Charles W. Gould
Chairman
The following was received:
Columbia, S.C., February 17, 2004
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Prisoner of War Commission
Term Commencing: July 1, 2001
Term Expiring: July 1, 2005
Vice: Jack H. Simmons (resigned)
Initial Appointment
Mr. Talmadge P. Callison
2719 County Farm Road
Greenwood, South Carolina 29646
864-227-1949
Very respectfully,
President of the Senate
Received as information.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4698 (Word version) -- Reps. Witherspoon, Rhoad, Bailey, Barfield, Battle, Coates, Davenport, Duncan, Edge, Hayes, J. Hines, Keegan, Leach, Limehouse, McCraw and M. A. Pitts: A BILL TO AMEND SECTION 48-23-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL SUMMONS FOR MAKING ARRESTS BY FOREST LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE VIOLATIONS FOR WHICH THIS SUMMONS MAY BE USED; AND TO AMEND SECTION 48-23-96, RELATING TO THE APPOINTMENT AND TRAINING OF FOREST LAW ENFORCEMENT OFFICERS, SO AS TO FURTHER PROVIDE FOR THEIR APPOINTMENT AND LAW ENFORCEMENT RESPONSIBILITIES.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3813 (Word version) -- Reps. M. A. Pitts, Duncan, Mahaffey and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-415 SO AS TO PROVIDE THAT AN AGENCY ENFORCING NATURAL RESOURCES, GAME, FISH, OR BOATING LAWS MUST REPORT CRIMINAL CHARGES MADE AND THEIR DISPOSITION TO THE DEPARTMENT OF NATURAL RESOURCES, AND FURTHER PROVIDE FOR USE OF THE REPORTS BY THE DEPARTMENT.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4696 (Word version) -- Reps. Witherspoon, Bailey, Battle, Clemmons, Coates, Davenport, Duncan, Edge, Keegan, Leach, Limehouse, Loftis, McCraw, Owens and Rhoad: A BILL TO AMEND SECTION 46-17-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE AGRICULTURAL COMMODITY BOARDS, SO AS TO REVISE THESE QUALIFICATIONS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4692 (Word version) -- Reps. Witherspoon, Battle, Coates, Davenport, Duncan, Emory, Mahaffey, Miller, Snow, Stille and Vaughn: A BILL TO AMEND SECTION 46-27-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA COMMERCIAL FEED ACT, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD OTHER DEFINITIONS; TO AMEND SECTION 46-27-40, RELATING TO CERTAIN UNLAWFUL SALES UNDER THE ACT, SO AS TO CORRECT SPECIFIED REFERENCES AND TO PROVIDE THAT IT IS UNLAWFUL TO OFFER FOR SALE ANY FEED THAT IS ADULTERATED OR MISBRANDED; TO ADD SECTION 46-27-41 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN COMMERCIAL FEED IS CONSIDERED TO BE MISBRANDED; TO ADD SECTION 46-27-42 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN COMMERCIAL FEED IS CONSIDERED TO BE ADULTERATED; TO ADD SECTION 46-27-45 SO AS TO REQUIRE MANUFACTURERS, IMPORTERS, DISTRIBUTORS, AND DEALERS OF COMMERCIAL FEEDS TO MAINTAIN CERTAIN RECORDS; TO AMEND SECTION 46-27-310, RELATING TO THE LABELING OF COMMERCIAL FEEDS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS AND DISPLAY OF LABELING INFORMATION; TO ADD SECTION 46-27-350 SO AS TO ESTABLISH PROCEDURES FOR THE REVIEW OF A PRODUCT LABEL BY THE DEPARTMENT OF AGRICULTURE; TO AMEND SECTION 46-27-410, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF AGRICULTURE TO INSPECT AND TAKE SAMPLES OF COMMERCIAL FEED, SO AS TO FURTHER PROVIDE FOR THE RIGHTS OF THE COMMISSIONER IN THIS REGARD AND TO REQUIRE RECEIPTS DESCRIBING THE SAMPLES OBTAINED; TO AMEND SECTION 46-27-420, RELATING TO ANALYSIS OF SAMPLES, SO AS TO PROVIDE FOR THE MANNER IN WHICH SAMPLING AND ANALYSES MUST BE CONDUCTED; TO AMEND SECTION 46-27-440, RELATING TO THE UNLAWFUL OBSTRUCTION OF THE INSPECTION OF FEEDS, SO AS TO AUTHORIZE THE DEPARTMENT OR ITS AGENTS TO OBTAIN A COURT ORDER DIRECTING A PREMISE TO BE MADE AVAILABLE FOR INSPECTION; TO AMEND SECTION 46-27-610, RELATING TO THE AUTHORITY OF THE COMMISSION TO SUSPEND SALES OF FEED, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE "WITHDRAWAL OF DISTRIBUTION" ORDERS AND TO PROVIDE FOR THE TERMS OF AND THE PROCEDURES FOR THESE ORDERS; TO ADD SECTION 46-27-625 SO AS TO AUTHORIZE THE COMMISSIONER TO APPLY FOR AND BE GRANTED INJUNCTIONS; TO AMEND SECTION 46-27-650, RELATING TO THE REQUIREMENT THAT THE COMMISSIONER NOTIFY DEALERS AND SOLICITORS OF CERTAIN VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THIS NOTICE; AND TO ADD SECTION 46-27-700 SO AS TO AUTHORIZE THE COMMISSIONER AND HIS REPRESENTATIVES TO COOPERATE WITH STATE AND FEDERAL AGENCIES IN REGARD TO THIS ACT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3778 (Word version) -- Reps. Herbkersman, Bailey, Bowers, Ceips, Clark, Clemmons, Duncan, Gilham, Haskins, J. Hines, Hinson, Hosey, Littlejohn, Lloyd, Lourie, Mahaffey, Merrill, Miller, Moody-Lawrence, J. H. Neal, Pinson, E. H. Pitts, Richardson, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Snow, Toole, Umphlett, Vaughn, Viers, White and Whitmire: A BILL TO AMEND SECTION 56-5-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN INJURY TO OR THE DEATH OF A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND TO PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC; AND TO AMEND SECTION 56-5-1220, AS AMENDED, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO A VEHICLE WHICH IS DRIVEN OR ATTENDED BY A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO CERTAIN VEHICLES SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M. A. Pitts and Viers: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES THIS REGULATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4686 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT, SO AS TO INCREASE THE MAXIMUM MONETARY PENALTY FOR WHICH A CRIME IN A CASE DOES NOT EXCEED FOR IT TO BE TRANSFERRED FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4451 (Word version) -- Reps. G. M. Smith, Altman, Clark and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-342 SO AS TO CREATE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, BOTH RELATING TO THE JURISDICTION OF A STATE GRAND JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN NATURE OR MUST TRANSPIRE IN MORE THAN ONE COUNTY FOR THE STATE GRAND JURY TO HAVE JURISDICTION; TO AMEND SECTION 16-15-445, RELATING TO THE SEIZURE OF EQUIPMENT USED IN THE COMMISSION OF AN OBSCENITY CRIME INVOLVING A MINOR, SO AS TO INCLUDE A REFERENCE TO SECTIONS 16-15-410 AND 16-15-342; TO AMEND SECTION 16-15-335, RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY LAWS, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-345, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER EIGHTEEN, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-355, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER TWELVE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-385, RELATING TO THE DISSEMINATION OF HARMFUL MATERIAL TO A MINOR, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-387, RELATING TO THE EMPLOYMENT OF A PERSON UNDER EIGHTEEN TO APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT NUDITY, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE PENALTY; AND TO AMEND SECTION 16-15-415, RELATING TO PROMOTING THE PROSTITUTION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3858 (Word version) -- Reps. Edge, Harrison, Herbkersman, Duncan and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 29 OF TITLE 6 SO AS TO ENACT THE "VESTED RIGHTS ACT" BY PROVIDING FOR THE ESTABLISHMENT OF VESTED PROPERTY RIGHTS ALLOWING THE COMMENCEMENT AND COMPLETION OF DEVELOPMENT AND USE OF PROPERTY PURSUANT TO A SITE SPECIFIC DEVELOPMENT PLAN OR AN APPROVED PHASE DEVELOPMENT PLAN, TO PROVIDE FOR THE LOCAL GOVERNMENT ACTS AND FACTORS TRIGGERING A VESTED RIGHT, TO LIMIT THE VESTING FOR A TERM OF YEARS, TO PROTECT THE HOLDER OF VESTED RIGHTS FROM ZONING CHANGES UNLESS CERTAIN CONDITIONS ARE MET AND TO PROVIDE THAT A VESTED RIGHT ATTACHES TO AND RUNS WITH THE PROPERTY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4650 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 33 SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECT OF, DOMESTICATION IN SOUTH CAROLINA OF A FOREIGN CORPORATION; BY ADDING