Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Proverbs 3:3: "Let love and faithfulness never leave you; bind them around your neck, write them on the tablet of your heart."
Let us pray. Mighty God, help us to be aware of Your powerful presence as we assemble to carry out the work You and Your people have sent us to do. Give us courage and give us wisdom in these days to do the people's work. We call on You for blessing and kindness among us. Guard and guide each of these, Your people as they strive to do their best. Bless and preserve our State and Nation and her leaders. Keep our defenders of freedom safe. Hear us in prayer. 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. J. BROWN moved that when the House adjourns, it adjourn in memory of Albert Gantt, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4823 (Word version) -- Reps. Harrison, Merrill, Altman, Clemmons, Hagood, Haskins, Jennings, Rutherford, Scott, Simrill, Sinclair, J. E. Smith, Talley, Taylor and Delleney: 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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 154 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4165 (Word version) -- Reps. Lourie, J. E. Smith and Rivers: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE BOARD OF EDUCATION, SO AS TO ADD A NONVOTING MEMBER TO BE APPOINTED BY THE GOVERNOR TO REPRESENT THE MILITARY COMMUNITY.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4539 (Word version) -- Rep. Walker: A BILL TO REPEAL SECTION 59-18-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING STUDENT AND SCHOOL PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE LEVELS UNDER THE EDUCATION ACCOUNTABILITY ACT.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4572 (Word version) -- Reps. Battle, M. Hines, Richardson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-694 SO AS TO DESIGNATE THE SOUTH CAROLINA TOBACCO MUSEUM IN THE CITY OF MULLINS AS THE OFFICIAL TOBACCO MUSEUM OF THE STATE.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4872 (Word version) -- Rep. Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2157 SO AS TO PROVIDE THAT A COMMERCIAL DRIVER'S LICENSE MUST BE SUSPENDED IF ITS HOLDER IS ARRESTED FOR OR FOUND GUILTY OF CERTAIN CRIMINAL ACTIVITY.
Referred to Committee on Education and Public Works
H. 4873 (Word version) -- Reps. Clemmons, Davenport, Keegan, G. R. Smith, Vaughn, Viers and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-35-660 SO AS TO PROVIDE FOR THE REVOCATION OF A LICENSE OF A PERSON WHO FAILS TO SATISFY A PERSONAL JUDGMENT AFTER ONE YEAR HAS PASSED SINCE ITS EXECUTION AND TO DEFINE THE TERM "LICENSE".
Referred to Committee on Judiciary
H. 4874 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 42-9-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSIGNMENT OF COMPENSATION CLAIMS UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO ESTABLISH PENALTIES FOR LATE PAYMENT OF CHARGES FOR HEALTH CARE GOODS OR SERVICES AND TO PROVIDE THAT PAYMENT MAY BE MADE DIRECTLY TO THE PROVIDER RATHER THAN TO THE CLAIMANT.
Referred to Committee on Labor, Commerce and Industry
H. 4875 (Word version) -- Reps. Clemmons and Keegan: A BILL TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED.
Referred to Committee on Judiciary
H. 4877 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO INCLUDE PERSONS WHO ARE DETERMINED TO BE TOTALLY DISABLED UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION SYSTEM WITHIN THE LIST OF TOTALLY DISABLED PERSONS WHO MAY OBTAIN STATEWIDE HUNTING AND FISHING LICENSES AT NO COST.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4878 (Word version) -- Reps. Kirsh and Cato: A BILL TO AMEND SECTION 40-8-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF PERPETUAL CARE CEMETERIES, SO AS TO PROVIDE THAT THE LICENSURE FEE MUST BE BASED UPON THE NUMBER OF ANNUAL INTERNMENTS, RATHER THAN A FLAT LICENSURE FEE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4879 (Word version) -- Reps. Breeland, Whipper, R. Brown, Gourdine, J. Hines, Hosey, Kennedy, Moody-Lawrence and Weeks: A BILL TO AMEND SECTION 56-3-7750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRATERNITY AND SORORITY SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST RELEASE THE NAMES AND ADDRESSES OF INDIVIDUALS WHO HAVE BEEN ISSUED A SPECIAL LICENSE PLATE TO ITS SPONSOR UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Education and Public Works
H. 4880 (Word version) -- Reps. E. H. Pitts, Frye and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROHIBIT EXPENDING STATE APPROPRIATED FUNDS IN CONNECTION WITH THE NAMING OF A BUILDING, PART OF A BUILDING, OR PART OF THE STATE HIGHWAY SYSTEM FOR A STATE OFFICER IF THE PERSON TO BE HONORED IS LIVING AND HAS OCCUPIED A STATE OFFICE WITHIN FIVE YEARS OF THE TIME OF THE NAMING AND TO PROVIDE APPLICABLE DEFINITIONS.
Referred to Committee on Ways and Means
H. 4883 (Word version) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 25 AND 26, 2004, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON 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. LUCAS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4884 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4885 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL CERTIFICATION AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4886 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2879, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4887 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO END-OF-COURSE TESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2880, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4888 (Word version) -- Reps. Cooper, Anthony, Hayes, Harrell, Kirsh and Townsend: A BILL TO AMEND SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNINGS LIMIT APPLICABLE TO RETIREES OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT AND THE MINIMUM TIME THE RETIREE MUST BE RETIRED BEFORE RETURNING TO COVERED EMPLOYMENT WITHOUT AFFECTING THE RETIREE'S RETIREMENT BENEFIT, SO AS TO ELIMINATE THE EARNINGS LIMITATION AND REDUCE THE MINIMUM RETIREMENT PERIOD THAT A RETIREE MUST BE RETIRED BEFORE RETURNING TO COVERED EMPLOYMENT WITHOUT AFFECTING THE RETIREE'S RETIREMENT BENEFIT FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS, TO AMEND SECTION 9-1-2210, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI), SO AS TO CLOSE THE PROGRAM FOR PERSONS RETIRING AFTER JUNE 30, 2004, AND CLARIFY THAT PERSONS MUST TERMINATE EMPLOYMENT AT THE END OF THE TERI PERIOD, AND TO REPEAL ARTICLE 1, CHAPTER 9, TITLE 9 OF THE 1976 CODE, THE TERI PROGRAM, EFFECTIVE JULY 1, 2009.
