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 Isaiah 42:1: "He is My servant whom I uphold, My chosen one in whom I delight; I will put My spirit on him and he will bring justice to the nations."
Let us pray. Loving God, Your mercy reaches through all the barriers we build. Just when we may think we have everything it takes to be free in life, you rattle the chains that are still holding us from true freedom. Help us to break the chains and rely on You for courage and wisdom. Bless our State and Nation and give our leaders the will to do Your will. Protect our defenders of freedom. 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. CLEMMONS moved that when the House adjourns, it adjourn in memory of F. Gary Todd of Myrtle Beach, which was agreed to.
The following was received:
February 18, 2004
The Honorable Sandra K. McKinney
Clerk, South Carolina House of Representatives
Post Office Box 11867
Columbia SC 29211
Dear Mrs. McKinney:
This letter is to notify you that as of February 12, 2004, I have resigned as Chairman of the House Legislative Ethics Committee. It has been an honor and privilege to serve the House as Chairman for the past eight years.
Sincerely,
Becky D. Richardson
Received as information.
The following was received:
February 18, 2004
The Honorable Sandra K. McKinney
Clerk, South Carolina House of Representatives
Post Office Box 11867
Columbia SC 29211
Dear Mrs. McKinney:
The House Ethics Committee met on Thursday, February 12, 2004, and elected the following officers:
J. Roland Smith, Chairman
Shirley R. Hinson, Vice-Chairman
William E. Sandifer, Secretary
Sincerely,
Ruth D. Muldrow
Executive Secretary, Legislative Ethics Committee
Received as information.
The following was received:
Columbia, S.C., February 18, 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: June 30, 2001
Term Expiring: June 30, 2005
Seat: 2nd Congressional District
Reappointment
Mr. William I. Pebley
148 George Addy Road
Little Mountain, South Carolina 29075
803-932-7658
Very respectfully,
President of the Senate
Received as information.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4475 (Word version) -- Reps. Harrell, W. D. Smith, Wilkins, Altman, Bingham, Ceips, Chellis, Clark, Cotty, Davenport, Edge, Frye, Gilham, Hagood, Hamilton, Harrison, Haskins, Hinson, Huggins, Koon, Leach, Limehouse, Littlejohn, Mahaffey, Martin, Merrill, E. H. Pitts, Quinn, Rice, Richardson, Simrill, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, White, Witherspoon, Young, Sandifer, Kirsh and Owens: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, AND TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 4723 (Word version) -- Reps. Loftis, Vaughn, Cato, Allen, Altman, Bales, Barfield, Battle, Branham, J. Brown, Davenport, Hamilton, Haskins, M. Hines, Hosey, Jennings, Leach, McCraw, Owens, Perry, Rice, D. C. Smith, F. N. Smith, G. R. Smith, J. R. Smith, Tripp, Wilkins and Mahaffey: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEES AMONG THE VARIOUS COUNTIES AND COUNTY TRANSPORTATION COMMITTEES ENTITLED TO EXPEND 'C' FUNDS, SO AS TO CHANGE THE NAME OF A COUNTY TRANSPORTATION COMMITTEE TO THE LEGISLATIVE DELEGATION TRANSPORTATION COMMITTEE OF THE PARTICULAR COUNTY.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4482 (Word version) -- Reps. Cotty, Altman, G. M. Smith, Davenport, Coates, J. Brown, Richardson, Kirsh, Owens, Weeks, Clark, Harrison, J. R. Smith, E. H. Pitts, Hinson, Walker and Whipper: A BILL TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT PLANNING, BY ADDING ARTICLE 11 SO AS TO ENACT THE "FEDERAL DEFENSE FACILITIES UTILIZATION INTEGRITY PROTECTION ACT" WHICH PROVIDES PROCESSES AND PROCEDURES WHEREBY LOCAL PLANNING ENTITIES AND OFFICIALS MUST CONSIDER CERTAIN MATTERS AND TAKE CERTAIN ACTIONS IN REGARD TO DEVELOPMENT IN AREAS CONTIGUOUS TO FEDERAL MILITARY INSTALLATIONS LOCATED IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4271 (Word version) -- Reps. Townsend, Thompson, Cooper, Martin, Stille, White, Harrell and E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3689 (Word version) -- Reps. Miller, Bales, Rutherford, J. Hines, Anthony, Battle, Branham, Clyburn, Gourdine, M. Hines, Jennings, Lloyd, Mack, McCraw, Moody-Lawrence, J. H. Neal, Neilson, Phillips, Snow, Bowers, Koon, Frye, Altman, McGee, Limehouse, Bailey, Davenport, Leach, Kirsh, Herbkersman, Haskins, Harrison, Hamilton, Hagood, Freeman, Edge, Townsend, W. D. Smith, Sinclair, Sheheen, Scarborough, Pinson, Perry, Owens, Richardson, Martin, Lucas, Lourie, Loftis, Witherspoon, Whipper, Coleman, G. Brown, Cato, Coates, Cobb-Hunter, Ceips, Clark, Rice, Delleney, Vaughn, Trotter, Tripp, J. R. Smith, J. E. Smith, Scott, Sandifer, Littlejohn, Harrell, Harvin, Toole, G. R. Smith, Kennedy, E. H. Pitts, Thompson, F. N. Smith, Hosey and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO LIMIT TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY AND SECOND HOMES ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4503 (Word version) -- Reps. J. R. Smith, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES HOUSE OF REPRESENTATIVES TO ENACT H.RES. 103 WHICH ESTABLISHES A SELECT COMMITTEE ON POW AND MIA AFFAIRS IN THE UNITED STATES HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4793 (Word version) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. KENNEDY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4796 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE STATE'S COMMERCIAL DRIVER LICENSE PROGRAM; TO AMEND SECTION 56-1-10 AND SECTION 56-1-630, BOTH AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN PROVISIONS CONCERNING MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "CONVICTION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITION OF THE TERM "SERIOUS TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE CONTENTS OF THE AGREEMENT A THIRD PARTY MUST ENTER INTO WITH THE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO ADMINISTER THE COMMERCIAL DRIVER'S LICENSE SKILLS TEST; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE REQUIREMENTS TO OBTAIN A HAZARDOUS MATERIAL ENDORSEMENT; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO VIOLATIONS THAT RESULT IN A PERSON BEING DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT OFFENSES COMMITTED BY A COMMERCIAL DRIVER'S LICENSE HOLDER IN A COMMERCIAL OR NONCOMMERCIAL VEHICLE MAY BE USED TO DISQUALIFY A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR THE TERM "SERIOUS TRAFFIC VIOLATIONS"; TO AMEND SECTION 56-5-2735, RELATING TO VEHICLE ENTRY INTO AN INTERSECTION, ACROSS A CROSSWALK, OR ONTO A RAILROAD GRADE CROSSING, SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE DRIVEN OR TOWED THROUGH OR OVER ANY RAILROAD GRADE CROSSING UNTIL THE DRIVER HAS DETERMINED THAT THE VEHICLE HAS SUFFICIENT UNDERCARRIAGE CLEARANCE TO NEGOTIATE THE RAILROAD GRADE CROSSING.