ARTICLE 14 TO CHAPTER 41 OF TITLE 33 AND ARTICLE 12 TO CHAPTER 42 OF TITLE 33, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, THE MERGERS WITH OTHER ENTITIES OF A PARTNERSHIP AND A LIMITED PARTNERSHIP, RESPECTIVELY; BY ADDING SECTIONS 33-11-109 AND 33-11-110, SO AS TO PROVIDE FOR THE CONVERSION OF A PARTNERSHIP OR LIMITED PARTNERSHIP TO A CORPORATION, SECTIONS 33-11-111 AND 33-11-112, SO AS TO PROVIDE FOR A CONVERSION OF A CORPORATION TO A LIMITED LIABILITY COMPANY, AND SECTIONS 33-11-113 AND 33-11-114, SO AS TO PROVIDE FOR CONVERSION OF A CORPORATION TO A PARTNERSHIP OR A LIMITED PARTNERSHIP, AND SECTION 33-11-115, SO AS TO PROVIDE THAT THESE CONVERSIONS MAY BE UNDERTAKEN PURSUANT TO OTHER LAW; BY ADDING SECTIONS 33-44-908, 33-44-909, 33-44-910, 33-44-911, 33-44-912, 33-44-913, AND 33-44-914, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, CONVERSIONS OF A LIMITED LIABILITY COMPANY TO A CORPORATION, A LIMITED PARTNERSHIP, OR A PARTNERSHIP, RESPECTIVELY; BY ADDING SECTION 33-44-1208, SO AS TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A FOREIGN CORPORATION IS NOT REQUIRED TO OBTAIN AUTHORITY TO DO BUSINESS IN THIS STATE; BY ADDING SECTION 36-8-307, SO AS TO REQUIRE THE TRANSFEROR OF A SECURITY FOR VALUE TO PROVIDE DOCUMENTATION NECESSARY FOR REGISTRATION OF THE SECURITY; TO AMEND SECTION 33-1-220, AS AMENDED, RELATING TO FILING, SERVICE, AND COPYING FEES PAYABLE TO THE SECRETARY OF STATE, SO AS TO INCLUDE FEES FOR FILING OF ARTICLES OF DOMESTICATION AND ARTICLES OF CONVERSION; TO AMEND SECTION 33-1-400, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, SO AS TO INCLUDE DEFINITIONS FOR "LIMITED PARTNERSHIP" AND "PARTNERSHIP"; TO AMEND SECTION 33-2-102, AS AMENDED, RELATING TO ARTICLES OF INCORPORATION, SO AS TO DELETE THE REQUIREMENT OF AN INITIAL ANNUAL REPORT; TO AMEND SECTION 33-4-104, AS AMENDED, RELATING TO THE FILING OF A NAME CHANGE BY A CORPORATION OWNING REAL PROPERTY, SO AS TO PROVIDE FOR FILING UPON THE CONVERSION OR DOMESTICATION OF A CORPORATION; TO AMEND SECTION 33-6-260, AS AMENDED, RELATING TO THE ISSUANCE OF CORPORATE SHARES WITHOUT A CERTIFICATE, SO AS TO REQUIRE A WRITTEN STATEMENT CONTAINING THE CERTIFICATION INFORMATION UPON THE ISSUE OR TRANSFER; TO AMEND SECTION 33-11-101, AS AMENDED, RELATING TO ENTITIES WITH WHICH A CORPORATION MAY MERGE, SO AS TO INCLUDE A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY; TO AMEND SECTIONS 33-11-105 AND 33-11-106, BOTH RELATING TO THE MERGER OF A SUBSIDIARY OF A CORPORATION AND THE EFFECT OF THE MERGER OR EXCHANGE OF STOCK, SO AS TO SUBSTITUTE "ENTITY" FOR "CORPORATION"; TO AMEND SECTION 33-13-102, AS AMENDED, RELATING TO A SHAREHOLDER'S RIGHT OF DISSENT AND PAYMENT UPON CERTAIN CORPORATE ACTIONS, SO AS TO DELETE A REFERENCE TO A NONPUBLIC CORPORATION AND TO PROVIDE FOR CONVERSION OF A CORPORATION INTO ANOTHER ENTITY; TO AMEND SECTION 33-14-107, RELATING TO UNKNOWN CLAIMS AGAINST A CORPORATION, SO AS TO INCREASE THE TIME FOR ENFORCING THE CLAIM TO TEN YEARS AFTER PUBLICATION OF NOTICE OF DISSOLUTION AND TO PROVIDE FOR A CLAIM ARISING AFTER DISSOLUTION; TO AMEND SECTION 33-14-200, AS AMENDED, AND SECTION 33-14-210, BOTH RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION, BOTH SO AS TO CORRECT A CROSS-REFERENCE TO THE STATE INCOME TAX PROVISIONS; TO AMEND SECTION 33-15-101, AS AMENDED, RELATING TO ACTIVITIES NOT CONSTITUTING THE TRANSACTION OF BUSINESS BY A CORPORATION, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-15-103, AS AMENDED, RELATING TO APPLICATION FOR A CERTIFICATE OF AUTHORITY FOR A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTIONS 33-15-300 AND 33-15-310, BOTH AS AMENDED, BOTH RELATING TO REVOCATION OF A CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, BOTH SO AS TO CORRECT A CROSS-REFERENCE TO A STATE INCOME TAX PROVISION; TO AMEND SECTION 33-31-1101, RELATING TO THE MERGER OF A NONPROFIT CORPORATION AND THE MERGER OF A BUSINESS CORPORATION, SO AS TO PROVIDE FOR MERGERS WITH A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY; TO AMEND SECTION 33-42-1690, RELATING TO ACTIVITIES NOT CONSIDERED THE TRANSACTION OF BUSINESS BY A LIMITED PARTNERSHIP, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-44-208, RELATING TO CERTIFICATES OF EXISTENCE OR AUTHORITY OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE REFERENCES TO ITS MOST RECENT ANNUAL REPORT; TO AMEND SECTION 33-44-404, AS AMENDED, RELATING TO MANAGEMENT ISSUES OF A LIMITED LIABILITY COMPANY REQUIRING CONSENT BY ALL MEMBERS, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 33-44-410, RELATING TO ACTIONS BY A MEMBER OF A LIMITED LIABILITY COMPANY SO AS TO PROVIDE FOR ACTIONS BY A MANAGER OF THE COMPANY; TO AMEND SECTION 33-44-801, AS AMENDED, RELATING TO EVENTS GIVING RISE TO THE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR THE EFFECT OF AN AGREEMENT CHANGING THE STATUTORY PROVISIONS FOR THE PURCHASE OF A DISTRIBUTIONAL INTEREST; TO AMEND SECTION 33-44-806, RELATING TO DISTRIBUTING OF ASSETS IN THE WINDING UP OF THE BUSINESS OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE THAT THE DISTRIBUTION TO MEMBERS ACCORD WITH THEIR POSITIVE CAPITAL ACCOUNT BALANCES; TO AMEND SECTION 33-44-809, RELATING TO GROUNDS FOR ADMINISTRATIVE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE REQUIREMENT FOR AN ANNUAL REPORT FILED WITH THE SECRETARY OF STATE; TO AMEND SECTION 33-44-903, RELATING TO THE EFFECT OF CONVERSION OF AN ENTITY TO A LIMITED LIABILITY COMPANY, SO AS TO REQUIRE A FILING GIVING NOTICE OF THE NAME CHANGE IF THE ENTITY OWNS REAL PROPERTY IN THIS STATE; TO AMEND SECTION 33-44-905, RELATING TO ARTICLES OF MERGER OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR A FOREIGN ENTITY AS A MERGING OR SURVIVING ENTITY OF THE MERGER; TO AMEND SECTION 33-44-1003, RELATING TO ACTIVITIES NOT CONSTITUTING THE TRANSACTION OF BUSINESS IN THIS STATE BY A FOREIGN CORPORATION, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-44-1006, RELATING TO REVOCATION OF THE AUTHORITY OF A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT OF FILING AN ANNUAL REPORT WITH THE SECRETARY OF STATE; TO AMEND SECTION 33-44-1204, RELATING TO FEES COLLECTIBLE BY THE SECRETARY OF STATE FROM A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE FEE FOR FILING AN ANNUAL REPORT; TO AMEND SECTION 38-90-20, RELATING TO LICENSING REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO REQUIRE LICENSING FOR OPERATION WITHIN THE STATE; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF A CAPTIVE INSURANCE COMPANY, SO AS TO REQUIRE APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BEFORE THE SECRETARY OF STATE ACTS IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 12-20-40, RELATING TO INITIAL FILINGS WITH THE SECRETARY OF STATE BY A CORPORATION, SO AS TO INCLUDE A DOMESTICATING CORPORATION; AND TO REPEAL SECTION 33-14-410, RELATING TO ACTIONS AND JUDGMENTS AGAINST SHAREHOLDERS OF DISSOLVED CORPORATIONS, SECTION 33-44-211, RELATING TO FILING OF AN ANNUAL REPORT BY A FOREIGN OR DOMESTIC LIMITED LIABILITY COMPANY, AND SECTIONS 39-13-10 THROUGH 39-13-40, RELATING TO NAMES OF BUSINESS ESTABLISHMENTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4651 (Word version) -- Rep. Altman: A BILL TO AMEND CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO PROVIDE PAID LEAVE FOR STATE EMPLOYEES TO ATTEND COURT PROCEEDINGS FOR THE ADJUDICATION OF THE DEFENDANT CHARGED WITH A VIOLENT CRIME COMMITTED AGAINST THE STATE EMPLOYEE OR A MEMBER OF THE STATE EMPLOYEE'S IMMEDIATE FAMILY AND TO PROVIDE THE METHOD OF CLAIMING THIS LEAVE AND THE DEFINITION NECESSARY FOR THE ADMINISTRATION OF THIS LEAVE.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 256 (Word version) -- Senators Grooms, Pinckney and Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL AND HISTORICAL SIGNS AT LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "HISTORICAL TUSKEGEE AIRMEN MEMORIAL" AND THAT THESE SIGNS MUST BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR EXITS 53 AND 57, WITH DIRECTIONAL SIGNS AT THE OFF-RAMP TERMINATIONS, IN COLLETON COUNTY.