Referred to Committee on Ways and Means
The following was introduced:
H. 4876 (Word version) -- Reps. Neilson, Lucas and J. Hines: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ELLEN TOLLISON HAYDEN FOR HER LASTING COMMITMENT TO EDUCATION UPON HER RETIREMENT AS THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS ON JANUARY 31, 2004, AND TO EXTEND TO HER BEST WISHES IN ALL OF HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4881 (Word version) -- Reps. Bales and Neilson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, FACULTY, AND REPRESENTATIVES OF THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES AND THE GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS ON THURSDAY, MARCH 11, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEM FOR THEIR ACCOMPLISHMENTS AND FOR THE PURPOSE OF A PERFORMANCE BY THE CHORUS OF THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4882 (Word version) -- Reps. Cooper, Thompson, Townsend and White: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF STATE HIGHWAY 88 IN ANDERSON COUNTY FROM STATE HIGHWAY 81 TO U.S. HIGHWAY 178 AS THE "KIMBERLY HAMPTON MEMORIAL HIGHWAY" IN HONOR OF THE LATE CAPTAIN KIMBERLY HAMPTON OF EASLEY WHO LOST HER LIFE IN IRAQ WHILE PILOTING A HELICOPTER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bales Barfield Battle Bingham Bowers Branham Breeland R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman 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 Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Rivers Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, March 3.
Walton McLeod Chip Huggins Joe Brown James E. Smith Denny Neilson Bessie Moody-Lawrence James E. Stewart Douglas Jennings Ralph Davenport George Bailey John Scott Todd Rutherford Grady Brown Alex Harvin
Reps. SIMRILL, W. D. SMITH, COTTY and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 2.
Announcement was made that Dr. Andrew Pate of Daniel Island is the Doctor of the Day for the General Assembly.
Rep. R. BROWN and the Charleston Delegation presented to the House Dr. Vashti K. Washington, Principal of Mt. Zion Elementary School, for being named "Rural Educator of the Year for 2002-2003".
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. 4475 (Word version)
Date: ADD:
03/03/04 HARVIN
Bill Number: H. 4271 (Word version)
Date: ADD:
03/03/04 CLEMMONS
Bill Number: H. 4081 (Word version)
Date: ADD:
03/03/04 CLEMMONS
Bill Number: H. 3689 (Word version)
Date: ADD:
03/03/04 CLEMMONS
Bill Number: H. 4238 (Word version)
Date: ADD:
03/03/04 HARRELL
Bill Number: H. 4765 (Word version)
Date: REMOVE:
03/03/04 THOMPSON
Bill Number: H. 4739 (Word version)
Date: REMOVE:
03/03/04 BALES
Rep. Harrell moved that H.4925, the General Appropriation Bill for Fiscal Year 2004-2005, be set for Special Order on Tuesday, March 9, 2004, immediately after roll call and immediately after roll call every day thereafter, and continue each day until given a second reading, which was agreed to.
Rep. Harrell moved that H.4925 be set for Special Order for third reading immediately after second reading, and immediately after roll call every day thereafter, and continue each day thereafter until given a third reading, which was agreed to.
Rep. Harrell moved that while debating H.4925, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.
Rep. Harrell moved that when the House adjourns tomorrow (Thursday) that it adjourn to meet in local session on Friday, March 5th to convene at 10:00 a.m., Tuesday, March 9, 2004, in Statewide Session, which was agreed to.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M. A. Pitts, Viers, Martin and Miller: 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.
H. 4413 (Word version) -- Reps. Cato, Vaughn, Cotty, Leach and Hinson: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.
H. 4615 (Word version) -- Reps. Owens, Anthony, Cato, Loftis, Rice, Sandifer, Duncan, Simrill, Hamilton, Leach, Littlejohn, Mahaffey, McCraw, McLeod, Moody-Lawrence, M. A. Pitts, Phillips, Skelton, Stille, Taylor, Vaughn and Whitmire: A BILL TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE EXTENSION OF CONTRACTS TO BUY POWER BEYOND THE ORIGINAL FIFTY-YEAR LIMIT WHEN THE DATE OF OPERATION OF THE ELECTRICAL UTILITY AGENT IS EXTENDED BY ALL AGENCIES HAVING JURISDICTION OVER SUCH AN EXTENSION.
H. 4573 (Word version) -- Reps. Vaughn and Altman: A JOINT RESOLUTION TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DUTIES, AND TERM OF THE COMMERCIAL MOBILE RADIO SERVICE (CMRS) EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO INCREASE ITS TERM OF EXISTENCE TO AUGUST 1, 2007.
H. 3702 (Word version) -- Reps. White, Hosey, Bowers, G. Brown, Chellis, Clark, Duncan, Hagood, Herbkersman, Leach, McGee, Owens, Pinson, E. H. Pitts, M. A. Pitts, Richardson, Rivers, Sandifer, Sinclair, Taylor, Tripp, Trotter, Umphlett, Whitmire, Young, Coates and Delleney: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE FOR THE RIGHT OF THE PEOPLE TO HUNT, FISH, AND TAKE GAME.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. DELLENEY having the floor:
S. 390 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF CHILDREN'S TRUST FUND, SO AS TO ALLOW THE FUND'S BOARD TO AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; SECTION 20-7-5030, RELATING TO THE POWERS AND DUTIES OF THE FUND'S BOARD OF TRUSTEES, SO AS TO ALLOW THE FUND'S BOARD TO ASSESS NEEDS, SOLICIT PROPOSALS, AND AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; AND SECTION 20-7-5050, RELATING TO THE LIMITATION ON THE AMOUNT OF CHILDREN'S TRUST FUND REVENUES WHICH MAY BE DISBURSED, SO AS TO REMOVE THIS LIMITATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20999SD04), which was adopted:
Amend the bill, as and if amended, in subsection (A) of Section 20-7-5010 of the 1976 Code, as contained in SECTION 1, by adding after /organizations / on line 36, page 1, /and qualified state agencies /.
When amended subsection (A) of Section 20-7-5010 shall read:
"(A) There is established the Children's Trust Fund of South Carolina, an eleemosynary corporation, the resources of which must be used to award grants to private nonprofit organizations and qualified state agencies in order to shall stimulate a broad range of innovative:
(1) child abuse and neglect prevention programs to meet critical needs of South Carolina's children; or
(2) programs that enhance or promote the adoption of special needs children in state custody through the awarding of grants to private nonprofit organizations."
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY continued speaking.
The amendment was then adopted.
Rep. DELLENEY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4081 (Word version) -- Reps. Edge and Clemmons: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT AN ENGINEER, ARCHITECT, OR LANDSCAPE ARCHITECT WHO PERFORMS OR PROVIDES PROFESSIONAL SERVICES FOR THE IMPROVEMENT OF REAL ESTATE IS CONSIDERED TO HAVE FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE, AND TO FURTHER PROVIDE THAT, UNDER CERTAIN CONDITIONS, A REAL ESTATE BROKER WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.
Rep. BINGHAM explained the Bill.