Referred to Committee on Education and Public Works
H. 4797 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS FIFTEEN YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO THE DEPARTMENT OF MOTOR VEHICLES PROVIDING A COPY OF MOVING VIOLATION CHARGES AGAINST A PERSON UNDER THE AGE OF EIGHTEEN TO THE OWNER OF THE VEHICLE USED DURING THE VIOLATION.
Referred to Committee on Education and Public Works
H. 4798 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-265 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ACCEPT ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES; TO PROVIDE A FEE FOR COMMERCIAL PARTIES WHO TRANSMIT OR RETRIEVE DATA FROM THE DEPARTMENT, AND TO PROVIDE FOR THE COLLECTION AND DISBURSEMENT OF THIS FEE.
Referred to Committee on Education and Public Works
H. 4799 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 18-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALING A MAGISTRATE'S COURT DECISION, SO AS TO PROVIDE THAT THE NOTICE OF APPEAL MUST ALSO BE SERVED ON ALL RESPONDENTS.
Referred to Committee on Judiciary
H. 4800 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-2942, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE AFTER A PERSON IS CONVINCED OF CERTAIN ALCOHOL RELATED OFFENSES, SO AS TO PROVIDE THAT A VEHICLE MUST BE IMMOBILIZED AFTER THE DEPARTMENT OF MOTOR VEHICLES RECEIVES A CONVICTION OF A PERSON FOR A VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES INSTEAD OF AFTER THE PERSON IS SENTENCED; TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASCERTAIN THE REGISTRATION NUMBER OR OTHER INFORMATION TO DETERMINE THE IDENTITY OF A VEHICLE TO BE IMMOBILIZED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL IDENTIFY ALL VEHICLES WHOSE REGISTRATIONS MUST BE SUSPENDED PURSUANT TO THIS SECTION, TO DELETE THE PROVISION THAT CREATES THE CRIME OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED BY OR REGISTERED TO A PERSON, TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASSESS A FEE OF FORTY DOLLARS FOR EACH VEHICLE OWNED BY OR REGISTERED TO A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES, AND TO PROVIDE THAT A FEE OF FIFTY DOLLARS MUST BE PAID TO THE DEPARTMENT OF MOTOR VEHICLES FOR EACH VEHICLE THAT WAS SUSPENDED PURSUANT TO THIS SECTION BEFORE A SUSPENDED REGISTRATION AND LICENSE PLATE MAY BE REINSTATED.
Referred to Committee on Education and Public Works
H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.
Referred to Committee on Education and Public Works
H. 4802 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A PERMANENTLY REVOKED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED PERMANENTLY MAY PETITION THE CIRCUIT COURT FOR REINSTATEMENT OF HIS DRIVER'S LICENSE IN THE COUNTY IN WHICH HIS MOST RECENT CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE OCCURRED IF THE CONVICTION OCCURRED IN THIS STATE OR IN HIS COUNTY OF RESIDENCE IF THE CONVICTION OCCURRED IN ANOTHER STATE, TO PROVIDE THAT THIS PROCEEDING MUST INCLUDE THE SOLICITOR AND THE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES, OR THEIR DESIGNEES, TO PROVIDE THAT THE COURT MAY NOT ORDER THE REINSTATEMENT OF A PERSON'S DRIVER'S LICENSE IF THE PERSON HAS CHARGES PENDING AGAINST HIM AND HAS NOT COMPLETED SUCCESSFULLY AN ALCOHOL OR DRUG ASSESSMENT AND TREATMENT PROGRAM SINCE HIS MOST RECENT ALCOHOL OR DRUG OFFENSE; TO AMEND SECTION 56-1-465, RELATING TO NOTIFICATION OF SUSPENSION OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FORM OF THE NOTIFICATION SHALL BE THE SAME AS CONTAINED IN SECTION 56-1-360 INSTEAD OF THE NOTIFICATION REQUIRED WHEN A LICENSE IS SUSPENDED DUE TO A LOSS OF POINTS; TO AMEND SECTION 56-1-510, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE AND THE FRAUDULENT APPLICATION FOR A DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION OF A DRIVER'S LICENSE, SALE OR ISSUANCE OF A FICTITIOUS DRIVER'S LICENSE, OR USE OF ANOTHER PERSON'S DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD; TO AMEND SECTION 56-1-810, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE DUE TO THE ACCUMULATION OF SUFFICIENT POINTS TO WARRANT THE SUSPENSION OF THE LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO NOTIFY THE LICENSEE, RETURN RECEIPT REQUESTED, AND TO PROVIDE THAT NOTIFICATION OF THE SUSPENSION MUST BE DONE AS CONTAINED IN SECTION 56-1-360; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO PUNISHMENT FOR A PERSON WHO IS FOUND TO BE AN HABITUAL OFFENDER AND WHO SUBSEQUENTLY IS CONVICTED OF OPERATING A MOTOR VEHICLE WHILE THE DECISION OF THE DEPARTMENT OF MOTOR VEHICLES PROHIBITING THE OPERATION OF A MOTOR VEHICLE IS IN EFFECT, SO AS TO PROVIDE THAT THE COURT AND NO LONGER THE DEPARTMENT SHALL NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL WHEN A PERSON IS FOUND TO BE AN HABITUAL OFFENDER; AND TO REPEAL SECTION 56-1-475, RELATING TO PERMITTING A DRIVER TO OPERATE A MOTOR VEHICLE IN THIS STATE WITH A VALID OUT-OF-STATE LICENSE AFTER THE EXPIRATION OF THE PERIOD OF TIME FOR WHICH HIS SOUTH CAROLINA DRIVER'S LICENSE WAS SUSPENDED.
