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 12:15: "Fools think their own way is right, but the wise listen to advice."
Let us pray. Almighty God, our gracious Father, give protection, guidance, and support to those who lead our State. Give them powers of logic, judgment, and knowledge for right decisions to conduct the affairs of State. Inspire them with respect for the people they serve. Bless our State and Nation and her leaders. Protect and shield our defenders of freedom from harm. 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. ALLEN moved that when the House adjourns, it adjourn in memory of Precious Breanna Gambell of Greenville, which was agreed to.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Speech-Language-Hearing Association the Members and staff of the House of Representatives are invited to a breakfast and hearing screening. This event will be held on Wednesday, April 28, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Debbie E. Brady, President
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Chapter of the American Planning Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, May 6, 2004, at 8:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Sharon Richardson, President
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Citadel Alumni Association the Members of the House of Representatives are invited to a barbecue. This event will be held on Wednesday, May 5, 2004, at 6:30 p.m. in the Cantey Building at the State Fairgrounds.
Sincerely,
Michael F. Rogers, Executive Director
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Dairy and Agriculture Industry the Members and staff of the House of Representatives are invited to "The South Carolina Agriculture Expo". This event will be held on Wednesday, May 12, 2004, from 10:00 a.m. until 3:00 p.m. on the State House Grounds.
Sincerely,
Charles R. Sharpe
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Poultry Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, May 20, 2004, from 8:30 a.m. until 10:00 a.m. at the Clarion Town House Hotel.
Sincerely,
Gary Alexander
Chairman
February 3, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Beer Association the Members of the House of Representatives are invited to a legislative BBQ and reception. This event will be held on Tuesday, May 4, 2004, from 6:00 p.m. until 8:00 p.m. at 1114 College Street.
Sincerely,
Richard V. Bridges
February 3, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Chapter of Alpha Kappa Alpha Sorority the Members of the House of Representatives are invited to a breakfast in Room 208 of the Blatt Building, Wednesday, May 5, 2004, from 8 a.m. until 10 a.m.
Sincerely,
Sheila McMillan
S.C. Connection Co-Chairperson
The following was received:
Columbia, S.C., March 23, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4642:
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 ACTIVES, TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY", AND TO PROVIDE FOR THE FLYING OR DISPLAY OF THE "POW/MIA" FLAG ON THIS RECOGNITION DAY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5017 (Word version) -- Reps. Cato, Leach, Tripp, Trotter, Richardson, Sandifer, Hinson and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 38-39-70, RELATING TO PREMIUM SERVICE AGREEMENTS, SO AS TO CLARIFY PROVISIONS OF PREMIUM SERVICE CONTRACTS AND DISCLOSURES, INCLUDING RENEWALS; TO AMEND SECTION 38-39-80, RELATING TO PREMIUM SERVICE COMPANIES, SO AS TO REQUIRE CERTAIN REGULATIONS BY THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES UPON DEFAULT, SO AS TO CLARIFY CERTAIN NOTICES TO INSUREDS.
Referred to Committee on Labor, Commerce and Industry
H. 5019 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD MONEYS FROM THE LAST FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP OFFSET THAT AGENCY'S BUDGET REDUCTIONS.
On motion of Rep. HARRISON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5020 (Word version) -- Reps. Cato, Wilkins and Sandifer: A BILL TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARANTEED ENERGY SAVINGS CONTRACT, SO AS TO PROVIDE THAT THESE CONTRACTS SHALL BE KNOWN AS GUARANTEED ENERGY, WATER, OR WASTE WATER SAVINGS CONTRACTS AND TO FURTHER PROVIDE FOR THE REQUIREMENTS, TERMS, AND CONDITIONS OF THESE CONTRACTS.
Referred to Committee on Labor, Commerce and Industry
S. 951 (Word version) -- Senator Hutto: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE BARNWELL 19, BARNWELL 29, OR BARNWELL 45 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
On motion of Rep. HOSEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 952 (Word version) -- Senator Hutto: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE ORANGEBURG 3, ORANGEBURG 4, OR ORANGEBURG 5 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 953 (Word version) -- Senators Setzler, Knotts, Cromer and Courson: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON 1 OR LEXINGTON 2 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
Referred to Lexington Delegation
S. 954 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE CHESTER COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 955 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. ANTHONY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 956 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE YORK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. RICHARDSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 957 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE FAIRFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. COLEMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 5018 (Word version) -- Reps. Duncan, Taylor and M. A. Pitts: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE CLINTON CITY MANAGER SAM BENNETT ON BEING NAMED 2003 BUSINESS PERSON OF THE YEAR BY THE CLINTON ECONOMIC DEVELOPMENT CORPORATION AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Freeman Gilham Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Rivers Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, March 24.