Reps. LITTLEJOHN, RIVERS, SINCLAIR, J. E. SMITH, KENNEDY, G. M. SMITH, DAVENPORT, CATO, BINGHAM, EDGE, J. BROWN, HUGGINS, HINSON, MERRILL, CLYBURN and SANDIFER requested debate on the Bill.
Rep. WILKINS arose to a Point of Privilege of the House.
I regret having to come before you today in this manner. It's not something I take lightly - but as your Speaker and a proud member of this House for almost 24 years - I feel the awesome responsibility of protecting the integrity and character of this sacred body.
When an incident occurs like the one that happened last Thursday, it does damage to this body and is a discredit to each of you.
We all know the legislative arena is not an easy place. It's full of potholes, a place fueled by a passionate commitment to ideals and the desire to serve. Frustration and disappointment can cause tempers to flare.
But the folks who elected us and the school children who fill that balcony each day to watch their government in action expect us to be leaders. They expect us to demonstrate what it means in word and action, to disagree without being disagreeable.
We failed them miserably last week - because the bottom line for all of you who care about this institution and the integrity of this House is this: Never is there ANY excuse for a member of this body to mistreat, abuse, or physically accost another member, ever. Period.
And if I never accomplish another thing as Speaker of this House, I want to make sure an incident like this never happens again.
I have spoken with no less than seven witnesses and feel certain that I have a pretty good understanding of what happened in Chairman Harrison's office last Thursday.
I have asked the offending member a number of times to make a statement of regret and apology for his actions, so we could put this incident behind us.
He has refused.
In doing so he has left me few options. As leader of this House, I am unwilling to let this matter go while it festers and contaminates the entire membership.
So where do we go from here?
Under House rules, one recourse is to file a complaint with the House Ethics Committee, where the matter could be thoroughly investigated and if deemed appropriate suitable punishment could be determined.
But that action would only prolong this matter and wouldn't heal any wounds. And most importantly Mr. Harrison has asked me NOT to do that.
So that option will not be exercised at this time.
Another option is to move that member off that committee to minimize future contact and that option will continue to be considered.
But what I am going to do is ask you to give me the tools I can use to properly enforce decorum and sanction members for unbecoming inappropriate conduct so matters like this can be dealt with swiftly and without a lot of fanfare.
I'm not sure exactly what that entails at this moment but it will be about enforcing codes of respect and dignity for every single member of this body.
And there's something else I'm asking all of you to do right now. Dig down deep inside yourselves and whether you like or dislike someone, agree or disagree with someone, make a commitment this day to treat every single member of this body exactly the way you'd like to be treated.
Because you know what? At the end of the day it's really not about you or about us. Or about the Bills we passed or the speeches we made. The only thing you'll ever be remembered for is your character.
It's the only thing you take with you when you go.
And while we're here together - respect and kindness, they're really the only gifts we can give each other. And they don't cost a dime out of our budget!
No one expects us to vote the same way. There'd be no reason for the body to exist in that case. But it is absolutely imperative that we never have a repeat performance of last Thursday's incident.
Such conduct cannot and will not be tolerated.
The legislative process doesn't work by itself. It has to be nurtured and cared for - and when it operates at its best, we all feel like we have a stake in it.
I know what it's like to be in the minority. When I was elected to the House in 1980, I was one of only 18 Republicans out of 124 members. So believe me - I understand frustration.
I've had some wonderful talks with people like Gilda Cobb-Hunter, Joe Neal, Leon Howard, and David Mack in the last few days and we've made a commitment to bring different folks together at the table, to explore ideas face to face at regular meetings.
Most importantly to keep the dialogue open.
I know all of you love this institution. It is my hope that no one who is a member of this body takes pride in last Thursday's incident.
I hope you will join me in condemning it, regretting it, and working with me in doing everything in your power to make sure that's the last time such an incident occurs in this body.
It simply cannot and will not be tolerated. We're better than that. And we owe it to one another to be bigger than that.
All of you, this State we all love, and the citizens we serve with such pride, deserve so much more than they received last Thursday.
I ask each of you to make this body's honor your own. Guard it and protect it as sacred.
Treat this House and your colleagues with the respect and dignity they so richly deserve.
Thank you.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4642 (Word version) -- Reps. Skelton, Cotty, Loftis, Sinclair, Cato, Simrill, Hayes, Barfield, Limehouse, Whipper, Altman, Anthony, Bailey, Battle, Bingham, Bowers, G. Brown, Ceips, Clark, Davenport, Duncan, Emory, Freeman, Hamilton, Harrell, Harrison, Herbkersman, J. Hines, M. Hines, Keegan, Kirsh, Leach, Mahaffey, Martin, Owens, Perry, Pinson, E. H. Pitts, Rice, Richardson, Scarborough, D. C. Smith, G. M. Smith, G. R. Smith, Stewart, Taylor, Toole, Trotter, Viers, White, Whitmire, Witherspoon, Young, Clemmons and Coates: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS INCLUDING THE STATE CAPITOL BUILDING SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY".
Rep. SINCLAIR explained the Bill.
H. 4844 (Word version) -- Reps. Richardson, Delleney, Emory, Kirsh, McCraw, Moody-Lawrence and Simrill: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN YORK COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
H. 4851 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING FREESTANDING OR MOBILE TECHNOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MACK explained the Joint Resolution.
S. 787 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTIONS 11-15-590, 11-21-60, AS AMENDED, 11-41-150, 41-43-110, AS AMENDED, 57-11-380, 59-71-180, 59-107-170, AND 59-146-140, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ALL RELATING TO THE USE OF BOND SALE PROCEEDS FOR GENERAL OBLIGATION BONDS ISSUED BY THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE UNDER THE VARIOUS AUTHORIZING STATUTES, SO AS TO ELIMINATE THE REQUIREMENT THAT BOND PREMIUMS BE APPLIED ONLY TO THE FIRST INSTALLMENT OF PRINCIPAL DUE.
Rep. HARRELL explained the Bill.