Referred to Committee on Education and Public Works
H. 4803 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUING PERMITS TO OWNERS OF GOLF CARTS THAT ALLOW THE GOLF CARTS TO BE OPERATED ON HIGHWAYS AND STREETS, SO AS TO PROVIDE THAT TO OBTAIN A PERMIT THE OWNER OF A GOLF CART SHALL PROVIDE THE DEPARTMENT PROOF OF ITS OWNERSHIP.
Referred to Committee on Education and Public Works
H. 4804 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-15-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER LICENSES, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SUPPLEMENTAL DEALER LICENSES FOR PREMISES LESS THAN ONE-HALF MILE FROM THE DEALER'S PRIMARY PLACE OF BUSINESS UNDER CERTAIN CIRCUMSTANCES FOR A FEE THAT MUST BE USED BY THE DEPARTMENT TO DEFRAY THE EXPENSES OF THIS PROGRAM.
Referred to Committee on Education and Public Works
H. 4805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON TO DEPOSIT, SO AS TO REVISE THE MINIMUM AMOUNT OF SECURITY THAT MAY BE REQUIRED BY THE DEPARTMENT.
Referred to Committee on Labor, Commerce and Industry
H. 4806 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 31, TITLE 27, SO AS TO PROVIDE FOR GOVERNANCE OF A HOMEOWNERS' ASSOCIATION, INCLUDING PROVISIONS FOR ADOPTING OR CHANGING AN OPERATING RULE, PROCEDURAL FAIRNESS IN THE OPERATION OF THE ASSOCIATION'S PROPERTY AND AFFAIRS, FILING OF GOVERNING DOCUMENTS WITH THE SECRETARY OF STATE, REVIEW BY THE SECRETARY OF STATE OF GOVERNING DOCUMENTS FOR COMPLIANCE AND NOTICE OF NONCOMPLIANCE TO HOMEOWNERS AND THE DEPARTMENT OF CONSUMER AFFAIRS, RECOGNITION OF THE DETERMINATION AS EVIDENCE PER SE OF NONCOMPLIANCE IN AN ENFORCEMENT ACTION, ENFORCEMENT OF COMPLIANCE BY THE DEPARTMENT THROUGH FINES AND INJUNCTIONS, AND A CAUSE OF ACTION AGAINST THE BOARD OF DIRECTORS OF A HOMEOWNERS' ASSOCIATION FOR BREACH OF ITS FIDUCIARY DUTY TO THE ASSOCIATION FOR NONCOMPLIANCE WITH THIS ARTICLE.
Referred to Committee on Labor, Commerce and Industry
H. 4807 (Word version) -- Reps. Sandifer, Cobb-Hunter, Cato, Hinson, Loftis, J. E. Smith, Lourie, Pinson, Frye, Battle, Bingham, Clark, Harrell, Jennings, Kennedy, Koon, Lloyd, McGee, Miller, Ott, E. H. Pitts, M. A. Pitts, Snow, Stille, Taylor, Trotter, Whitmire and Young: A BILL TO AMEND SECTION 51-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM'S GRANT PROGRAM, SO AS TO PROVIDE THAT UNEXPENDED GRANT FUNDS IN ANY ACCOUNT MAY BE CARRIED FORWARD FOR NOT MORE THAN TEN YEARS INSTEAD OF THREE YEARS.
Referred to Committee on Ways and Means
S. 769 (Word version) -- Senators Cromer and Reese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES INCLUDING THE EXEMPTION OF A DWELLING HOUSE OF A VETERAN WHO IS DISABLED FROM A SERVICE-CONNECTED DISABILITY, SO AS TO DEFINE THE TERM "PERMANENTLY AND TOTALLY DISABLED" AND TO ALLOW THE SURVIVING SPOUSE OF A DISABLED VETERAN TO RECEIVE THE EXEMPTION FOR ANY SUBSEQUENT DWELLING.
Referred to Committee on Ways and Means
S. 813 (Word version) -- Senators Richardson, Hutto, Ravenel and Kuhn: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND
BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
Referred to Committee on Judiciary
S. 904 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-119-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON THE ISSUANCE OF ATHLETIC FACILITY REVENUE BONDS BY CLEMSON UNIVERSITY SO AS TO INCREASE FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS THE MAXIMUM AMOUNT OF THESE BONDS WHICH MAY BE OUTSTANDING AT ANY TIME.
Referred to Committee on Ways and Means
S. 966 (Word version) -- Medical Affairs Committee: A BILL TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING, ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The following was introduced:
H. 4794 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO COMMEND MILLER COMMUNICATIONS, INC. AND ALL OF THE "ICE STORM" BROADCASTERS AND TO THANK THEM FOR THE SERVICE THEY PROVIDE TO THE PALMETTO STATE.
The Resolution was adopted.
The following was introduced:
H. 4795 (Word version) -- Reps. Cobb-Hunter, J. E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, 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. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO ENSURE THAT THE CENTERS FOR MEDICARE AND MEDICAID SERVICES POSTPONE IMPLEMENTATION OF A REVISED DEFINITION OF A "PUBLIC HOSPITAL" FOR PURPOSES OF PARTICIPATION IN THE DISPROPORTIONATE SHARE PROGRAM SO AS TO PROVIDE AN OPPORTUNITY FOR A REVIEW OF THE DRASTIC IMPACT ON THE HOSPITALS OF THE STATE OF SOUTH CAROLINA AND TO ALLOW A TRANSITION PERIOD FOR THOSE HOSPITALS TO REACT TO THE LOSS OF MILLIONS OF VITAL MEDICAID DOLLARS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4808 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. C. MORRISON FARISH OF DARLINGTON COUNTY FOR OVER TWENTY YEARS OF DEDICATION TO PEDIATRIC MEDICINE IN THE STATE OF SOUTH CAROLINA AND TO WISH HIM MUCH SUCCESS AND HAPPINESS AS HE CONTINUES TO PROVIDE MEDICAL CARE TO CHILDREN IN THE PEE DEE AREA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4809 (Word version) -- Reps. Neilson, J. Hines and Lucas: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JAMES RONALD "RONNIE" WARD UPON HIS RETIREMENT AS MAYOR OF THE CITY OF DARLINGTON AFTER TWENTY YEARS OF SERVICE AND TO EXTEND TO HIM BEST WISHES IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Moody-Lawrence J. H. Neal J. M. Neal Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Snow Stewart 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 Thursday, February 19.