G. Murrell Smith Anne Parks Fletcher Smith Bill Cotty Michael Thompson H.B. "Chip" Limehouse Gary Simrill Bessie Moody-Lawrence Jerry Govan Todd Rutherford Thad Viers William Bowers Marion Frye
The SPEAKER granted Rep. RHOAD a leave of absence for the day due to illness in the family.
The SPEAKER granted Rep. PHILLIPS a leave of absence for today and tomorrow due to illness.
Reps. COLEMAN and RUTHERFORD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, March 18.
Announcement was made that Dr. Coleman Floyd of Florence is the Doctor of the Day for the General Assembly.
Rep. OTT presented to the House the Calhoun County High School "Saints" Boys Basketball Team, the 2004 Class AA Champions, their coaches 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. 4575 (Word version)
Date: ADD:
03/24/04 MCLEOD
Bill Number: H. 4262 (Word version)
Date: ADD:
03/24/04 WHIPPER
Bill Number: H. 4262 (Word version)
Date: ADD:
03/24/04 ALLEN
Bill Number: H. 4262 (Word version)
Date: ADD:
03/24/04 JENNINGS
Bill Number: H. 4734 (Word version)
Date: ADD:
03/24/04 JENNINGS
Bill Number: H. 4891 (Word version)
Date: ADD:
03/24/04 MCLEOD
Bill Number: H. 4790 (Word version)
Date: REMOVE:
03/24/04 LUCAS
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 5015 (Word version) -- Rep. Frye: A JOINT RESOLUTION TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SALUDA COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
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.
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.
H. 4982 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2844, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4983 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2876, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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. 1044 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEUR OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.
The following Bill was taken up:
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.
Rep. HAGOOD proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5954CM04):
Amend the bill, as and if amended, Section 56-3-115, as contained in SECTION 1, page 1, after line 40, by adding the following appropriately lettered subsection:
/ (_) A municipality may require a golf cart owner to register the golf cart with the municipality in order to operate the golf cart within the municipality pursuant to subsection (A). Upon the payment of a five-dollar registration fee, the municipality may issue a registration decal to the golf cart owner that the owner must attach to the golf cart. /
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
Rep. HAGOOD moved to adjourn debate on the Bill until Wednesday, March 31, which was agreed to.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Thursday, March 25, which was adopted:
H. 4731 (Word version) -- Reps. Howard, Bales, J. Brown, Cotty, Harrison, Lourie, J. H. Neal, Parks, Quinn, Rutherford, Scott and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-850 SO AS TO DEFINE THE TERM "FUNERAL PROCESSION", AND TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A FUNERAL PROCESSION.
The Senate amendments to the following Bill were taken up for consideration:
H. 3528 (Word version) -- Reps. Sheheen, Delleney, Toole, Altman, Haskins, Coates and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-63-50 AND 44-63-55 SO AS TO REQUIRE THAT A FETAL DEATH CERTIFICATE BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO REQUIRE A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH TO BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO FURTHER PROVIDE SPECIFICS FOR COMPLETION AND FILING OF THESE CERTIFICATES.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
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.
Rep. CATO explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
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.
Rep. WALKER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following House Resolution was taken up:
H. 4891 (Word version) -- Reps. Duncan, Taylor, Pinson, Allen, Leach, Neilson, Parks, M. A. Pitts, Hayes, J. E. Smith, Branham and McLeod: 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.
Rep. LEACH moved to recommit the House Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.
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 recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. J. BROWN moved to table the motion, which was agreed to by a division vote of 27 to 17.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\12338AC04), which was adopted:
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./
Amend the bill further, page 6, immediately after Section 44-34-100 by inserting:
/Section 44-34-110. (A)(1) The department must not grant or issue a license to a tattoo facility, if the place of business is within one thousand feet of a church, school, or playground. This distance must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school, or playground.
(2) As used in this subsection:
(a) 'Church' means an establishment, other than a private dwelling, where religious services are usually conducted.
(b) 'School' means an establishment, other than a private dwelling where the usual processes of education are usually conducted.
(c) 'Playground' means a place, other than grounds at a private dwelling, that is provided by the public or members of a community for recreation.