H. 4871 (Word version) -- Reps. Witherspoon, Viers, Barfield, Clemmons and Keegan: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE A CERTAIN VOTING PRECINCT IN HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The SPEAKER granted Rep. J.M. Neal a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 4720 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 26, SO AS TO ENACT THE UNIFORM ELECTRONIC TRANSACTIONS ACT, PROVIDING FOR DEFINITIONS, LEGAL EFFECT AND ENFORCEABILITY OF AN ELECTRONIC RECORD AND SIGNATURE, CHANGES OR ERRORS IN TRANSMISSION OF AN ELECTRONIC RECORD, COMPLIANCE OF AN ELECTRONIC RECORD OR SIGNATURE WITH OTHER LAWS AFFECTING VALIDITY OR RETENTION OR RECEIPT OF A RECORD OR SIGNATURE, USE OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, PROMULGATION OF REGULATIONS BY THE BUDGET AND CONTROL BOARD TO ENHANCE THE UTILIZATION OF ELECTRONIC RECORDS AND SIGNATURES, AND DEVELOPMENT BY THE SECRETARY OF STATE OF MODEL PROCEDURES AND PROMULGATION OF REGULATIONS FOR SECURE ELECTRONIC TRANSACTIONS, INCLUDING LICENSING OF THIRD PARTIES; TO MAKE THE COMPUTER CRIME ACT APPLICABLE TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AND TO REPEAL CHAPTER 5 OF TITLE 26, THE SOUTH CAROLINA ELECTRONIC COMMERCE ACT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1886MM04), which was adopted:
Amend the bill, as and if amended, Section 26-6-30(B) as found in SECTION 1, page 3, lines 36-42, by deleting the subsection in its entirety and inserting:
/ (B) This chapter does not apply to a transaction:
(1) to the extent the transaction is governed by:
(a) a law governing the creation and execution of wills, codicils, or testamentary trusts; or
(b) The Uniform Commercial Code, other than Sections 36-1-107 and 36-1-206, Chapter 2 of Title 36, and Chapter 2A of Title 36; or
(2) in connection with an order for prescription drugs. /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4657 (Word version) -- Reps. Haskins, Pinson, Duncan, Vaughn, Altman, Dantzler, Davenport, Hamilton, Leach, M. A. Pitts, Taylor, Walker, Wilkins, Young, Mahaffey, Coates, Hagood, Owens, Rice, Sandifer, Simrill, G. M. Smith, Whitmire, Toole and Talley: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.
Reps. SCOTT, J. H. NEAL, RUTHERFORD, KENNEDY, COBB-HUNTER, J. E. SMITH, HOSEY, JENNINGS and WHIPPER requested debate on the Bill.
The following Bill was taken up:
H. 4399 (Word version) -- Rep. McLeod: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO UPDATE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO DELETE OBSOLETE PROVISIONS, TO REVISE CRIMINAL PENALTIES, TO PROVIDE FOR CIVIL FINES, AND TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE ARE CONTINGENT UPON THE APPROPRIATION OR AVAILABILITY OF FUNDS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12239AC04), which was adopted:
Amend the bill, as and if amended, Section 44-53-1320(3), page 2, line 14 by deleting /primary residence, secondary residence,/. So when amended Section 44-53-1320(3) reads:
/ (3) 'Child care facility' means a structure or portion of a structure in which children are present on a regular basis, including a structure used as a school, nursery, childcare facility, or other facility catering to the needs of children, including an outbuilding, fencing, or other structure used in conjunction with the structure.
Amend the bill further, Section 44-53-1320(5) page 2, line 21 by deleting /an/ and inserting /a primary residence, secondary residence,/. So when amended Section 44-53-1320(5) reads:/
/(b)(5) 'Dwelling' means a structure, all or part of which is designed or used for human habitation, including any a primary residence, secondary residence, outbuilding, fencing, or other structure used in conjunction therewith with the structure.
Amend the bill further, Section 44-53-1390, page 6, line 36 by deleting /, and with the consent of the householder or his agent/ and inserting /and with the consent of the householder or his agent,/. So when amended Section 44-53-1390 reads:
/Section 44-53-1390. When the department is informed notified of a case of lead poisoning case, pursuant to Sections 44-53-1360 and 44-53-1380, or otherwise, any authorized representative of the department, upon presentation of the appropriate credentials to the householder and with the consent of the householder or his agent, may enter and inspect a private a dwelling, dwelling unit, or childcare facility at reasonable times and in a reasonable manner for the purpose of ascertaining the presence of lead base substances conducting a lead-based hazard investigation and may remove samples of objects necessary for laboratory analysis. If the householder refuses admission to the premises, the inspector department shall may obtain an inspection warrant before he can inspect administrative warrant from a court of competent jurisdiction to investigate the premises. This section also applies to secondary residences and any other premises routinely occupied by the child.
Upon the request of any occupant, the director or his representative shall cause to have the occupant's premises inspected within a reasonable time, not to exceed ten days, unless systematic inspection of the areas in which the person requesting the inspection resides is scheduled within thirty days, in which case the inspection may be deferred up to twenty additional days. /
Amend the bill further, by deleting Section 44-53-1400(1), on page 7 and inserting:
/(1) A judge or magistrate of a court having jurisdiction where the investigation is to be conducted, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting investigations authorized by this article or regulations promulgated pursuant to this article and removing samples of objects from the premises appropriate to the investigations. For the purpose of this section, 'probable cause' exists when the circumstances indicate there is reason to believe a child has been exposed or is at risk of being exposed to a lead-based hazard at the premises specified in the warrant./
Renumber sections to conform.
Amend title to conform.
Rep. MACK explained the amendment.
The amendment was then adopted.
Reps. LOFTIS and DAVENPORT requested debate on the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. RICHARDSON and ANTHONY withdrew their requests for debate on H. 4723 (Word version); however, other requests for debate and an objection remained on the Bill.
Upon the withdrawal of requests for debate by Reps. LEACH, F. N. SMITH, G. R. SMITH and VAUGHN, the following Bill was taken up:
H. 4420 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-125 SO AS TO PROVIDE THAT FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, A NEW EMPLOYING UNIT MUST NOT BE ASSIGNED A DISCRETE EMPLOYER NUMBER WHEN THERE IS AN ACQUISITION OR CHANGE IN THE FORM OF THE ORGANIZATION OF AN EXISTING BUSINESS ENTERPRISE WITH CONTINUITY OF CONTROL, AND TO PROVIDE DEFINITIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\ 22465HTC04), which was adopted:
Amend the bill, as and if amended, by striking Section 41-31-125 as contained in SECTION 1, and inserting:
/ Section 41-31-125. (A) Notwithstanding the provisions of Sections 41-31-100 and 41-31-120, an employing unit must be assigned all or a portion of the employment benefit record of an existing employing unit when there is an acquisition or change in the form or organization of an existing business enterprise, or severable portion thereof, and there is a continuity of control of the business enterprise. The employing unit must be assigned the same rate as the predecessor, or the predecessor who has the highest base rate if there is more than one predecessor employing unit with different base rates.
(1) For purposes of this section control of the business enterprise may occur by means of ownership of the organization conducting the business enterprise, ownership of assets necessary to conduct the business enterprise, security arrangements or lease arrangements covering assets necessary to conduct the business enterprise, including workers, or a contract when the ownership, stated arrangements, or contract provide for or allow direction of the internal affairs or conduct of the business enterprise.