Karl Allen Ralph Davenport Thayer Rivers Seth Whipper Walter Lloyd Thomas Rhoad Denny Neilson Douglas Jennings Todd Rutherford Alex Harvin
The SPEAKER granted Rep. CEIPS a leave of absence due to attending a funeral.
The SPEAKER granted Rep. MILLER a leave of absence due to the death of a family member.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the day due to illness.
Rep. HARVIN 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 17.
Announcement was made that Dr. Walter Clarke of Greenwood is the Doctor of the Day for the General Assembly.
Rep. LOURIE and the Richland Delegation presented to the House the A. C. Flora "Falcons" High School Golf Team, the 2003 Class AAA State Champions, their coach and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4657 (Word version)
Date: ADD:
02/19/04 RICE
Bill Number: H. 4657 (Word version)
Date: ADD:
02/19/04 OWENS
Bill Number: H. 4657 (Word version)
Date: ADD:
02/19/04 G. M. SMITH
Bill Number: H. 4529 (Word version)
Date: ADD:
02/19/04 RICE
Bill Number: H. 4529 (Word version)
Date: ADD:
02/19/04 OWENS
Bill Number: H. 4674 (Word version)
Date: ADD:
02/19/04 RICE
Bill Number: H. 4481 (Word version)
Date: ADD:
02/19/04 COTTY
Bill Number: H. 3957 (Word version)
Date: ADD:
02/19/04 WHIPPER
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
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.
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.
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.
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 following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 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 second time, and ordered to a third reading:
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.
Rep. FRYE explained the Bill.
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.
Rep. WITHERSPOON explained the Bill.
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.
Rep. FRYE explained the Bill.
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.
Rep. WITHERSPOON explained the Joint Resolution.
On motion of Rep. FRYE, with unanimous consent, it was ordered that H. 4698 (Word version) be read the third time tomorrow.
Rep. BAILEY asked unanimous consent that H. 4591 (Word version) be read a third time tomorrow.
Rep. SIMRILL objected.
On motion of Rep. FRYE, with unanimous consent, it was ordered that H. 4696 (Word version) be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4772 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20957SD04):
Amend the bill, as and if amended, by striking Section 50-9-1215 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 50-9-1215. 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 any bovine or equine animal while hunting deer. The provisions of this section apply whether or not the person is convicted of, or pleads guilty or nolo contendere to a resulting criminal violation. In addition, 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. /
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. WITHERSPOON explained the Bill.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5833CM04):
Amend the bill, as and if amended, by striking all after the enacting words, and inserting:
/ SECTION 1. Section 56-5-1210 of the 1976 Code, as last amended by Act 398 of 1996, is further amended to read:
"Section 56-5-1210. (A) The driver of a vehicle involved in an accident or a collision resulting in injury to or the death of a person immediately shall stop the vehicle at the scene of the accident or collision or as close to it as possible. He then shall return to and in every event shall remain at the scene of the accident or collision until he has fulfilled the requirements of Section 56-5-1230. The stop must be made without obstructing traffic more than is necessary. A person who fails to stop or to comply with the requirements of this section, is guilty of:
(1) a misdemeanor and, upon conviction, must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both, when injury results but great bodily injury or death does not result;
(2) a felony and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars when great bodily injury results; or
(3) a felony and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars when death results.
(B) Law enforcement officers or authorized employees of the Department of Transportation may move or have removed from the traveled way all disabled vehicles and vehicles involved in an accident or a collision and any debris caused by motor vehicle traffic collisions where it can be accomplished safely and will result in the improved safety or traffic flow upon the road however, where a vehicle has been involved in an accident or collision resulting in great bodily injury or death to a person, the vehicle shall not be moved until it is authorized by the investigating law enforcement officer. The State, its political subdivisions, and its officers and employees are not liable for any damages to vehicles that result from the removal unless the removal was carried out in a reckless or grossly negligent manner. The vehicle owner and any driver or carrier of a vehicle removed under this subsection shall bear all reasonable costs of removal.
Nothing in this section shall bar recovery from an at fault party when the accident or collision was caused by the actions of that party.
(C) As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(C)(D) The department shall revoke the driver's license of the person convicted pursuant to this section."
SECTION 2. Section 56-5-1220 of the 1976 Code, as last amended by Act 398 of 1996, is further amended to read:
"Section 56-5-1220. (A) The driver of a vehicle involved in an accident or a collision resulting only in damage to a vehicle which is driven or attended by a person immediately shall stop the vehicle at the scene of the accident or collision or as close to it as possible, but shall return to and in every event shall remain at the scene of the accident or collision until he has fulfilled the requirements of Section 56-5-1230. The stop must be made without obstructing traffic. A person who fails to stop or comply with the requirements of this section subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both.
(B) If a disabled vehicle or a vehicle involved in an accident or a collision resulting only in damage to a vehicle is obstructing traffic, the driver of the vehicle shall make every reasonable effort to move any vehicle that is capable of being driven safely off the roadway as defined by Section 56-5-460 so as not to block the flow of traffic. The driver or any other person who has moved a motor vehicle to facilitate the flow of traffic as provided in this subsection before the arrival of a law enforcement officer shall not be considered liable or at fault regarding the cause of the accident or collision solely by reason of moving the vehicle pursuant to this section.
(C) State an local authorities may erect signs along highways and streets that instruct the public that the driver of a disabled vehicle or a vehicle involved in an accident or a collision resulting only in damage to vehicles shall make every reasonable effort to move any vehicle that is capable of being driven off the roadway."
SECTION 3. Section 56-5-4100 of the 1976 Code is amended to read:
"Section 56-5-4100. (A) No vehicle may be driven or moved on any public highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from the vehicle, except that sand, salt, or other chemicals may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in the cleaning or maintaining of the roadway by the public authority having jurisdiction.