(3) The restrictions in subsection (A)(1) do not apply to the renewal of licenses or to new applications for locations that are licensed at the time the new application is filed with the department.
(B) An applicant for license renewal or for a new license at an existing tattoo facility location shall pay a certification fee established by the department in regulation to determine if the exemptions provided for in subsection (A)(3) apply.
(C) A person who intends to apply for a license under this article must advertise at least once a week for three consecutive weeks in a newspaper circulated nearest to the proposed location of the business and most likely to give notice to interested citizens of the county, city, and community in which the applicant proposed to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures and the proposed location of the business. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this subsection. The notice must be in the legal notice section of the paper, or in an equivalent section if the newspaper has no legal notice section, and must be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for and the exact location at which the proposed business is to be operated./
Renumber sections to conform.
Amend title to conform.
Rep. MACK explained the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. PERRY spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment.
Rep. EDGE moved to commit the Bill to the Committee on Judiciary.
Rep. MACK moved to table the motion.
Rep. RICHARDSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Ceips Clark Clemmons Clyburn Cobb-Hunter Coleman Dantzler Duncan Emory Freeman Gourdine Harrell Hayes Herbkersman J. Hines M. Hines Hosey Howard Kennedy Limehouse Lloyd Lourie Lucas Mack Martin McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry M. A. Pitts Rutherford Scarborough Scott Sinclair Skelton J. E. Smith W. D. Smith Snow Stille Taylor Townsend Umphlett Vaughn Weeks Whipper
Those who voted in the negative are:
Altman Bowers Cato Chellis Cooper Cotty Davenport Delleney Edge Frye Gilham Hagood Hamilton Harrison Haskins Hinson Huggins Keegan Kirsh Koon Littlejohn Loftis Mahaffey McCraw Merrill Pinson E. H. Pitts Quinn Rice Richardson Rivers Sandifer Simrill D. C. Smith G. M. Smith J. R. Smith Stewart Talley Thompson Toole Tripp Trotter Viers Walker White Whitmire Wilkins Witherspoon Young
So, the motion to commit the Bill was tabled.
The amendment was then adopted.
Rep. TOOLE proposed the following Amendment No. 2A (Doc Name COUNCIL\BBM\10120CM04):
Amend the bill, as and if amended, by striking SECTION 2, and inserting:
/ SECTION 2. Section 16-17-700 of the 1976 Code is amended to read:
"Section 16-17-700. It is unlawful for a person to tattoo any part of the body of another person unless the tattoo artist meets the requirements of Chapter 34 of Title 44, and the person obtaining the tattoo is twenty-one years of age or older. It However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery or appropriate; and it is not unlawful for a physician to delegate tattooing procedures to an employee in accordance with Section 40-47-60, subject to the regulations of the State Board of Medical Examiners.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court up to two thousand five hundred dollars or imprisoned not more than one year, or both." /
Renumber sections to conform.
Amend title to conform.
Rep. TOOLE explained the amendment.
Rep. TOOLE moved to adjourn debate on the amendment, which was agreed to.
Rep. ALTMAN proposed the following Amendment No. 3A (Doc Name COUNCIL\GGS\22552HTC04), which was adopted:
Amend the bill, as and if amended, in Chapter 34 of Title 44, as added by SECTION 1, page 6, by inserting after Section 44-34-90:
/ Section 44-34-95. Notwithstanding any other provisions of law, the governing body of a county or municipality by ordinance may regulate the location of a licensed tattoo facility more strictly than the siting provisions provided in this chapter. /
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. MOODY-LAWRENCE raised the Point of Order that Amendment No. 3A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.
The amendment was then adopted by a division vote of 70 to 20.
Rep. TOOLE proposed the following Amendment No. 2A (Doc Name COUNCIL\BBM\10120CM04), which was tabled:
Amend the bill, as and if amended, by striking SECTION 2, and inserting:
/ SECTION 2. Section 16-17-700 of the 1976 Code is amended to read:
"Section 16-17-700. It is unlawful for a person to tattoo any part of the body of another person unless the tattoo artist meets the requirements of Chapter 34 of Title 44, and the person obtaining the tattoo is twenty-one years of age or older. It However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery or appropriate; and it is not unlawful for a physician to delegate tattooing procedures to an employee in accordance with Section 40-47-60, subject to the regulations of the State Board of Medical Examiners.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court up to two thousand five hundred dollars or imprisoned not more than one year, or both." /
Renumber sections to conform.
Amend title to conform.