(2) For purposes of this section continuity of control exists if one or more persons, entities, or other organizations controlling the business enterprise remain in control of the business enterprise after an acquisition or change in form or there is a transfer to persons within the first degree of kinship to the transferors. Evidence of continuity of control includes, but is not limited to, changes of an individual proprietorship to a corporation, partnership, limited liability company, association, or estate; a partnership to an individual proprietorship, corporation, limited liability company, association, estate, or the addition, deletion, or change of partners; a limited liability company to an individual proprietorship, partnership, corporation, association, estate, or to another limited liability company; a corporation to an individual proprietorship, partnership, limited liability company, association, estate, or to another corporation or from any form to another form.
(B) An employing unit must not be assigned any portion of the employment benefit record of an existing employing unit upon the acquisition of that established business or of an identifiable and segregable part thereof if:
(1) the acquiring person was not otherwise an employer at the time of the acquisition;
(2) the person has no substantial commonality of interest, including ownership or management, in the business acquired; and
(3) the commission finds that the person acquired the business or an identifiable and segregable part thereof solely or primarily for the purpose of obtaining a lower rate of contributions.
(C) If the experience rating account of the predecessor employer contains a debit balance, defined as an excess of total benefits charged over total contributions paid, the experience rating account of the predecessor employer in any event must be transferred to the successor employer in accordance with the provisions of Section 41-31-140.
(D) An employing unit that willfully attempts to violate the provisions of this Section must be assessed a penalty in an amount equal to the greater of one hundred dollars or ten percent of the tax determined by the commission to be due for each report that is submitted in violation of this section. This penalty may be recovered in the manner provided in Article 3 of this chapter for the collection of other penalties. Officers and directors of the enterprise comprising the employing unit are individually liable for the penalties assessed pursuant to this paragraph.
A contribution tax return preparer who violates this section or provides advice to an employing unit that results in a willful violation of the provisions of this section is liable to a penalty of not less than one hundred dollars nor more than one thousand dollars for each report submitted in violation of this section. This penalty may be recovered by the commission in an appropriate civil action in any court of competent jurisdiction.
As used in this section, a 'contribution tax return preparer' is a person who prepares for compensation, or who employs one or more persons to prepare for compensation, any contribution and wage report or report of change in the status of an employing unit required by this chapter or any claim for credit for a tax imposed by this chapter. For purposes of this definition, the completion of a substantial portion of a report is treated as the preparation of the entire report. The term does not include a person merely because the person furnishes typing, reproducing, or other mechanical assistance, prepares a report of the employer, or an officer or employee of the employer, by whom the person is regularly and continuously employed, prepares as a fiduciary a report for any person, or represents a taxpayer in a hearing regarding an issue arising under this chapter. /
Renumber sections to conform.
Amend title to conform.
Rep. RICHARDSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Upon the withdrawal of an objection and requests for debate by Reps. BAILEY, KIRSH, MOODY-LAWRENCE and DAVENPORT, the following Bill was taken up:
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.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22500HTC04), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 12-28-2740 of the 1976 Code, as last amended by Act 293 of 2002, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) The legislative delegation of the county, by resolution, may rename the county transportation committee established by this section as the (insert name of county) Legislative Delegation transportation committee. Upon the adoption of such a resolution, all references in this section and any other provisions of law to the county transportation committee, for purposes of that county, are deemed references to that county's legislative delegation transportation committee." /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH 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. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 4733 (Word version) -- Reps. Davenport and Littlejohn: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
Rep. SCARBOROUGH asked unanimous consent to recall S. 719 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
On motion of Rep. LUCAS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 4406 (Word version) -- Reps. Ott, Lucas, Hayes, McLeod, Hosey, Barfield, Coates, Allen, Anthony, Bales, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Ceips, Clark, Clyburn, Cooper, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Hagood, Harrell, J. Hines, Hinson, Jennings, Keegan, Kennedy, Koon, Leach, Lee, Littlejohn, Lloyd, Mahaffey, Martin, McCraw, McGee, Merrill, Moody-Lawrence, J. M. Neal, Neilson, Owens, Parks, Pinson, E. H. Pitts, Quinn, Rice, Rivers, Sheheen, Sinclair, Skelton, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Taylor, Toole, Townsend, Tripp, Trotter, Walker, Weeks, Whitmire, Witherspoon and Young: A BILL TO AMEND SECTIONS 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING AND CAMPAIGN PRACTICES, BOTH SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON REPRESENTATION OF PERSONS RESIDING OUTSIDE OF A MAJOR METROPOLITAN AREA.
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 moved to adjourn debate on the Senate Amendments.
Rep. CATO moved to table the motion.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Barfield Bingham Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Gilham Hagood Harrell Harvin Haskins Hayes Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mahaffey Martin McCraw McGee Merrill Miller Neilson Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Stille Talley Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Bowers Breeland R. Brown Clyburn Cobb-Hunter Coleman Gourdine J. Hines M. Hines Hosey Howard Jennings Kennedy Lloyd McLeod Moody-Lawrence Parks Rhoad Rivers Rutherford Scott F. N. Smith J. E. Smith Weeks Whipper
So, the motion to adjourn debate was tabled.
Rep. CATO proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21030SD04), which was adopted:
Amend the bill, as and if amended, by striking Section 41-1-110 of the 1976 Code, as contained in SECTION 1 and inserting:
/ Section 41-1-110. It is the public policy of this State that a handbook, personnel manual, policy, procedure, or other document issued by an employer or its agent after June 30, 2004, shall not create an express or implied contract of employment if it is conspicuously disclaimed. For purposes of this section, a disclaimer in a handbook or personnel manual must be in underlined capital letters on the first page of the document and signed by the employee. For all other documents referenced in this section, the disclaimer must be in underlined capital letters on the first page of the document. Whether or not a disclaimer is conspicuous is a question of law. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following House Resolution was taken up:
H. 4834 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT NO PERMANENT LAW, I.E., PART II'S, SHOULD BE INCLUDED IN THE GENERAL APPROPRIATIONS BILL FOR FISCAL YEAR 2004-2005, WHEN THE BILL IS UNDER CONSIDERATION IN THE HOUSE BEGINNING THE WEEK OF MARCH 8, 2004.
Whereas, Fiscal Year 2004-2005 promises to be an extraordinarily difficult year for many important and worthwhile state programs because of agency base budget reductions; and
Whereas, the long established practice of adding new permanent law, i.e., Part II's, in what should be a temporary spending measure has sometimes had the effect of increasing appropriations above what they would otherwise be if the permanent law measure had been fully vetted and debated in the committee process; and
Whereas, in this year of base budget cuts it is essential that the House of Representatives take no action that would require increased overall appropriations because of legislation that considered in isolation could not pass the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, express the sense of the House of Representatives that no permanent law, i.e., Part II's, should be included in the general appropriations bill for Fiscal Year 2004-2005, when the bill is under consideration in the House beginning the week of March 8, 2004.