(B) Trucks, trailers, or other vehicles when loaded with rock, gravel, stone, or other similar substances which could blow, leak, sift, or drop must not be driven or moved on any highway unless the height of the load against all four walls does not extend above a horizontal line six inches below their tops when loaded at the loading point; or, if the load is not level, unless the height of the sides of the load against all four walls does not extend above a horizontal line six inches below their tops, and the highest point of the load does not extend above their tops, when loaded at the loading point; or, if not so loaded, unless the load is securely covered by tarpaulin or some other suitable covering; or unless it is otherwise constructed so as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping from the vehicle. This subsection also includes the transportation of garbage or waste materials to locations for refuse in this State.
(C) The loader of the vehicle and the driver of the vehicle, in addition to complying with the other provisions of this section, shall sweep or otherwise remove any loose gravel or similar material from the running boards, fenders, bumpers, or other similar exterior portions of the vehicle before it is moved on a public highway.
(D) Any person operating a vehicle from which any glass or objects substances or cargo, excluding water, have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon the public highway, shall make every reasonable effort to immediately cause the public highway to be cleaned of all glass or objects substances and shall pay any costs for the cleaning.
If the person immediately does not cause the public highway to be cleaned, the Department of Transportation or any law enforcement officer may, without the consent of the owner or carrier of the substance or cargo, remove or have removed the substance from the public highway if the substance or cargo is blocking the public highway or endangering public safety. The State, its political subdivisions and their officers and employees are not liable for any damages to the substance or cargo that may result from the removal or the removal or the disposal of the substance or cargo unless the removal or disposal was carried out recklessly or in a grossly negligent manner. The State, its political subdivisions, and their officers and employees are not liable for any damages or claims of damages that may result from the failure to exercise any authority granted under this section. The owner, driver of the vehicle, or carrier of the substance or cargo removed under this subsection shall bear all reassonable costs of its removal and subsequent storage or disposition.
Nothing in this section bars recovery from an at fault party when the spill was caused by the actions of that party.
(E) Any person who violates the provisions of subsections (B), (C), or (D), is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars.
(F) The provisions of this section are not applicable to and do not restrict the transportation of seed cotton, soybeans, tobacco, poultry, livestock or silage, or other feed grain used in the feeding of poultry or livestock or of paper, wastepaper utilized for the manufacture of industrial products, paper products, forest products, or textile products.
(G) The provisions contained in this section are applicable statewide. No other governmental entity may enact or enforce conflicting ordinances or impose more stringent requirements than those contained in this section."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Judiciary Committee proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\3771DW04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 35, Title 23 of the 1976 Code is amended by adding:
"Section 23-35-175. (A) As used in this section:
(1) 'Fireworks Prohibited Zone' means an area in which fireworks are prohibited from being discharged. A Fireworks Prohibited Zone shall extend beyond the subject property to the low water mark of all oceanic bodies of water adjoining the subject property. A Fireworks Prohibited Zone includes the area:
(a) contained within the boundaries of the subject property;
(b) extended from the boundaries of the subject property to the center line of any street or thoroughfare that it abuts; and
(c) extended from the boundaries of the subject property into any public land sharing a common boundary for a distance not to exceed five hundred feet.
(2) 'Managing authority' means a governing board of a condominium association.
(3) 'Subject property' means the property controlled by the owner, lessee, or managing authority of the property for which a Discharge of Fireworks Prohibited Agreement has been filed.
(B) It is unlawful to discharge fireworks from, in, or into a Fireworks Prohibited Zone. A person who discharges fireworks from, in, or into a Fireworks Prohibited Zone is guilty of a misdemeanor and, upon conviction, must be punished:
(1) for a first offense by a fine of not more than one hundred dollars or imprisonment for not more than thirty days; and
(2) for a second and subsequent offense by a fine of not more than two hundred dollars or imprisonment for not more than thirty days.
(C) An owner, a lessee, or managing authority of real property may establish a Fireworks Prohibited Zone by:
(1) filing a Discharge of Fireworks Prohibited Agreement with the law enforcement agency having jurisdiction over the subject property; and
(2) posting at least two signs or placards in conspicuous locations on the subject property. These signs or placards must be posted so as visible from any street or thoroughfare the subject property abuts and any public land sharing a common boundary with the subject property. The sign or placard must measure not less than twelve inches by twelve inches and bear the following inscription:
'DISCHARGE OF FIREWORKS PROHIBITED
VIOLATORS WILL BE PROSECUTED'
(D) The Discharge of Fireworks Prohibited Agreement must be in the following form:
'DISCHARGE OF FIREWORKS PROHIBITED AGREEMENT
DATE:_____________________________________
SUBJECT PROPERTY ADDRESS:___________
NAME OF SUBJECT PROPERTY (IF COMMERCIAL)
__________________________
PROPERTY BOUNDARIES OR LEGAL DESCRIPTION:____________________________
I,_________, the undersigned, being the owner/lessee or managing authority of the above described subject property, hereby create a Fireworks Prohibited Zone for the above listed subject property and request that the applicable law enforcement agency enforce the prohibition of the discharge of fireworks on said subject property to the fullest extent of the law.
I agree to post a sign or placard in a conspicuous location on the above listed subject property which measures not less than twelve inches by twelve inches and bears the following inscription:
'DISCHARGE OF FIREWORKS PROHIBITED
VIOLATORS WILL BE PROSECUTED'
__________________________________________
OWNER/LESSEE OR MANAGING AUTHORITY
__________________________________________
WITNESS
(E) A governmental entity is authorized to post appropriate signs or placards indicating the location of Fireworks Prohibited Zones in areas where there are contiguous properties which have filed a Discharge of Fireworks Prohibited Agreement." /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. LUCAS explained the Bill.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7136AHB04), which was adopted:
Amend the bill, as and if amended, by striking Section 16-15-342, as contained in SECTION 1, in its entirety and inserting:
/ Section 1. Chapter 15, Title 16 of the 1976 Code is amended by adding:
"Section 16-15-342. (A) A person eighteen years of age or older commits the offense of criminal solicitation of a minor if he knowingly contacts or communicates with, or attempts to contact or communicate with, a person who is under the age of eighteen, or a person reasonably believed to be under the age of eighteen, for the purpose of or with the intent of persuading, inducing, enticing, or coercing the person to engage or participate in a sexual activity as defined in Section 16-15-375(5) or a violent crime as defined in Section 16-1-60.