Rep. TOOLE moved to table the amendment, which was agreed to.
Rep. TAYLOR proposed the following Amendment No. 4A (Doc Name COUNCIL\BBM\10132SJ04), which was tabled:
Amend the bill, as and if amended, immediately after Section 44-34-110, in SECTION 1, by inserting:
/ Section 44-34-120. A tattoo facility shall assess a twenty-dollar fee on each tattoo it performs. This tattoo fee must be returned to the general fund of the State. This fee does not apply to a tattoo that is performed by a licensed physician or surgeon and is determined to be necessary or appropriate. /
Renumber sections to conform.
Amend title to conform.
Rep. TAYLOR explained the amendment.
Rep. CLYBURN moved to table the amendment, which was agreed to.
Rep. J. BROWN moved that the House recur to the Morning Hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of amendments.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3827 (Word version) -- Reps. Hinson, Keegan, Viers, Merrill, Barfield, Clemmons, Dantzler, Frye, Gilham, Huggins, Koon, Limehouse, Pinson, E. H. Pitts, Richardson, Scarborough, Simrill, Stille, Vaughn and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF CERTAIN FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR CERTAIN FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE; AND TO AMEND SECTION 56-1-3370, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.
Ordered for consideration tomorrow.
Rep. KOON, from the Lexington Delegation, submitted a favorable report on:
S. 953 (Word version) -- Senators Setzler, Knotts, Cromer and Courson: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON 1 OR LEXINGTON 2 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4291 (Word version) -- Reps. White, Branham, Clark and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT.
Ordered for consideration tomorrow.
The following was introduced:
H. 5021 (Word version) -- Rep. Duncan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NORTH CREEK BRIDGE ON SOUTH CAROLINA HIGHWAY 72 WEST IN LAURENS COUNTY, THE "CHARLES HAMPTON JOHNSON MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "CHARLES HAMPTON JOHNSON MEMORIAL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5022 (Word version) -- Reps. Richardson, Kirsh, Simrill, Moody-Lawrence, Emory, Delleney and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE SUTTON ROAD EXIT ON I-77 IN YORK COUNTY IN HONOR OF CHARLES E. POWERS, MAYOR OF THE TOWN OF FORT MILL, IN RECOGNITION OF HIS OUTSTANDING SERVICE TO HIS COMMUNITY AND THE CITIZENS OF FORT MILL AND PLACE APPROPRIATE SIGNS OR MARKERS AT THE INTERCHANGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5023 (Word version) -- Reps. Martin and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION OF INTERSTATE HIGHWAY 85 IN ANDERSON COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Referred to Committee on Education and Public Works
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 5015 (Word version) -- Rep. Frye: A JOINT RESOLUTION TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SALUDA COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
H. 4600 (Word version) -- Reps. Townsend, Cooper, Martin, Stille, Thompson and White: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.
Rep. SCOTT asked unanimous consent to recall H. 3145 (Word version) from the Committee on Ways and Means.
Rep. TALLEY objected.
The motion period was dispensed with on motion of Rep. J. BROWN.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
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. TOOLE proposed the following Amendment No. 5A (Doc Name COUNCIL\GJK\21108SD04), which was adopted:
Amend the bill, as and if amended, by striking subsection (C) of Section 44-34-60 of the 1976 Code, as contained in SECTION 1, and inserting:
/(C) A tattoo artist must verify by means of a picture identification that a recipient is at least twenty-one 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, as and if amended, by striking subsection (A) of Section 44-34-100 of the 1976 Code, as contained in SECTION 1 and inserting:
/ (A) It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of twenty-one years. /
Renumber sections to conform.
Amend title to conform.
Rep. TOOLE explained the amendment.
Rep. MACK spoke against the amendment.
Rep. CLYBURN moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Battle Branham Breeland R. Brown Clemmons Clyburn Cobb-Hunter Cotty Freeman Herbkersman J. Hines M. Hines Hosey Lloyd Lourie Mack McLeod Miller Moody-Lawrence J. H. Neal Owens Parks Perry Rivers Rutherford Scott Skelton G. M. Smith J. E. Smith Weeks Whipper
Those who voted in the negative are:
Altman Anthony Bailey Bales Barfield Bingham Bowers Cato Ceips Chellis Clark Coleman Cooper Davenport Delleney Duncan Edge Emory Frye Gilham Hagood Hamilton Harrison Hayes Hinson Huggins Jennings Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill J. M. Neal Neilson Ott Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Simrill Sinclair D. C. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
So, the House refused to table the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. J. E. SMITH spoke against the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 51 to 49.