Rep. HARRELL explained the Resolution.
The question then recurred to the adoption of the Resolution.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Huggins Jennings Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Scott Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Resolution was adopted.
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4830 (Word version) -- Reps. Littlejohn, Talley, Sinclair and W. D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 176 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH COUNTRY CLUB ROAD TO THE SPARTANBURG COUNTY-UNION COUNTY LINE IN HONOR OF RETIRED SOUTH CAROLINA SUPREME COURT CHIEF JUSTICE CAMERON BRUCE LITTLEJOHN, AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STRETCH OF HIGHWAY CONTAINING THE WORDS "BRUCE LITTLEJOHN BOULEVARD".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4862 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2004.
On motion of Rep. JENNINGS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4862 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2004.
Be it resolved by the House of Representatives, the Senate concurring:
That by this resolution, the members of the General Assembly request the Department of Public Safety to waive the motor vehicle titling, licensing, and registration requirements of Title 56 of the Code of Laws of South Carolina, 1976, on cars provided by an automobile manufacturer for promotional purposes in connection with nationally-sponsored NASCAR racing events held in this State in 2004.
Be it further resolved that this waiver must extend to no more than thirty-five cars by a single manufacturer for a period not to exceed twenty-one days per race and that this waiver does not extend to the financial responsibility or insurance coverage requirements for operating a motor vehicle on the public roads of this State.
Be it further resolved that the Department of Public Safety shall prescribe an appropriate means of identification instead of the licensing and registration requirements otherwise applicable.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4889 (Word version) -- Reps. Miller, J. E. Smith and Lourie: A CONCURRENT RESOLUTION TO EXPRESS CONCERN WITH PROVISIONS OF THE FEDERAL NO CHILD LEFT BEHIND LEGISLATION AND TO URGE CONGRESS TO REVIEW AND MODIFY THE NO CHILD LEFT BEHIND LEGISLATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4890 (Word version) -- Reps. Barfield, Cotty, Viers, Toole, Clark, Rutherford, J. Brown, Ceips, Clemmons, Frye, Gilham, J. Hines, Keegan, Lloyd, Mahaffey, Moody-Lawrence, Rice, Simrill, G. R. Smith, Stille, Taylor, Vaughn and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND TAIWAN ON ITS FULL-FLEDGED DEMOCRACY, ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND TO SUPPORT ITS EFFORTS TO JOIN THE UNITED NATIONS, THE WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4891 (Word version) -- Reps. Duncan, Taylor, Pinson, Allen, Leach, Neilson, Parks and M. A. Pitts: A HOUSE RESOLUTION TO EXPRESS CONCERN WITH PROVISIONS OF THE FEDERAL NO CHILD LEFT BEHIND LEGISLATION AND TO URGE CONGRESS TO REVIEW AND MODIFY THE NO CHILD LEFT BEHIND LEGISLATION.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4892 (Word version) -- Reps. Stille, Clark, Coates, Dantzler, Duncan, Herbkersman, Hosey, Kirsh, Leach, Limehouse, McGee, Miller, Pinson, Rice, Sandifer, Simrill, Snow, Taylor, Vaughn, Weeks and Wilkins: A BILL TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.
Referred to Committee on Judiciary
H. 4893 (Word version) -- Reps. Edge, Sandifer, Huggins, E. H. Pitts, Bales, Clark, Bailey, Ceips, Coates, Hayes, Herbkersman, Jennings, Littlejohn, Loftis, Simrill, G. R. Smith and Tripp: A BILL TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, POLICIES, AND RECORDKEEPING, SO AS, AMONG OTHER THINGS, TO FURTHER SPECIFY PROCEDURES FOR HANDLING CHECKS RECEIVED AS ESCROW OR SECURITY DEPOSITS FOR SALES OR LEASE AGREEMENTS AND PROCEDURES FOR MARKETING LISTINGS BY COMPANIES THAT ARE MEMBERS OF A MULTIPLE LISTING SERVICE; TO AUTHORIZE REAL ESTATE LICENSEES TO USE PUBLIC INFORMATION TO CONTACT INDIVIDUALS BY TELEPHONE, MAIL, OR ELECTRONIC MAIL FOR THE PURPOSE OF SELLING OR MARKETING REAL PROPERTY; TO FURTHER SPECIFY POLICIES RELATING TO DUAL AGENCY, CONTENTS OF LISTING OR BUYER'S AGREEMENTS, AND PROPERTY MANAGEMENT AGREEMENTS; AND TO SPECIFY REAL ESTATE TRANSACTION ACTIVITIES THAT MUST NOT BE CONDUCTED BY AN UNLICENSED INDIVIDUAL EMPLOYED OR SUPERVISED BY AN OWNER OF A REAL ESTATE COMPANY; TO AMEND SECTION 40-57-137, RELATING TO REAL ESTATE BROKERAGE COMPANY DUTIES TO CLIENTS, SO AS, AMONG OTHER THINGS, TO PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST AN AGENT WHO HAS TRUTHFULLY DISCLOSED KNOWN DEFECTS TO A BUYER OR AGAINST A REAL ESTATE LICENSEE FOR INFORMATION CONTAINED IN VARIOUS REPORTS, SUCH AS TERMITE AND HOME INSPECTIONS; TO SPECIFY PROCEDURES FOR OBTAINING INFORMED CONSENT TO ACT AS A DUAL AGENT; TO SPECIFY AN EXCEPTION TO REQUIRING A DUAL AGENCY RELATIONSHIP WHEN A LICENSEE IN A COMPANY'S MAIN OFFICE CONDUCTS BUSINESS IN A BRANCH OFFICE; TO SPECIFY SERVICES A LICENSEE MAY PROVIDE TO REAL ESTATE CUSTOMERS AND POLICIES AND PROCEDURES FOR PROVIDING THESE SERVICES; TO ESTABLISH REQUIREMENTS THAT A BROKER-IN-CHARGE MUST SATISFY TO ASSIGN DESIGNATED AGENTS TO EXCLUSIVELY REPRESENT DIFFERENT CLIENTS IN THE SAME TRANSACTION; TO FURTHER PROVIDE