(B) Consent is a defense to a prosecution pursuant to this section only as follows:
(1) Consent is not a defense to a prosecution pursuant to the provisions of this section if the person under the age of eighteen, or the person reasonably believed to be under the age of eighteen, is under the age of sixteen.
(2) Consent is a defense to a prosecution pursuant to this section if the person under the age of eighteen, or the person reasonably believed to be under the age of eighteen, is at least sixteen years old.
(C) It is not a defense to a prosecution pursuant to the provisions of this section, on the basis of consent or otherwise, that the person reasonably believed to be under the age of eighteen is a law enforcement agent or officer acting in an official capacity.
(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than ten years, or both." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 23-3-430(C) of the 1976 Code, as last amended by Act 363 of 2000, is further amended by adding:
"(20) criminal solicitation of a minor (Section 16-15-342)." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 44-48-30(2) is amended by adding:
"(p) criminal solicitation of a minor, as provided in Section 16-15-342." /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. LUCAS, with unanimous consent, it was ordered that H. 4451 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. MCLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The SPEAKER granted Rep. EMORY a leave of absence for the remainder of the day.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22463HTC04), which was adopted:
Amend the bill, as and if amended, in Section 8-11-1110(A), as contained in SECTION 1, beginning on page 1, by striking all after the enacting words and inserting:
SECTION 1. Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-1110(A) State employees eligible to earn annual leave pursuant to Section 8-11-610 also are entitled to paid leave to attend court proceedings for adjudicating the defendant charged with a crime triable in general sessions court committed against the state employee or a member of the state employee's immediate family. This paid leave shall not diminish any other paid leave allowed by law. An employee must provide his employer written advance confirmation of the date of the court proceedings from either the solicitor's office or the appropriate law enforcement department.
(B) For purposes of this section:
(1) 'court proceedings' include a preliminary hearing, a trial, sentencing, and hearing on revocation of probation;
(2) 'immediate family' is as provided in Section 8-11-40."
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4651 (Word version) be read the third time tomorrow.
Rep. SCOTT asked unanimous consent to recall H. 3145 (Word version) from the Committee on Judiciary.
Rep. ALTMAN objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3516 (Word version) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO ADD TO THE LIST OF CASES OVER WHICH MAGISTRATES HAVE CONCURRENT CIVIL JURISDICTION ACTIONS FOR DAMAGES ARISING FROM A PERSON'S FAILURE TO RETURN LEASED OR RENTED PERSONAL PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE EXPIRATION OF THE LEASE OR RENTAL AGREEMENT, TO PROVIDE SUCH DAMAGES TO BE BASED ON THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY, WHICHEVER IS LESS, AND TO REQUIRE THAT THE LEASE OR RENTAL AGREEMENT SHALL SPECIFY THE MANNER IN WHICH THE CALCULATION OF THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY SHALL BE CALCULATED.
Rep. HARRISON moved to adjourn debate upon the Senate Amendments until Tuesday, February 24, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
Rep. HINSON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
Rep. SCOTT made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
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.
The following Concurrent Resolution was taken up:
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.
Whereas, the Historical Tuskegee Airmen Memorial is located in Colleton County; and
Whereas, this national landmark is an important treasure of South Carolina, which should be advertised so that motorists traveling along Interstate 95 can view and appreciate this memorial; and
Whereas, there is no appropriate signage directing visitors to the Historical Tuskegee Airmen Memorial; and
Whereas, the success of the Historical Tuskegee Airmen Memorial is critically important to preserving and promoting the heritage and culture of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina request that the South Carolina Department of Transportation take appropriate steps to post directional and historical signs and that these signs must be erected in locations on Interstate 95 near Exits 53 and 57, with directional signs at the off-ramp terminations, in Colleton County, which are visible to the motoring public so that they can safely find their way to the "Historical Tuskegee Airmen Memorial".
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. J. BROWN.
The following Bill was taken up:
S. 104 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.
Rep. ALTMAN moved to continue the Bill.
Rep. MACK demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bingham Branham Cato Coates Cotty Davenport Edge Frye Gilham Hagood Harvin Hayes Hinson Huggins Keegan Kirsh Koon Leach Loftis Mahaffey McCraw Merrill Neilson Owens Pinson E. H. Pitts Rice Richardson Rivers Simrill G. M. Smith Stewart Talley Thompson Toole Trotter Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Allen Bales Bowers Breeland G. Brown J. Brown R. Brown Clark Clemmons Clyburn Cobb-Hunter Dantzler Duncan Freeman Gourdine Harrison J. Hines M. Hines Hosey Howard Jennings Kennedy Lee Limehouse Littlejohn Lourie Mack McGee McLeod Moody-Lawrence J. H. Neal Ott Parks Perry Rhoad Rutherford Scott G. R. Smith J. E. Smith J. R. Smith Snow Stille Taylor Townsend Tripp Umphlett Weeks Whipper Wilkins
So, the House refused to continue the Bill.
Rep. ALTMAN moved to adjourn debate on the Bill until Tuesday, February 24.
Rep. RUTHERFORD moved to table the motion, which was agreed to.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\12180AC04):
Amend the bill, as and if amended, by deleting Section 44-34-30(A)(4) on page 3 of the bill and inserting:
/(4) when conducting a procedure, use single-use disposable needles and injection equipment which are designated and sterilely packaged as single-use only, and these needles and injection equipment must never be cleaned or reused in any manner on another client; /
Amend the bill further, by deleting Section 44-34-60(C) on page 5 and inserting:
/ (C) A tattoo artist must verify by means of a picture identification that a recipient is at least eighteen years of age. For purposes of this section, 'picture identification' means:
(1) a valid driver's license; or
(2) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section./
Amend the bill further, by deleting Section 44-34-100 on page 6 and inserting:
/ Section 44-34-100. (A) It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of eighteen years.
(B) The minor upon whom tattooing is performed, or the parent or legal guardian of that minor, or any other minor is not liable for punishment pursuant to this section.
(C) Tattooing may not be performed upon a person impaired by drugs or alcohol. A person impaired by drugs or alcohol is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions.
(D) Tattooing may not be performed on skin surfaces having a rash, pimples, boils, keloids, sunburn, open lesions, infections, or manifest any evidence of unhealthy conditions.
(E) It is unlawful for a tattoo artist to tattoo any part of the head, face, or neck of another person.
(F) A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both.