Ordered for consideration tomorrow.
The following was introduced:
H. 4771 (Word version) -- Reps. Leach and Vaughn: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MISS SHALINI BUMB OF GREER UPON BEING NAMED ONE OF SOUTH CAROLINA'S TOP TWO YOUTH VOLUNTEERS FOR 2004 BY THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS, TO RECOGNIZE HER FOR AN OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT, AND TO EXTEND TO HER BEST WISHES IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4772 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS AND CHRONIC WASTING DISEASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2885, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
S. 719 (Word version) -- Senators McConnell and Elliott: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES TO THE ISSUANCE OF CORPORATE CERTIFICATE FOR A PROPOSED MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT NO PART OF THE PROPOSED MUNICIPALITY IS WITHIN FIVE MILES OF THE BOUNDARY OF AN ACTIVE INCORPORATED MUNICIPALITY.
Referred to Committee on Judiciary
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4773 (Word version) -- Reps. Chellis, Young and Bailey: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE 2003 PINEWOOD PREPARATORY SCHOOL GIRLS VOLLEYBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THE TEAM AND COACHING STAFF ON ITS VICTORY IN THE 2003 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AAA CHAMPIONSHIP GAME.
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 Preparatory School Girls Volleyball Team at a date and time to be determined by the Speaker to congratulate the team and coaching staff on winning the 2003 South Carolina Independent Schools Association Class AAA Championship game.
The Resolution was adopted.
The following was introduced:
H. 4774 (Word version) -- Reps. Chellis, Young and Bailey: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE 2003 SUMMERVILLE HIGH SCHOOL "GREEN WAVES" BOYS SWIM TEAM AND HEAD COACH DAN MCDONOUGH FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE CLASS AAAA STATE SWIM TEAM CHAMPIONSHIP COMPETITION.
The Resolution was adopted.
The following was introduced:
H. 4775 (Word version) -- Reps. Chellis, Young and Bailey: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PINEWOOD PREPARATORY SCHOOL "PANTHERS" VARSITY GIRLS VOLLEYBALL TEAM AND HEAD COACH, PAT EIDSON, ON ITS VICTORY IN THE 2003 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AAA STATE CHAMPIONSHIP GAME.
The Resolution was adopted.
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4776 (Word version) -- Reps. Chellis, Young and Bailey: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVES" 2003 BOYS SWIM TEAM AND THEIR COACHING STAFF AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE CLASS AAAA STATE SWIM TEAM CHAMPIONSHIP COMPETITION.
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 Summerville High School "Green Waves" 2003 Boys Swim Team and their coaching staff at a date and time to be determined by the Speaker, to congratulate them on their State Championship win in the Class AAAA State Swim Team Championship Competition.
The Resolution was adopted.
The following was introduced:
H. 4777 (Word version) -- Reps. Cooper, 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, 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, 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 EXPRESSING THE SINCERE CONDOLENCES OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FAMILY AND FRIENDS OF SARA BRANYON ROGERS OF PIEDMONT, SOUTH CAROLINA, ON THE SAD OCCASION OF HER DEATH SUNDAY, FEBRUARY 8, 2004.
The Resolution was adopted.
The following was introduced:
H. 4778 (Word version) -- Reps. Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, 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 and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION ON THE OCCASION OF NATIONAL FFA WEEK, FEBRUARY 21-28, 2004.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Lloyd 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 Rivers Sandifer Scarborough Scott 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 Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, February 18.
Karl Allen Thomas Rhoad Douglas Jennings Richard Quinn Brenda Lee Becky Martin Bill Cotty William Bowers Seth Whipper Todd Rutherford Joseph Neal James E. Stewart Alex Harvin Glenn Hamilton
The SPEAKER granted Rep. COLEMAN a leave of absence for today and tomorrow due to business reasons.
The SPEAKER granted Rep. PHILLIPS a leave of absence due to illness.
Rep. VIERS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 3.
Announcement was made that Dr. Eddie Richardson, Jr. of Fairfax is the Doctor of the Day for the General Assembly.
Rep. HUGGINS presented to the House the Dutch Fork High School Varsity Cheerleading Squad, the Class AAAA Champions, and their coach.
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. 4615 (Word version)
Date: ADD:
02/18/04 SIMRILL
Bill Number: H. 4291 (Word version)
Date: ADD:
02/18/04 CLARK
Bill Number: H. 4529 (Word version)
Date: ADD:
02/18/04 CHELLIS
Bill Number: H. 4529 (Word version)
Date: ADD:
02/18/04 BAILEY
Bill Number: H. 4529 (Word version)
Date: ADD:
02/18/04 G. R. SMITH
Bill Number: H. 4770 (Word version)
Date: ADD:
02/18/04 JENNINGS
Bill Number: H. 4770 (Word version)
Date: ADD:
02/18/04 HAYES
Bill Number: H. 4446 (Word version)
Date: ADD:
02/18/04 CLARK
Bill Number: H. 4262 (Word version)
Date: ADD:
02/18/04 CLARK
Bill Number: H. 4481 (Word version)
Date: ADD:
02/18/04 KEEGAN
Bill Number: H. 4481 (Word version)
Date: ADD:
02/18/04 M. A. PITTS
Bill Number: H. 4481 (Word version)
Date: ADD:
02/18/04 SKELTON
Bill Number: H. 4650 (Word version)
Date: ADD:
02/18/04 MCLEOD
Bill Number: H. 3714 (Word version)
Date: ADD:
02/18/04 CLARK
Bill Number: H. 4572 (Word version)
Date: ADD:
02/18/04 MARTIN
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
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. HAYES explained the Joint Resolution.
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. PARKS explained the Joint Resolution.
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. HAYES explained the Joint Resolution.
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.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
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.
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.
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.
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.
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.
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.
Reps. THOMPSON, WHITE, ALTMAN, VIERS, ANTHONY, WITHERSPOON, KIRSH, TOOLE, HERBKERSMAN, E. H. PITTS, HAYES and LUCAS requested debate on the Bill.