FOR THE TRANSACTION OF REAL ESTATE BUSINESS BY DESIGNATED AGENTS AND TO PROVIDE THAT COMPENSATION OR THE PROMISE OF COMPENSATION DOES NOT DETERMINE WHETHER AN AGENCY RELATIONSHIP HAS BEEN CREATED; TO AMEND SECTION 40-57-139, RELATING TO AGENCY DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT FORMS REGARDING THE RELATIONSHIP CREATED BETWEEN THE LICENSEE AND THE CUSTOMER MUST BE ACKNOWLEDGED IN THE LISTING AND BUYER AGENCY AGREEMENT; TO REQUIRE AN AGENCY RELATIONSHIP TO BE CREATED BEFORE RATIFICATION OF THE REAL ESTATE SALES AGREEMENT, TO SPECIFY CONDITIONS UNDER WHICH AN AGENCY RELATIONSHIP DOES NOT EXIST, AND TO PROVIDE EXCEPTIONS TO THESE AGENCY DISCLOSURE REQUIREMENTS; TO AMEND SECTION 40-57-140, RELATING TO THE EFFECT OF TERMINATION, EXPIRATION, OR COMPLETION OF AGENCY AGREEMENTS, SO AS TO REQUIRE CONTINUED CONFIDENTIALITY OF CONFIDENTIAL INFORMATION AND TO PROVIDE THAT THE DUTY TO BE TRUTHFUL PREVAILS OVER MAINTAINING CONFIDENTIALITY; TO AMEND SECTION 40-57-145, RELATING TO GROUNDS FOR DENIAL OF LICENSURE AND FOR DISCIPLINARY ACTIONS, SO AS TO FURTHER SPECIFY ELEMENTS OF THESE GROUNDS AND TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 40-57-150, RELATING TO INVESTIGATIONS OF VIOLATIONS, SO AS TO EXTEND THE TIME WITHIN WHICH THE REAL ESTATE COMMISSION MUST RENDER A DECISION AND TO AUTHORIZE THE COMMISSION TO RECOVER THE COSTS OF THE INVESTIGATION AND PROSECUTION; AND TO AMEND SECTION 40-57-180, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT NO CAUSE OF ACTION EXISTS FOR FAILURE OF A LICENSEE TO DISCLOSE THE LOCATION OF SEX OFFENDERS AND CERTAIN OFF-SITE HAZARDS OR PSYCHOLOGICAL IMPACTS; AND TO REQUIRE APPROVED INSTRUCTORS TO ATTEND DEVELOPMENT WORKSHOPS OR TO PROVIDE EVIDENCE OF CONTINUING EDUCATION.
Referred to Committee on Labor, Commerce and Industry
H. 4894 (Word version) -- Reps. Tripp, Cato, Vaughn, Leach, Hamilton, Kirsh, Loftis, G. R. Smith, Taylor and Walker: A BILL TO AMEND ARTICLE 5, CHAPTER 55, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FRAUD AND REPORTING IMMUNITY, SO AS TO ESTABLISH A CIVIL ENFORCEMENT UNIT OF THE DEPARTMENT OF INSURANCE, TO CHANGE AND ADD CERTAIN DEFINITIONS, TO INCREASE PENALTIES FOR CONVICTION, TO PROVIDE CIVIL REMEDIES FOR PERSONS INJURED, TO PROVIDE FOR THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE CIVIL ENFORCEMENT UNIT, TO PROVIDE THAT THE UNIT SHALL RECEIVE REVENUE FROM THE FINES ASSESSED, TO PROVIDE THAT THE OFFICE OF THE ATTORNEY GENERAL, THE STATE LAW ENFORCEMENT DIVISION, AND THE DEPARTMENT OF INSURANCE CIVIL ENFORCEMENT UNIT SHALL COOPERATE AS APPROPRIATE, AND TO AUTHORIZE THE DEPARTMENT OF INSURANCE TO ASSESS LICENSED INSURERS BASED ON PREMIUM WRITINGS AND TO PROVIDE FOR THE DISTRIBUTION OF FUNDS GENERATED BY THE ASSESSMENTS.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 4895 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO MR. AND MRS. HESTER WILLIAMS OF BISHOPVILLE ON THE OCCASION OF THEIR FIFTIETH ANNIVERSARY AND TO EXTEND TO THEM BEST WISHES FOR CONTINUED SUCCESS AND HAPPINESS IN THE YEARS TO COME.
The Resolution was adopted.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
R. 183, S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: AN ACT TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF PUBLIC OFFICERS BY THE GOVERNOR, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE OFFICE OF REGULATORY STAFF MAY BE REMOVED ONLY FOR SPECIFIED REASONS PERTAINING TO CAUSE; BY ADDING SECTION 8-13-935 SO AS TO PROVIDE PROCEDURAL AND OTHER REQUIREMENTS RELATING TO CANDIDATES FOR ELECTION TO THE PUBLIC SERVICE COMMISSION AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY WITHIN THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REVISE THE DUTIES AND FUNCTIONS OF THE DIVISION AND THE CONSUMER ADVOCATE IN REGARD TO VARIOUS MATTERS INCLUDING MATTERS BEFORE THE PUBLIC SERVICE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 58, RELATING TO GENERAL PROVISIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO REVISE THE MAKEUP OF THE COMMISSION, PROVIDE FOR THE QUALIFICATIONS OF MEMBERS, ELECTION PROCEDURES FOR MEMBERS, STANDARDS OF CONDUCT FOR COMMISSIONERS AND STAFF, DUTIES AND POWERS OF OFFICERS OF THE COMMISSION AND HEARING OFFICERS AND OTHER STAFF OF THE COMMISSION, AND TO FURTHER PROVIDE FOR PROCEDURES, ORDERS, AND DECREES OF THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58, SO AS TO ESTABLISH THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND FUNCTIONS; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO ESTABLISH THE OFFICE OF REGULATORY STAFF AND PROVIDE FOR ITS DUTIES, FUNCTIONS, AND POWERS; TO AMEND SECTION 58-27-865, AS AMENDED, RELATING TO THE DEFINITION OF "FUEL COST" AND PROCEDURES PERTAINING TO RECOVERY OF FUEL COSTS, SO AS TO DEFINE "FUEL COSTS RELATED TO PURCHASED POWER" AS A COMPONENT OF OVERALL FUEL COST; TO DIRECT TO CODE COMMISSIONER TO DELIVER TO THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE A REPORT OF CERTAIN CODE REFERENCES; TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION ON MARCH 3, 2004, IN THE HALL OF THE HOUSE OF REPRESENTATIVES; AND TO REPEAL SECTIONS 58-3-26, 58-3-80, 58-3-95, 58-3-120, 58-3-145, 58-3-150, 58-3-160, AND 58-3-210 ON SPECIFIED DATES, ALL RELATING TO GENERAL PROVISIONS OF THE PUBLIC SERVICE COMMISSION; TO ELECT SUCCESSORS TO THE SEVEN-MEMBER PUBLIC SERVICE COMMISSION WHOSE CURRENT TERMS EXPIRED JUNE 20, 2002.