(G) All licensing fees and monetary penalties collected must be remitted to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter./
Renumber sections to conform.
Amend title to conform.
Rep. MACK explained the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. WHITE moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. MACK moved to table the motion.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Clemmons Clyburn Cobb-Hunter Dantzler Freeman Gourdine Govan Harrell Harvin Hayes Herbkersman J. Hines M. Hines Hosey Howard Kennedy Lee Limehouse Littlejohn Lourie Lucas Mack McLeod Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Perry Rhoad Rutherford Scarborough Skelton F. N. Smith J. E. Smith Stille Taylor Townsend Umphlett Weeks Whipper
Those who voted in the negative are:
Altman Battle Bingham Cato Chellis Clark Coates Cooper Cotty Davenport Duncan Edge Frye Gilham Hagood Harrison Hinson Huggins Keegan Kirsh Koon Leach Loftis Mahaffey McCraw Merrill Owens Pinson E. H. Pitts Quinn Rice Richardson Rivers Sandifer Simrill Sinclair D. C. Smith G. M. Smith G. R. Smith J. R. Smith Snow Stewart Talley Thompson Toole Tripp Trotter Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill.
Rep. MCLEOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Battle Bingham Bowers Cato Chellis Clark Coates Cooper Cotty Davenport Edge Frye Gilham Hagood Harrison Harvin Hinson Huggins Keegan Kirsh Koon Leach Loftis Mahaffey McCraw Merrill Owens E. H. Pitts M. A. Pitts Quinn Rice Richardson Rivers Sandifer Simrill Sinclair D. C. Smith G. M. Smith G. R. Smith J. R. Smith Snow Stewart Talley Thompson Toole Trotter Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bailey Bales Branham Breeland G. Brown J. Brown R. Brown Clemmons Clyburn Cobb-Hunter Dantzler Duncan Freeman Gourdine Govan Harrell Herbkersman J. Hines M. Hines Hosey Howard Kennedy Lee Limehouse Littlejohn Lourie Lucas Mack McLeod Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Perry Pinson Rhoad Rutherford Scarborough Scott Skelton F. N. Smith J. E. Smith Stille Taylor Townsend Tripp Umphlett Weeks Whipper
So, the motion to recommit the Bill was agreed to.
Rep. TROTTER moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., February 19, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 186, S. 731 by a vote of 46 to 0:
(R186) S. 731 (Word version) -- Senator Moore: AN ACT TO AMEND SECTION 50-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING SEASON AND OTHER FISHING REGULATIONS ON SLADE LAKE IN EDGEFIELD COUNTY, SO AS TO FURTHER SPECIFY THESE REGULATIONS AND TO ALSO PROHIBIT THE USE OF NONGAME FISHING DEVICES AND THE POSSESSION OF FIREARMS, GLASS CONTAINERS, AND ALCOHOL AND TO PROHIBIT LITTERING AND THE IMPROPER OPERATION OR PARKING OF MOTOR VEHICLES.
Very respectfully,
President
The Veto on the following Act was taken up:
(R186) S. 731 (Word version) -- Senator Moore: AN ACT TO AMEND SECTION 50-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING SEASON AND OTHER FISHING REGULATIONS ON SLADE LAKE IN EDGEFIELD COUNTY, SO AS TO FURTHER SPECIFY THESE REGULATIONS AND TO ALSO PROHIBIT THE USE OF NONGAME FISHING DEVICES AND THE POSSESSION OF FIREARMS, GLASS CONTAINERS, AND ALCOHOL AND TO PROHIBIT LITTERING AND THE IMPROPER OPERATION OR PARKING OF MOTOR VEHICLES.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Clyburn D. C. Smith
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 4810 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SPRING VALLEY HIGH SCHOOL BOYS' CROSS COUNTRY TEAM ON WEDNESDAY, FEBRUARY 25, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE "VIKINGS" AND THEIR HEAD COACH, JOHN JONES, ON WINNING THE 2003 CLASS AAAA BOYS' CROSS COUNTRY STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION.
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 Spring Valley High School Boys' Cross Country Team on Wednesday, February 25, 2004, at a time to be determined by the Speaker, to congratulate the "Vikings" and their Head Coach, John Jones, on winning the 2003 Class AAAA Boys' Cross Country State Championship and to commend them for their hard work, competitive spirit, and dedication.
The Resolution was adopted.
The following was introduced:
H. 4811 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE WOODLANDS RESORT AND INN, IN SUMMERVILLE, AND ITS STAFF, ALONG WITH MANAGER, MARTY WALL, AND OWNER, JOE WHITMORE, ON ITS UNPRECEDENTED MOBIL TRAVEL GUIDE FIVE STAR RATING AND AAA FIVE DIAMOND TRAVEL RATING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4812 (Word version) -- Reps. Stewart, Clyburn, Perry, D. C. Smith, J. R. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, 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, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE PRESIDENT GEORGE W. BUSH AND THE DEPARTMENT OF ENERGY TO UTILIZE EARLY RETIREMENT INCENTIVES AND VOLUNTARY SEPARATION INCENTIVES WHEN IMPLEMENTING A REDUCTION IN FORCE AT THE SAVANNAH RIVER SITE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4813 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND NANCY RISER ODOM OF SPARTANBURG FOR HER TIRELESS EFFORTS TO BRIGHTEN SPARTANBURG COUNTY, THE STATE, AND THE LIVES OF OTHERS THROUGH GARDENING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4814 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION EXPRESSING THE ENCOURAGEMENT AND SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE BOARDS OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY IN ITS IMPORTANT ENDEAVOR TO REPLACE THE HOSPITAL FACILITIES AT THE MEDICAL UNIVERSITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4815 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ON THE DEATH OF WILLIAM MACK CHAMBLEE OF ANDERSON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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. 4816 (Word version) -- Reps. Duncan, Clemmons, Harrison, M. A. Pitts and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-247 SO AS TO PROVIDE A PROCEDURE FOR THE REMOVAL OF A MEMBER OF A GOVERNING BODY WHO HAS THREE UNEXCUSED ABSENCES FROM REGULARLY SCHEDULED MEETINGS HELD BY THE GOVERNING BODY BECAUSE OF A PHYSICAL OR MENTAL CONDITION AND TO PROVIDE THOSE GOVERNING BODIES TO WHICH THIS PROCEDURE APPLIES.