Reps. CATO, SANDIFER, BAILEY, MCGEE, J. E. SMITH, HAYES, J. BROWN, NEILSON, SCARBOROUGH, J. R. SMITH, PERRY, PINSON, J. M. NEAL, DUNCAN and MILLER withdrew their requests for debate on H. 4656 (Word version); however, other requests for debate remained on the Bill.
Reps. LEACH and LOFTIS withdrew their requests for debate on H. 4453 (Word version); however, other requests for debate remained on the Bill.
Reps. ALTMAN, DAVENPORT and ALLEN withdrew their requests for debate on the following Bill:
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.
On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Labor, Commerce and Industry:
H. 4722 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
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.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up:
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".
Whereas, Christopher James Yahnis moved to the State of South Carolina in 1951 after graduating from the University of Massachusetts with a Bachelor of Science degree; and
Whereas, Mr. Yahnis served his nation as a United States Army counter intelligence special agent in Columbia from 1951 through 1953; and
Whereas, in 1966 Mr. Yahnis co-founded the Y&B Distributing company, which later became the Chris J. Yahnis Corporation, and in 1986 he created the Chris J. Yahnis Coastal Corporation, both of which now employ more than one hundred people; and
Whereas, in 1992 Mr. Yahnis founded Home Health, Incorporated in Florence which employed more than three hundred people under his stewardship; and
Whereas, Mr. Yahnis has been an active real estate investor in the Florence area and has shared his substantial business acumen with other entrepreneurs in the Pee Dee area by serving as an investor and mentor; and
Whereas, Mr. Yahnis has been a member of the Greek Orthodox Church since 1954 and has served as a past president of the Greek Orthodox Church Parish Council; and
Whereas, Mr. Yahnis is also a past member of the South Carolina Mental Health Board, the Division Chairman of the Florence County United Way, the Chairman of the United Negro College Fund Telethon, a board member of the Florence Boys Club, a member of the Elks and American Legion, and currently serves on the Board of Directors of Hospice. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request the Department of Transportation to name that portion 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".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. HUGGINS.
The following Bill was taken up:
H. 3714 (Word version) -- Reps. Townsend, Wilkins, Talley, Walker, Clark, Cobb-Hunter, G. R. Smith, E. H. Pitts, Whitmire, Martin, Miller, Lourie and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO INCORPORATE THE CHARACTER TRAITS OF THE FAMILY RESPECT ACT INTO THIS EDUCATIONAL COMPONENT; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, AMONG OTHER THINGS, REPORTS ON COMPLIANCE WITH THIS ACT AND THE CHARACTER EDUCATION ACT AND DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10035SJ04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 59-59-10. This chapter may be cited as the 'South Carolina Education and Economic Development Act'.
Section 59-59-20. (A) The Department of Education shall develop a curriculum, aligned with state content standards, organized around a career cluster system that must provide students with both strong academics and real-world problem solving skills. Students must be provided individualized educational, academic, and career-oriented choices and greater exposure to career information and opportunities. This system must promote the involvement and cooperative effort of parents, teachers, and counselors in assisting students in making these choices, in setting career goals, and in developing individual graduation plans to achieve these goals.
(B) School districts shall lay the foundation for the clusters of study system in elementary school by providing career awareness activities. In the middle grades programs must allow students to identify career interests and abilities and align them with clusters of study for the development of individual graduation plans. Finally, high school students must be provided guidance and curricula that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to relevant employment, further training, or postsecondary study.
Section 59-59-30. There is created within the Department of Education, the Education and Economic Development Project Office to oversee the implementation of this chapter. This chapter must be implemented fully by July 1, 2010, at which time the project office and the Council created pursuant to section 59-59-170 are abolished.
Section 59-59-40. (A) During the 2003-04 school year, the department, in conjunction with selected school districts and schools, shall conduct a pilot project implementing the clusters of study system.
(B) During the 2003-04 school year the department shall conduct a pilot project implementing its Career Guidance Model of the Comprehensive Developmental Guidance and Counseling Program Model in the elementary and middle schools that feed into a high school in which a pilot project for the clusters of study model is being conducted.
(C) The State Department of Education shall conduct an evaluation of the pilots and consider recommendations from the evaluation for full implementation.
Section 59-59-50. (A) Before August 1, 2004, the Department of Education shall develop state models and prototypes for individual graduation plans and the curriculum framework for career clusters of study. These clusters of study may be based upon the national career clusters and may include, but are not limited to:
(1) agriculture, food, and natural resources;
(2) architecture and construction;
(3) arts, audio-video technology, and communications;
(4) business, management, and administration;
(5) education and training;
(6) finance;
(7) health science;
(8) hospitality and tourism;
(9) human services;
(10) information technology;
(11) law, public safety, and security;
(12) manufacturing;
(13) government and public administration;
(14) marketing, sales, and service;
(15) science, technology, engineering, and mathematics;
(16) transportation, distribution, and logistics.
Section 59-59-60. Before August 1, 2005 school districts shall:
(1) organize high school curricula around a minimum of three clusters of study and cluster majors. The curricula must be designed to teach academic content, knowledge, and skills that students will use in the workplace, further education, and life;
(2) promote increased awareness and career counseling by providing access to the South Carolina Occupational Information System for all schools. However, if a school chooses another occupational information system, that system must be approved by the Department of Education.
Section 59-59-70. Beginning with the 2004-05 school year, the department shall implement a career development plan for educational professionals in career guidance that provides awareness, training, release time, and preparatory instruction. The plan must include strategies for counselors to effectively involve parents in the career guidance process and in the development of the individual graduation plans of their children. The plan also must include innovative approaches to recruit, train, and certify professionals needed to carry out the career development plan.
Section 59-59-80. During the 2005-06 school year career awareness and exploration activities must be integrated in the curricula for students in the first through fifth grades.
Section 59-59-90. Beginning with the 2004-05 school year, counseling and career awareness programs on clusters of study must be provided to students in the sixth, seventh, and eighth grades, and they must receive career assessments and information to guide them in the career decision-making process. Before the end of the second semester of the eighth grade, eighth-grade students in consultation with their parents, shall select a preferred cluster of study and develop an individual graduation plan, as provided for in Section 59-59-140.
Section 59-59-100. (A)By the 2007-08 school year, middle and high schools shall provide students with the services of a career specialist who has obtained a bachelor's degree and who has successfully completed the national Career Development Facilitator (CDF) certification training. This career specialist shall work under the supervision of a certified guidance professional. During the years before the 2007-08 school year, districts shall show progress toward meeting the requirements of this section. By 2010, middle and high schools shall have a student to guidance personnel ratio of three hundred to one. Guidance personnel include certified guidance counselors and career specialists.
(B) Career specialists currently employed by the sixteen Tech Prep Consortia and their performance responsibilities related to the delivery of Tech Prep or School-to-Work activities must be supervised by the State Department of Education's Office of Career and Technology Education in conjunction with the immediate site supervisor of the Tech Prep Consortia.
Section 59-59-110. Beginning with the 2006-07 school year and at least annually after that, counselors and career specialist shall counsel students during the ninth and tenth grades to further define their career cluster goals and individual graduation plans, and before the end of the second semester of the tenth grade, tenth grade students shall have declared an area of academic focus within a cluster of study. Throughout high school, students must be provided guidance activities and career awareness programs that combine counseling on career options and experiential learning with academic planning to assist students in fulfilling their individual graduation plans.
Section 59-59-120. By the 2007-08 school year, each high school shall implement the 'High Schools that Work' organizational model or have obtained approval from the Department of Education for another cluster or major organizational model.
Section 59-59-130. Before July 1, 2008, the State Board of Education shall revise high school graduation requirements to fit the career cluster system and shall include a variety of courses in core subjects so that individual student needs may be addressed.
Section 59-59-140. An individual graduation plan is a student specific educational plan detailing the courses necessary for the student to prepare for graduation and to successfully transition into the workforce or other post-secondary educational experiences. An individual graduation plan must:
(1) align career goals and a student's course of study;
(2) be based on the student's selected cluster of study and an academic focus within that cluster;
(3) include core academic subjects, which must include, but are not limited to, English, math, science, and social studies;
(4) include career-oriented learning experiences including, but not limited to, internships, apprenticeships, mentoring, co-op education, and service learning;
(5) be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and admission to postsecondary education;
(6) be incorporated in Individual Education Plans; and
(7) be approved by a certified guidance professional and the student's parent or guardian.