The President of the Senate recognized Rep. KENNEDY, Chairman of the Committee to Review Candidates for the Public Service Commission.
The President announced that nominations were in order for a member for the First Congressional District.
Rep. KENNEDY, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: James T. Feldman, Blondelle E. Grant, John E. Howard, Linda Smith Mock, and William Saunders.
Rep. KENNEDY stated that William Saunders had withdrawn from the race, and placed the names of the remaining candidates in nomination.
On motion of Rep. KENNEDY, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Feldman:
The following named Senators voted for Grant:
The following named Senators voted for Howard:
Alexander Branton Cromer Elliott Fair Giese Gregory Grooms Hawkins Hayes Hutto Knotts Kuhn Leatherman Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Smith, J. V. Thomas Verdin Waldrep
The following named Senators voted for Mock:
On motion of Rep. KIRSH, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Feldman:
The following named Representatives voted for Grant:
The following named Representatives voted for Howard:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Howard Huggins Jennings Keegan Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mahaffey McCraw McGee McLeod Merrill Miller J. H. Neal Neilson Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough 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 White Whitmire Wilkins Witherspoon Young
The following named Representatives voted for Mock:
RECAPITULATION
Total number of Senators voting 36
Total number of Representatives voting 108
Grand Total 144
Necessary to a choice 73
Of which Feldman received 0
Of which Grant received 0
Of which Howard received 144
Of which Mock received 0
Whereupon, the President announced that John E. Howard was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Second Congressional District.
Rep. KENNEDY, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: James Blake Atkins and David A. Wright.
Rep. KENNEDY stated that James B. Atkins had withdrawn from the race, and placed the name of the remaining candidate, David A. Wright in nomination.
On motion of Rep. KENNEDY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that David A. Wright was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Third Congressional District.
Rep. KENNEDY, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: James M. Cole, David L. Dougherty, Patrick W. Flack, Michael L. Kernells, and Randy Mitchell.
Rep. KENNEDY stated that James M. Cole and David L. Dougherty had withdrawn from the race, and placed the names of the remaining candidates in nomination.
On motion of Rep. KENNEDY, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Flack:
The following named Senators voted for Kernells:
O'Dell
The following named Senators voted for Mitchell:
Alexander Anderson Branton Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. V. Thomas Verdin Waldrep
On motion of Rep. KIRSH, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Flack:
The following named Representatives voted for Kernells:
Duncan Hosey Lloyd Parks Pinson M. A. Pitts
The following named Representatives voted for Mitchell:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal Neilson Ott Owens Phillips E. H. Pitts 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 Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
RECAPITULATION
Total number of Senators voting 43
Total number of Representatives voting 116
Grand Total 159
Necessary to a choice 80
Of which Flack received 0
Of which Kernells received 7
Of which Mitchell received 152
Whereupon, the President announced that Randy Mitchell was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fourth Congressional District.
Rep. KENNEDY, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: Ronald H. Blanchard, David A. Brannon, Elizabeth B. Fleming, Daniel Paul Hamilton, Eugene B. Johnston, and Walter C. Robinson III.
Rep. KENNEDY stated that David A. Brannon, Walter C. Robinson III, and Eugene B. Johnston had withdrawn from the race, and placed the names of the remaining candidates in nomination.
On motion of Rep. KENNEDY, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Blanchard:
Anderson Elliott O'Dell Reese
The following named Senators voted for Fleming:
Alexander Branton Cromer Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore Patterson Peeler Pinckney Rankin Ravenel Richardson Ritchie Ryberg Setzler Sheheen Short Waldrep
The following named Senators voted for Hamilton:
Fair Smith, J. V. Thomas Verdin
On motion of Rep. KIRSH, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Blanchard:
The following named Representatives voted for Fleming:
Anthony Bailey Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Ceips Chellis Clark Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Duncan Emory Freeman Frye Gourdine Govan Hagood Harrell Harvin Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Jennings Kennedy Kirsh Koon Lee Littlejohn Lloyd Lourie Mahaffey Martin McCraw McLeod Miller Moody-Lawrence J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Richardson Rivers Rutherford Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Toole Townsend Umphlett Walker Weeks Whipper Whitmire
The following named Representatives voted for Hamilton:
Allen Altman Bales Barfield Bingham Cato Clemmons Delleney Edge Gilham Hamilton Harrison Haskins Huggins Keegan Leach Limehouse Loftis Lucas McGee Merrill Quinn Rice Sandifer Scarborough Scott G. R. Smith Taylor Thompson Tripp Trotter Vaughn Viers White Wilkins Witherspoon
RECAPITULATION
Total number of Senators voting 43
Total number of Representatives voting 119
Grand Total 162
Necessary to a choice 82
Of which Blanchard received 4
Of which Fleming received 118
Of which Hamilton received 40
Whereupon, the President announced that Lib Fleming was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fifth Congressional District.
Rep. KENNEDY, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: H. Clay Carruth, G. O'Neal Hamilton, and Joe Richard Richardson.
Rep. KENNEDY stated that H. Clay Carruth and Joe Richard Richardson had withdrawn from the race, and placed the name of the remaining candidate, G. O'Neal Hamilton, in nomination.
Whereupon, the President announced that G. O'Neal Hamilton was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Sixth Congressional District.
Rep. KENNEDY, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: Mignon L. Clyburn and Leo Earl Dawkins.
Rep. KENNEDY stated that Leo Earl Dawkins had withdrawn from the race, and placed the name of the remaining candidate, Mignon L. Clyburn in nomination.
On motion of Rep. KENNEDY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mignon L. Clyburn was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the At-Large Congressional District.
Rep. KENNEDY, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: John Holloway Drummond and Robert C. Moseley.
Rep. KENNEDY stated that John Holloway Drummond had withdrawn from the race, and placed the name of the remaining candidate, Robert C. Moseley in nomination.
On motion of Rep. KENNEDY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Robert C. Moseley was duly elected for the term prescribed by law.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4780 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 3, 2004, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL TO SUCCEED THE HONORABLE DILL BLACKWELL WHOSE TERM HAS EXPIRED.
The President announced that nominations were in order for a member of the Legislative Audit Council.
Rep. HARRISON, on behalf of the Legislative Audit Council Nominating Committee, nominated Dill Blackwell.
On motion of Rep. HARRISON, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Dill Blackwell was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:45 p.m. the House resumed, the SPEAKER in the Chair.
Rep. J. BROWN moved that the House do now adjourn, which was agreed to.
At 12:46 p.m. the House, in accordance with the motion of Rep. J. BROWN, adjourned in memory of Albert Gantt, to meet at 10:00 a.m. tomorrow.
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