Referred to Committee on Judiciary
H. 4817 (Word version) -- Reps. Scarborough, Hinson, Merrill and Hagood: A BILL TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL OFFENSE OF SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS FOR EACH VIOLATION AND TO PROVIDE THAT ONE-HALF OF THE FINE MUST BE REMITTED FOR USE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S YOUTH SMOKING PREVENTION PLAN.
Referred to Committee on Judiciary
H. 4818 (Word version) -- Reps. Cato, J. H. Neal, Moody-Lawrence, Lloyd, R. Brown, Emory, Mack, Cobb-Hunter, Govan, Chellis, Whipper, Trotter, Cooper, White, Barfield, Harrison, Sandifer, Thompson, McGee, Merrill, W. D. Smith and Huggins: A BILL TO AMEND SECTION 37-2-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CREDIT SALE, SO AS TO PROVIDE THAT A DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; TO AMEND SECTION 37-3-202, RELATING TO ADDITIONAL CHARGES PERMITTED IN CONNECTION WITH A CONSUMER LOAN, SO AS TO INCLUDE OPEN-END CREDIT PURSUANT TO A LENDER CREDIT CARD OR SIMILAR ARRANGEMENT IN CONFORMANCE WITH OTHER PROVISIONS AND TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN, SO AS TO PROVIDE THAT THE DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; AND TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES TO A CONSUMER LOAN, SO AS TO INCLUDE A CONSPICUOUS NOTICE IN CONFORMITY WITH OTHER LAW AND TO MAKE A TECHNICAL CORRECTION.
Referred to Committee on Labor, Commerce and Industry
H. 4819 (Word version) -- Reps. Govan, Townsend, G. Brown, Clyburn, McLeod, Weeks, Whipper, Moody-Lawrence, Lee, Mack, J. E. Smith, Allen, Branham, Breeland, J. Brown, R. Brown, Clark, Clemmons, Cobb-Hunter, Emory, Gourdine, J. Hines, M. Hines, Hosey, Howard, Littlejohn, Lloyd, Loftis, Mahaffey, J. H. Neal, Parks, Rivers, Rutherford, Scott, Sinclair, F. N. Smith, Snow, Taylor and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
Referred to Committee on Education and Public Works
H. 4820 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 17-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO ADD THAT THE COURT MAY CONSIDER A PATTERN OF CRIMINAL ACTIVITY, WHETHER THE RECORD CONTAINS A VIOLENT OFFENSE AS CONTAINED IN SECTION 16-1-60, AND THE RECOMMENDATION OF THE LAW ENFORCEMENT AGENCY WITH APPROPRIATE JURISDICTION OR THE SOLICITOR'S OFFICE.
Referred to Committee on Judiciary
H. 4821 (Word version) -- Reps. Hayes, Battle, G. Brown, J. Hines and Jennings: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, BY, AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO CLARIFY THAT THERAPEUTICALLY-CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION, TO PROVIDE THAT BY SEPTEMBER 30, 2007, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4822 (Word version) -- Reps. J. Hines, Neilson, Allen, Bales, Breeland, G. Brown, J. Brown, Harvin, M. Hines, Hosey, Rivers and Scott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ELIMINATE THE EXEMPTION FOR RELIGIOUS BOOKSTORE SALES.
Referred to Committee on Ways and Means
H. 4823 (Word version) -- Reps. Harrison, Merrill, Altman, Clemmons, Hagood, Haskins, Jennings, Rutherford, Scott, Simrill, Sinclair, J. E. Smith, Talley and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-47-40 SO AS TO PROVIDE FOR AN AUTOMATIC STAY OF EXECUTION DURING APPELLATE REVIEW OF A JUDGMENT IN A CIVIL ACTION INVOLVING A PARTY TO THE MASTER SETTLEMENT AGREEMENT ENTERED INTO IN CONNECTION WITH THE TOBACCO ESCROW FUND ACT AND TO AMEND SECTION 18-9-130, RELATING TO THE EFFECT OF NOTICE OF APPEAL ON EXECUTION OF JUDGMENT, SO AS TO REFLECT THE AUTOMATIC STAY OF EXECUTION IN THOSE CIRCUMSTANCES.
Referred to Committee on Judiciary
The following was introduced:
H. 4824 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE HOMELAND PARK ELEMENTARY SCHOOL FOR PROVIDING A QUALITY EDUCATION TO STUDENTS IN GRADES KINDERGARTEN THROUGH FIVE IN SOUTHERN ANDERSON COUNTY FOR MORE THAN FIFTY YEARS AND FOR BEING ONE OF EIGHT SCHOOLS TO RECEIVE THE NATIONAL ASSOCIATION OF YEAR ROUND EDUCATORS NATIONAL SCHOOL OF MERIT AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. BATTLE moved to reconsider the vote whereby S. 104 (Word version) was recommitted to the Committee on Medical, Military, Public and Municipal Affairs and the motion was noted.
Rep. COBB-HUNTER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4586 (Word version) -- Reps. M. A. Pitts, Duncan, Merrill, Parks, Pinson and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE LAW ENFORCEMENT STAGING AREA LOCATED ON LAKE GREENWOOD IN LAURENS COUNTY AS THE "DR. JULIUS L. LEARY, JR., LAW ENFORCEMENT STAGING AREA" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.
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.
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.
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.
H. 4768 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE RED CROSS OF BAMBERG COUNTY, ESPECIALLY VOLUNTEERS BETH PREGNALL, GENIE BELLAMY, AND BIG LOTS STORE FOR THEIR HARD WORK AND DEDICATION IN MAKING THE RED CROSS "TOYS FOR TOTS" CHRISTMAS TOY DRIVE SUCH A SUCCESS.
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.
H. 4808 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. C. MORRISON FARISH OF DARLINGTON COUNTY FOR OVER TWENTY YEARS OF DEDICATION TO PEDIATRIC MEDICINE IN THE STATE OF SOUTH CAROLINA AND TO WISH HIM MUCH SUCCESS AND HAPPINESS AS HE CONTINUES TO PROVIDE MEDICAL CARE TO CHILDREN IN THE PEE DEE AREA.
At 11:45 a.m. the House, in accordance with the motion of Rep. CLEMMONS, adjourned in memory of F. Gary Todd of Myrtle Beach, to meet at 10:00 a.m. tomorrow.
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