Section 59-59-150. (A) By July, 2006, the State Board of Education shall promulgate regulations outlining specific objective criteria for districts to use in the identification of students at risk for being poorly prepared for the next level of study or for dropping out of school. The process for identifying these students must be closely monitored by the State Department of Education in collaboration with school districts to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented. The regulation also must include model programs for at risk students designed to ensure that these students have an opportunity to graduate with a state high school diploma. By the 2006-07 school year, each high school of the state shall implement one or more of these programs to ensure that these students receive the opportunity to complete the necessary requirements to graduate with a state high school diploma and build skills to prepare them to enter the job market successfully.
Section 59-59-160. Parental participation is an integral component of the clusters of study system. Beginning with students in the sixth grade and continuing through high school, schools must schedule annual parent counseling conferences to assist parents and their children in making career choices and creating individual graduation plans. These conferences must include, but are not limited to, assisting the student in identifying career interests and goals, selecting a cluster of study and an academic focus, and developing an individual graduation plan.
Section 59-59-170. (A) There is created the Education and Economic Development Coordinating Council to implement the statewide performance, accountability, and enforcement requirements of this chapter. The council is comprised of:
(1) State Superintendent of Education;
(2) Executive Director of the South Carolina Employment Security Commission;
(3) Executive Director of the State Board for Technical and Comprehensive Education;
(4) Executive Director of the Department of Commerce;
(5) Executive Director of the South Carolina Chamber of Commerce;
(6) Executive Director of the South Carolina Commission on Higher Education;
(7) these members must be appointed by the State Superintendent of Education:
(a) a school district superintendent;
(b) a school principal;
(c) a school guidance counselor;
(d) a teacher;
(e) the director of a career and technology center;
(8) these members must be appointed by the chair of the Commission on Higher Education:
(a) the president of a four-year college or university;
(b) the president of a technical college;
(9) four representatives of business and industry appointed by the South Carolina Chamber of Commerce;
(10) four representatives of business and industry appointed by the Governor, who shall select a chair from all of the members appointed from business and industry;
(11) Chairman of the Education Oversight Committee or his designee;
(12) a member from the House of Representatives appointed by the Speaker of the House, and a member from the Senate appointed by the President Pro Tempore. Initial appointments must be made by October 1, 2004, at which time the Governor shall call the first meeting.
(B) The council shall:
(1) advise the Education and Economic Development Project Office on the implementation of this chapter;
(2) establish accountability and performance measures for implementation of this chapter;
(3) review school report cards required by the Education Accountability Act, and other compliance reports required of schools and school districts;
(4) advise schools and school districts through the Project Office, institutions of higher education through the Commission on Higher Education, and other state agencies through their governing boards on appropriate and effective measures to ensure implementation of this chapter;
(5) designate and oversee the regional educational service centers established pursuant to Section 59-59-180;
(6) make recommendations to the Project Office for the development and implementation of a communication and marketing plan to promote statewide awareness of the provisions of this chapter; (7) make recommendations to the State Board of Education and other appropriate governing boards for the promulgation of regulations to carry out the provisions of this chapter including, but not limited to, enforcement procedures, which may include monitoring and auditing functions, and penalties for noncompliance.
(C) The council shall report annually to the Governor, the General Assembly, the State Board of Education and other appropriate governing boards on the progress, results, and compliance with the provisions of this chapter.
(D) The Department of Education shall provide administrative support and staffing to the council to carry out its responsibilities under this chapter.
Section 59-59-180. (A) Before July 1, 2006, the Education and Economic Development Council shall designate up to twelve regional education service centers to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community.
(B) The primary responsibilities of these centers are to:
(1) provide services to students and adults for career planning, employment seeking, training, and other support functions;
(2) provide information, resources, and professional development programs to educators;
(3) provide resources to school districts for compliance and accountability under the provisions of this chapter;
(4) provide information and resources to employers including, but not limited to, education partnerships, career-oriented learning, and training services;
(5) facilitate local connections among businesses and those involved in education;
(6) work with school districts and institutions of higher education to create and coordinate workforce education programs.
(C)(1) By the 2006-07 school year, each regional education center must have career development facilitators who shall coordinate career-oriented learning, career development, and post-secondary transitions for the schools in their respective regions.
(2) A career development facilitator must be certified and recognized by the National Career Development Association.
(D) The Education and Economic Development Coordinating Council, in consultation with the Department of Education, shall provide oversight to the regional centers, and the centers shall provide data and reports that the council may request.
Section 59-59-190. (A) The South Carolina Employment Security Commission, in collaboration with the State Board for Technical and Comprehensive Education and the Commission on Higher Education, shall assist the Department of Education, in planning and promoting the career information and employment options and preparation programs provided for in this chapter and in the establishment of the regional education service centers by:
(1) identifying potential employers to participate in the career-oriented learning programs;
(2) serving as a contact point for employees seeking career information and training;
(3) providing labor market information including, but not limited to, supply and demand and nontraditional jobs for women;
(4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System;
(5) collaborating with local agencies and businesses to stimulate funds; and
(6) cooperating in the creation and coordination of workforce education programs.
(B) The South Carolina Employment Security Commission shall assist in providing a link between employers in South Carolina and youth seeking employment.
Section 59-59-200. Beginning with the 2005-06 academic year, colleges of education shall include in their training of teachers and administrators: career guidance, the use of the cluster of study curriculum framework and individual graduation plans, learning styles, the elements of the Career Guidance Model of the South Carolina Comprehensive Guidance and Counseling Program Model, contextual teaching, cooperative learning, and character education. The State Board of Education shall develop performance-based standards in these areas and include them as criteria for teacher program approval. By the 2008-09 school year, the teacher evaluation system established in Chapter 26, Title 59, and the principals evaluation system established in Section 59-24-40 must include a review of performance in career exploration and guidance. The department also shall develop programs to train educators in contextual teaching.
Section 59-59-210. (A)(1) Before July 2006, school districts, two-year colleges, and four-year colleges and universities shall review, revise, or extend articulation agreements based on clusters of study so as to provide seamless pathways for adequately prepared students to move from high school directly into two- and four-year college programs and from two-year colleges to four-year colleges and universities while maximizing credit. An articulation agreement must have statewide applicability within a related course of study.
(2) The Commission on Higher Education, in consultation with the State Department of Education, through the Education and Economic Development Coordinating Council, shall convene a committee to assist in developing statewide articulation agreements to promote the development of measures to certify equivalency in content and rigor for all courses.
(3) Dual enrollment college courses offered to high school students by two-year and four-year colleges and universities must be equivalent in content and rigor to the equivalent college courses offered to college students and must be accepted in transfer within a related course of study among all public higher education institutions statewide.
(B) Courses required for admission to public baccalaureate institutions must be the core courses defined by the 'Four-Year College and University Core Preparatory Course Prerequisite Requirements' as determined by the Commission on Higher Education in collaboration with the State Department of Education.
(C) The Commission on Higher Education is charged with the monitoring and enforcement of statewide articulation agreements and shall develop penalties for colleges and universities who do not comply.
Section 59-59-220. With the implementation of the clusters of study system, appropriate resources and instructional materials, aligned with the state's content standards, must be developed or adopted and made available to districts.
Section 59-59-230. The State Board of Education, in collaboration with the Education and Economic Development Council, shall promulgate regulations necessary to carry out the provisions of this chapter.
Section 59-59-240. The requirements of this chapter do not apply to private schools or to home schools.
Section 59-59-250. The implementation of this chapter is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget, Budget and Control Board."
SECTION 2. Section 59-17-135(B) of the 1976 Code, as added by Act 4 of 2001, is amended to read:
"(B) Each local school board of trustees of the State must develop a policy addressing character education. Any character education program implemented by a district as a result of an adopted policy must, to the extent possible, incorporate character traits including, but not limited to, the following: respect for authority and respect for others, honesty, duty, self-control, cleanliness, courtesy, good manners, cooperation, commitment to others, citizenship, patriotism, courage, fairness, kindness, self-respect, compassion, diligence, good work ethic, sound educational habits, generosity, punctuality, cheerfulness, patience, sportsmanship, loyalty, and virtue. Local school boards must include all sectors of the community, as referenced in subsection (A)(4), in the development of a policy and in the development of any program implemented as a result of the policy. As part of any policy and program developed by the local school board, an evaluation component must be included."
SECTION 3. Section 59-18-900(D) of the 1976 Code is amended to read:
"(D) The report card must include a comprehensive set of performance indicators with information on comparisons, trends, needs, and performance over time which is helpful to parents and the public in evaluating the school. Special efforts are to be made to ensure that the information contained in the report cards is provided in an easily understood manner and a reader friendly format. This information should also provide a context for the performance of the school. Where appropriate, the data should yield disaggregated results to schools and districts in planning for improvement. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, faculty qualifications, evaluations of the school by parents, teachers, and students. In addition, the report card must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary climate, dropout ratios, dropout reduction data, student and teacher ratios, and attendance data."
SECTION 4. Act 450 of 1994 and Section 59-52-95 of the 1976 Code are repealed.
SECTION 5. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. LOFTIS spoke against the amendment.
Rep. LOFTIS spoke against the amendment.
Rep. PINSON spoke against the amendment.
Rep. BALES spoke against the amendment.
Rep. COATES moved to recommit the Bill to the Committee on Education and Public Works.
Rep. TOWNSEND moved to table the motion.
Rep. COATES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Bingham G. Brown Clark Clyburn Cobb-Hunter Emory Gilham Gourdine Hagood Harrell Harrison Harvin Hayes Herbkersman J. Hines Hinson Hosey Jennings Kennedy Littlejohn Lourie Mahaffey Martin Miller J. M. Neal Ott Owens Quinn Rutherford Sandifer Scott Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Talley Townsend Tripp Walker Whitmire Wilkins Young
Those who voted in the negative are:
Allen Altman Anthony Bales Barfield Bowers Branham Breeland J. Brown R. Brown Cato Ceips Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Freeman Frye Govan Haskins Howard Huggins Keegan Kirsh Koon Leach Lee Limehouse Lloyd Loftis Lucas Mack McGee McLeod Merrill Moody-Lawrence J. H. Neal Neilson Parks Perry E. H. Pitts M. A. Pitts Rice Richardson Scarborough Simrill F. N. Smith G. M. Smith Taylor Thompson Toole Umphlett Vaughn Viers Weeks Whipper White Witherspoon
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill to the Committee on Education and Public Works.
Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bales Barfield Branham Breeland R. Brown Cato Ceips Clemmons Coates Cooper Dantzler Davenport Delleney Edge Freeman Frye Hagood Harvin Haskins Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Lloyd Loftis Mack McLeod Merrill Moody-Lawrence J. H. Neal Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Scarborough Simrill F. N. Smith G. M. Smith Taylor Thompson Toole Umphlett Vaughn Viers Weeks Whipper White Witherspoon
Those who voted in the negative are:
Bailey Battle Bingham Bowers G. Brown Chellis Clark Clyburn Cobb-Hunter Cotty Emory Gilham Gourdine Govan Harrell Harrison Hayes Herbkersman J. Hines Hinson Hosey Howard Jennings Littlejohn Lourie Lucas Mahaffey McCraw McGee Miller J. M. Neal Neilson Ott Owens Rivers Rutherford Sandifer Scott Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Talley Townsend Walker Whitmire Wilkins Young
So, the motion to recommit the Bill was agreed to.
During the vote to recommit H. 3714 to committee, I was temporarily out of the Chamber meeting with representatives from the City of Clinton. I am against the Bill and would have cast my vote to send the Bill back to committee.
Rep. Jeff Duncan
Rep. MERRILL moved that the House recur to the Morning Hour, which was agreed to.
On motion of Rep. BINGHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 4779 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE 2003 BROOKLAND-CAYCE HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, IN ORDER TO CONGRATULATE THE TEAM AND THEIR COACHING STAFF ON WINNING THE 2003 CLASS AAA GIRLS VARSITY VOLLEYBALL STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Brookland-Cayce High School Girls Varsity Volleyball Team at a date and time to be determined by the Speaker in order to congratulate the team and their coaching staff on winning the 2003 Class AAA Girls Varsity Volleyball State Championship.
The Resolution was adopted.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4780 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 3, 2004, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL TO SUCCEED THE HONORABLE DILL BLACKWELL WHOSE TERM HAS EXPIRED.
Be it resolved by the House of Representatives:
That the Senate and the House of Representatives meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, March 3, 2004, immediately following the election of members of the South Carolina Public Service Commission for the purpose of electing a member of the Legislative Audit Council to succeed the Honorable Dill Blackwell whose term has expired.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4781 (Word version) -- Rep. Bingham: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE BROOKLAND-CAYCE HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM AND THEIR HEAD COACH, JOHN CHECKOVICH, AND ASSISTANT COACH, NINYA CHECKOVICH, ON WINNING THE 2003 CLASS AAA GIRLS VARSITY VOLLEYBALL STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4782 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ROBERT "BOBBY" BUTLER GIBBONS, JR., OF NEW ZION IN CLARENDON COUNTY, ON BEING ELECTED COMMANDER OF THE AMERICAN LEGION FOR THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4783 (Word version) -- Reps. W. D. Smith, Simrill, Leach, Owens, Vaughn, Barfield, Cato, Chellis, Edge, Emory, Haskins, Keegan, Littlejohn, Perry, Rice, Richardson, Skelton, G. R. Smith, J. R. Smith, Thompson, Tripp, Viers and White: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARATION OF A JURY LIST FROM THE LIST OF PERSONS HOLDING A VALID DRIVER'S LICENSE, SO AS TO CHANGE THE JURY LIST TO THE LIST OF REGISTERED VOTERS; TO AMEND SECTION 14-7-810, RELATING TO DISQUALIFICATIONS OF JURORS, SO AS TO CHANGE THE DISQUALIFICATION FOR A PERSON CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR TO A CRIME PUNISHABLE BY IMPRISONMENT OF THIRTY DAYS OR MORE AND TO PROVIDE AN ADDITIONAL DISQUALIFICATION FOR A PERSON WHO HAS CRIMINAL CHARGES PENDING; TO AMEND SECTION 14-7-1110, AS AMENDED, AND SECTION 14-7-1120, BOTH RELATING TO PEREMPTORY CHALLENGES, SO AS TO ALLOW THE PROSECUTION THE SAME NUMBER OF PEREMPTORY CHALLENGES AS THE DEFENSE IN CRIMINAL CASES; AND TO ADD SECTION 14-7-1122 SO AS TO PROVIDE FOR WRITTEN VOIR DIRE OF JURORS AND TO DIRECT THE SUPREME COURT TO PROMULGATE RULES TO ESTABLISH THE PROCEDURE FOR WRITTEN VOIR DIRE AND TO CREATE THE JUROR QUESTIONNAIRE FORM.
Referred to Committee on Judiciary
H. 4784 (Word version) -- Reps. Scarborough, Herbkersman, Merrill, Altman, Battle, Bowers, Cato, Ceips, Clemmons, Hagood, Limehouse, Littlejohn, Miller and Rivers: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH WIND AND HAIL INSURANCE, SO AS TO REVISE THE DEFINITION OF "COASTAL AREA" TO INCLUDE ALL AREAS EAST OF THE WEST BANK OF THE INTERCOASTAL WATERWAY ALONG THE ENTIRE COAST OF THIS STATE.
Referred to Committee on Labor, Commerce and Industry
H. 4785 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS THAT A BONDSMAN OR RUNNER MAY NOT PERFORM, SO AS TO PROVIDE THAT A BONDSMAN OR RUNNER MAY NOT RETRIEVE A BONDS LIST FROM A JAIL OR RETRIEVE ANY NAMES AND FAMILY RECORDS FROM ANY JAIL RECORDS; TO AMEND SECTION 38-53-340, RELATING TO PENALTIES FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE THE ACTIVITIES OF BAIL BONDSMEN AND RUNNERS, SO AS TO PROVIDE THAT A PERSON WHO VIOLATES THESE PROVISIONS HAS COMMITTED A CRIME OF MORAL TURPITUDE, TO RECLASSIFY A VIOLATION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE PENALTY.
Referred to Committee on Judiciary
H. 4786 (Word version) -- Reps. Ceips, Clyburn, Allen, Anthony, J. Brown, Clark, Clemmons, Davenport, J. Hines, Koon, Littlejohn, Lloyd, Mahaffey, Miller, Parks, M. A. Pitts, Rivers, Scott and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-385 SO AS TO REQUIRE LONG-TERM CARE FACILITIES TO ADMINISTER VACCINATIONS AGAINST INFLUENZA TO RESIDENTS ANNUALLY IN ACCORDANCE WITH RECOMMENDATIONS OF THE CENTERS FOR DISEASE CONTROL AND WITH PROVISIONS OF THIS SECTION, TO PROVIDE EXCEPTIONS, AND TO DEFINE LONG-TERM CARE FACILITIES AS AN INTERMEDIATE CARE FACILITY, NURSING HOME, OR COMMUNITY RESIDENTIAL CARE FACILITY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4787 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-31 SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE TO INCLUDE A NEGOTIABLE INSTRUMENT IN A SOLICITATION IF THE NEGOTIATION OF THE INSTRUMENT BY THE ADDRESSEE CREATES A CONTRACT FOR THE SOLICITED PURCHASE.
Referred to Committee on Judiciary
H. 4788 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO CERTAIN MINORS, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A SPECIAL RESTRICTED DRIVER'S LICENSE MAY BE MODIFIED TO ALLOW A DRIVER TO TRAVEL BETWEEN HIS HOME AND A CHURCH RELATED ACTIVITY.
Referred to Committee on Education and Public Works
H. 4789 (Word version) -- Reps. Cobb-Hunter, Leach and Haskins: A BILL TO ENACT THE PROTECT OUR WOMEN IN EVERY RELATIONSHIP (POWER) ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-240 SO AS TO REQUIRE MAGISTRATES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING EDUCATION ANNUALLY ON DOMESTIC VIOLENCE; TO AMEND SECTION 20-3-10, RELATING TO GROUNDS FOR DIVORCE, SO AS TO FURTHER SPECIFY THAT PHYSICAL CRUELTY INCLUDES PHYSICAL VIOLENCE AND CONDUCT THAT ENDANGERS ONE'S PHYSICAL OR PSYCHOLOGICAL WELL-BEING; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO ALLOWING DEFENDANTS IN CERTAIN CASES TO DEPOSIT A SUM OF MONEY WITH THE MAGISTRATE OR MUNICIPAL COURT IN LIEU OF ENTERING INTO RECOGNIZANCE, SO AS TO REQUIRE INDIVIDUALIZED HEARINGS IN CASES WHERE THE ACCUSED MAY POSE A THREAT TO THE PUBLIC OR AN INDIVIDUAL VICTIM; TO ADD SECTION 16-25-75 SO AS TO REQUIRE THE COURT TO MAKE SPECIFIC FINDINGS OF FACT REGARDING THE NATURE AND EXTENT OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE BEFORE RELEASING THE DEFENDANT ON BOND OR SUSPENDING THE SENTENCE; TO ADD SECTION 16-25-67 SO AS TO PROVIDE THAT A CRIMINAL DOMESTIC VIOLENCE CHARGE MAY NOT BE DROPPED AGAINST A PERSON IF THE VICTIM OR VICTIM'S ATTORNEY WAS NOT PRESENT AT THE HEARING AND TO REQUIRE CRIMINAL DOMESTIC VIOLENCE OFFENCES TO BE TRIED IN GENERAL SESSIONS COURT; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT IF A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS FILED AND A PETITION FOR AN ORDER OF PROTECTION IS FILED THE ORDER FOR PROTECTION MUST BE INDEPENDENTLY PROCESSED, TO PROHIBIT ISSUANCE OF MUTUAL RESTRAINING ORDERS, TO AUTHORIZE SPECIAL NO FAULT PROTECTION ORDERS AGAINST VICTIMS, AND TO REQUIRE THE ORDER TO INFORM THE RESPONDENT OF THE RIGHT TO REQUEST A HEARING IF THE ORDER IS AUTOMATICALLY EXTENDED BY THE FILING OF AN AFFIDAVIT; TO ADD SECTION 23-1-240 SO AS TO REQUIRE A LAW ENFORCEMENT OFFICER EMPLOYED BY THE STATE OR A SUBDIVISION OF THE STATE WHO IS CONVICTED OF CRIMINAL DOMESTIC VIOLENCE TO BE TERMINATED FROM EMPLOYMENT; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS PROHIBITED FROM PARTICIPATING IN PRETRIAL INTERVENTION, SO AS TO INCLUDE A PERSON CHARGED WITH CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 16-25-20, RELATING TO CRIMINAL DOMESTIC VIOLENCE, SO AS TO PROHIBIT A PERSON CHARGED WITH SUCH AN OFFENSE FROM PLEADING GUILTY TO SIMPLE ASSAULT UNLESS AUTHORIZED BY THE COURT; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO PROHIBIT A PERSON CHARGED WITH SUCH AN OFFENSE FROM PLEADING TO ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE UNLESS AUTHORIZED BY THE COURT; TO AMEND SECTIONS 22-5-910, AS AMENDED, 22-5-920, AND 20-7-8525, ALL RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROHIBIT EXPUNGEMENT OF SUCH RECORDS FOR CRIMINAL DOMESTIC VIOLENCE FOR OFFENDERS CONVICTED IN MAGISTRATE'S COURT OR MUNICIPAL COURT, FOR SUCH OFFENSES COMMITTED BY YOUTHFUL OFFENDERS, AND FOR SUCH OFFENSES COMMITTED BY JUVENILES; TO AMEND SECTION 56-7-15, RELATING TO EFFECTING AN ARREST FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO REQUIRE LAW ENFORCEMENT TO FILE AN INCIDENT REPORT AND TO PROHIBIT THE USE OF UNIFORM TRAFFIC TICKETS TO EFFECT SUCH AN ARREST; TO AMEND SECTION 20-4-70, AS AMENDED, RELATING TO THE TERMS AND CONDITIONS OF ORDERS OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE FOR AN AUTOMATIC SIX MONTH EXTENSION UPON THE FILING OF AN AFFIDAVIT SEEKING AN EXTENSION AND TO PROVIDE NOTICE AND AN OPPORTUNITY FOR A HEARING; TO AMEND SECTION 16-25-20, RELATING TO PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REVISE FINES AND TERMS OF IMPRISONMENT AND TO REQUIRE MANDATORY MINIMUM SENTENCES, WHICH MAY BE SERVED ON WEEKENDS OR AT NIGHT; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ESTABLISH A MINIMUM SENTENCE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT A FAMILY COURT JUDGE MAY APPOINT GUARDIANS AD LITEM IN DOMESTIC VIOLENCE MATTERS.
Referred to Committee on Judiciary
H. 4790 (Word version) -- Reps. Merrill, Hinson, Harrison, Quinn, McLeod, J. E. Smith, Herbkersman, Lourie, Bingham, Scarborough, Young, E. H. Pitts, Emory, McGee, Frye, J. H. Neal, Hagood, Allen, Altman, Bailey, Barfield, Battle, Bowers, Cato, Ceips, Chellis, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Duncan, Edge, Hamilton, Keegan, Kennedy, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, Miller, M. A. Pitts, Sandifer, G. M. Smith, W. D. Smith, Stille, Talley, Taylor, Umphlett, Viers, Weeks and Whitmire: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE ITS JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
Referred to Committee on Judiciary
H. 4791 (Word version) -- Rep. White: A BILL TO AMEND SECTION 59-101-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION OF RISKS OF CONTRACTING CERTAIN DISEASES IF LIVING ON CAMPUS, SO AS TO CONFORM THE SECTION TO FEDERAL AND STATE PUBLISHED IMMUNIZATION RECOMMENDATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4792 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 42-17-60, AS AMENDED, RELATING TO A DECISION OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTIONS 37-6-108, AS AMENDED, 37-6-402, AND 37-6-414, ALL RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 44-1-50, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 44-7-220, RELATING TO A FINAL BOARD DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL AS AMENDED, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, AS AMENDED, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.
Referred to Committee on Judiciary
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20939SD04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 58-9-280(I) of the 1976 Code, as last amended by Act 354 of 1996, is further amended to read:
"(I) The incumbent LECs subject to this section shall must be authorized to meet the offerings of any local exchange carrier serving the same area by packaging services together, using volume discounts and term discounts, and by offering individual contracts for services, except as restricted by federal law. Individual contracts for services or contracts with other providers of telecommunications services shall must not be filed with the commission, except as required by federal law, provided that telecommunications carriers that have not elected to have rates, terms, and conditions determined pursuant to the plan described in Section 58-9-576(B) or that are not operating under an alternative means of regulation pursuant to section 58-9-575, 58-9-577, or 58-9-585, shall must provide access to such these contracts to the commission as required."
SECTION 2. Section 58-9-576(A) of the 1976 Code, as added by Act 354 of 1996, is amended to read:
"(A) Any LEC may elect to have rates, terms, and conditions determined pursuant to the plan described in subsection (B), provided the commission has approved a local interconnection agreement in which the LEC is a participant with an entity determined by the commission not to be affiliated with the LEC or the commission determines that another provider's service competes with the LEC's basic local exchange telephone service, or the LEC is a 'small local exchange carrier' as defined in Section 58-9-10(14)."
SECTION 3. Section 58-9-576(B)(5) of the 1976 Code, as added by Act 354 of 1996, is amended to read:
"(5) The LECs shall set rates for all other services on a basis that does not unreasonably discriminate between similarly situated customers; provided, however, that. All such of these rates are subject to a complaint process for abuse of market position in accordance with guidelines to be adopted by the commission. The commission shall resolve any such complaint within one hundred twenty days of the date it is filed with the commission. As used in this section, 'abuse of market position' means any anticompetitive pricing action that prohibits an equally efficient new firm from entering a market or that would cause an equally efficient firm to exit a market."
SECTION 4. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-285. (A) As used in this section:
(1) 'qualifying LEC' means any LEC operating under an alternative means of regulation pursuant to Section 58-9-575; any LEC that has elected to have rates, terms, and conditions for its services determined pursuant to the plan described in Section 58-9-576(B); and any LEC that has elected to have rates, terms, and conditions determined pursuant alternative means of regulation under Section 58-9-577;
(2) 'qualifying IXC' means any interexchange carrier operating under alternative means of regulation pursuant to section 58-9-585;
(3) 'bundled offering' means:
(a) for a qualifying LEC, an offering of two or more products or services to customers at a single price provided that:
(i ) each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission; and
(ii) the qualifying LEC has a tariffed flat-rated local exchange service offering for residential customers and for single-line business customers on file with the commission that provides access to the services and functionalities set forth in Section 58-9-10(9).
(b) for a qualifying IXC, an offering of two or more products or services to customers at a single price provided that each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission.
(4) 'Contract offering' means any contractual agreement by which a qualifying LEC or a qualifying IXC offers any tariffed product or service to any customer at rates, terms, and conditions that differ from those set forth in the qualfying LEC's or qualifying IXC's tariffs.
(B) The commission shall not:
(1) impose any requirements related to the terms, conditions, rates, or availability of any bundled offering or contract offering of any qualifying LEC or qualifying IXC; or
(2) otherwise regulate any bundled offering or contract offering of any qualifying LEC or qualifying IXC. Without limiting the foregoing, purchasers of bundled offerings and contract offerings may submit complaints regarding such offerings to the commission, and the commission may provide a copy of such complaint to the qualifying LEC or qualifying IXC referenced in the complaint. The commission may endeavor to facilitate a voluntary and mutually-acceptable resolution of such complaints.
(C) A qualifying LEC or qualifying IXC providing bundled offerings or contract offerings is obligated to provide contributions to the Universal Service Fund (USF), and the commission shall ensure that contributions to the state USF, pursuant to Section 58-9-280(E) must be maintained at appropriate levels.
(D) Access minutes of use must continue to be classified and reported for purposes of administering the Interim LEC Fund, pursuant to Section 58-9-280(M), in the same manner as they were classified and reported before the effective date of this subsection (d).
(E) Nothing in this section affects any jurisdiction conferred upon the commission by 47 U.S.C. Section 254(k).
(F) Nothing in this section affects the commission's jurisdiction over complaints alleging that a change in a subscriber's selection of a provider of telecommunications service was made without appropriate authorization."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SCOTT asked unanimous consent to recall H. 3145 (Word version) from the Committee on Judiciary.
Rep. TALLEY objected.
The motion period was dispensed with on motion of Rep. HAGOOD.
The following Bill was taken up:
H. 4453 (Word version) -- Reps. Sheheen, Jennings, Altman, McLeod and Weeks: A BILL TO AMEND SECTION 19-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIFE EXPECTANCY TABLE FOR CIVIL LITIGATION, SO AS TO UPDATE THE TABLE USING THE 2001 COMMISSIONERS STANDARD ORDINARY MORTALITY TABLE.
Rep. SINCLAIR explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown Cato Ceips Chellis Clark Clemmons Coates Cobb-Hunter Cooper Cotty Dantzler Delleney Edge Emory Gilham Gourdine Govan Hagood Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Littlejohn Lloyd Loftis Lourie Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry E. H. Pitts Quinn Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Scott Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stille Talley Thompson Townsend Tripp Trotter Umphlett Vaughn Viers Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Davenport Duncan Taylor
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4354 (Word version) -- Reps. Hagood, Littlejohn, Young, Chellis, Lourie, R. Brown and Miller: A BILL TO ENACT THE "SOUTH CAROLINA INFRASTRUCTURE PRIORITY INVESTMENT ACT OF 2003" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO ESTABLISH COORDINATION BETWEEN ADJACENT AND OTHER RELEVANT JURISDICTIONS DURING THE LOCAL PLANNING PROCESS AND TO ESTABLISH THE DESIGNATION OF PRIORITY INFRASTRUCTURE AREAS AS AN ELEMENT OF COMPREHENSIVE PLANS.
Rep. OTT proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7140AHB04), which was adopted:
Amend the bill, as and if amended, by deleting subsection (D)(8) of Section 6-29-510 as contained in SECTION 2 and inserting:
/ (8) a priority investment element which establishes, through coordination with all adjacent and other relevant jurisdictions and agencies, priority investment areas which must be suitable areas in which development and community facilities are recommended to be directed. It is the intent of the General Assembly that local goverments develop market-based incentives to encourage private development in priority investment areas rather than areas not designated as priority investment areas on comprehensive plans; and /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. HAGOOD spoke in favor of the amendment.
The amendment was then adopted.
Rep. HAGOOD explained the Bill.
Rep. THOMPSON moved to recommit the Bill to the Committee on Judiciary.
Rep. HAGOOD moved to table the motion.
Rep. HAGOOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Battle Bingham Breeland G. Brown J. Brown R. Brown Ceips Chellis Clemmons Cotty Dantzler Duncan Emory Freeman Hagood Harrell Harrison Herbkersman Hinson Hosey Howard Huggins Jennings Keegan Koon Leach Limehouse Littlejohn Lourie Mack McLeod Merrill Miller J. M. Neal Ott Owens Parks E. H. Pitts M. A. Pitts Quinn Rhoad Richardson Scarborough Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Snow Talley Taylor Toole Umphlett Vaughn Viers Weeks Whipper Whitmire Wilkins Young
Those who voted in the negative are:
Bales Barfield Bowers Cato Cooper Davenport Delleney Edge Gourdine Govan Harvin Kennedy Kirsh Lloyd Loftis Mahaffey Moody-Lawrence Perry Pinson Rice Scott G. R. Smith Stille Thompson Tripp Trotter White Witherspoon
So, the motion to recommit the Bill was tabled.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Battle Bingham Bowers Breeland G. Brown J. Brown R. Brown Ceips Chellis Clemmons Cobb-Hunter Cotty Dantzler Edge Emory Freeman Govan Hagood Harrison Herbkersman J. Hines Hinson Hosey Howard Huggins Jennings Keegan Koon Leach Limehouse Littlejohn Lourie Mack Mahaffey Martin McCraw McLeod Merrill Miller J. M. Neal Neilson Ott Parks E. H. Pitts Quinn Richardson Sandifer Scarborough Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Snow Talley Taylor Toole Umphlett Vaughn Viers Weeks Whipper Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bales Barfield Cato Cooper Davenport Delleney Duncan Frye Harvin Kennedy Kirsh Lloyd Loftis Moody-Lawrence Owens Perry Pinson M. A. Pitts Rice Scott Stille Thompson Tripp Trotter White
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. COOPER moved that the House do now adjourn, which was agreed to.
At 12:30 p.m. the House, in accordance with the motion of Rep. DAVENPORT, adjourned in memory of Lewis Boyd Parris, Sr. of Boiling Springs, to meet at 10:00 a.m. tomorrow.
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