Rep. RICE proposed the following Amendment No. 6A (Doc Name COUNCIL\GJK\21109SD04), which was tabled:
Amend the bill, as and if amended, by adding a new Section 44-34-25 immediately after Section 44-34-20 to read:
/Section 44-34-25. A tax equal to five percent of the gross proceeds derived from the providing of tatooing services is hereby imposed to be collected in the same manner as sales and use taxes are collected. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 6A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.
Rep. J. BROWN moved to table the amendment, which was agreed to.
Rep. M. A. PITTS proposed the following Amendment No. 8A (Doc Name COUNCIL\BBM\10133SJ04), which was tabled:
Amend the bill, as and if amended, immediately after Section 44-34-110, in SECTION 1, by inserting:
/ Section 44-34-120. A tattoo facility shall assess a twenty-dollar fee on each tattoo it performs. This tattoo fee must be returned to the Department of Disabilities and Special Needs In-Home Care Fund of the State. This fee does not apply to a tattoo that is performed by a licensed physician or surgeon and is determined to be necessary or appropriate. /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
Rep. J. BROWN moved to table the amendment, which was agreed to.
Rep. OTT proposed the following Amendment No. 7A (Doc Name COUNCIL\BBM\10134SJ04), which was adopted:
Amend the bill, as and if amended, by striking subsection (C) of Section 44-34-60 of the 1976 Code, as contained in SECTION 1, and inserting:
/(C) A tattoo artist must verify by means of a picture identification that a recipient is at least twenty-one years of age or if the person is at least eighteen years of age, has parental consent. 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, as and if amended, by striking subsection (A) of Section 44-34-100 of the 1976 Code, as contained in SECTION 1 and inserting:
/ (A) It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of twenty-one years or if the person is at least eighteen, does not have parental consent. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. LOFTIS moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bales Battle Bowers Branham Breeland J. Brown R. Brown Ceips Chellis Clyburn Cobb-Hunter Coleman Cotty Davenport Emory Freeman Frye Gilham Govan Hagood Hayes Herbkersman J. Hines M. Hines Hosey Howard Jennings Kennedy Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Perry Richardson Rivers Rutherford Sandifer Scarborough Scott Sinclair Skelton J. E. Smith J. R. Smith W. D. Smith Stille Townsend Weeks Whitmire Witherspoon
Those who voted in the negative are:
Altman Bailey Barfield Bingham Cato Clark Cooper Dantzler Delleney Duncan Edge Hamilton Harrison Hinson Huggins Keegan Kirsh Koon Leach Limehouse Loftis Mahaffey Merrill Owens Pinson E. H. Pitts M. A. Pitts Rice Simrill D. C. Smith G. M. Smith G. R. Smith Snow Stewart Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers Walker Whipper White Wilkins
So, the amendment was adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Dantzler Duncan Emory Freeman Govan Hagood Harrell Harrison Herbkersman J. Hines M. Hines Hinson Hosey Howard Jennings Kennedy Limehouse Littlejohn Lloyd Lourie Lucas Mack Martin McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson M. A. Pitts Quinn Rutherford Scarborough Scott Sinclair Skelton G. R. Smith J. E. Smith W. D. Smith Snow Stille Talley Taylor Townsend Tripp Umphlett Vaughn Viers Weeks Whipper Wilkins
Those who voted in the negative are:
Altman Cooper Cotty Davenport Delleney Edge Frye Gilham Hamilton Hayes Huggins Keegan Kirsh Koon Leach Loftis Mahaffey McCraw E. H. Pitts Rice Richardson Rivers Sandifer Simrill D. C. Smith G. M. Smith J. R. Smith Stewart Thompson Toole Trotter Walker White Whitmire Witherspoon Young
So, the Bill, as amended, was read the second time and ordered to third reading.
The following was received:
Columbia, S.C., March 24, 2004
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:10 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
Rep. RUTHERFORD moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 2:10 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R219, S. 979 (Word version)) -- Senators Ravenel, Kuhn, McConnell, Branton, Mescher and Grooms: AN ACT TO AMEND ACT 722 OF 1976, AS AMENDED, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO REVISE THE MANNER IN WHICH THE BOARD IS APPOINTED AND TO DESIGNATE ONE MEMBER TO SERVE AS SECRETARY/TREASURER OF THE BOARD.
(R220, S. 998 (Word version)) -- Senator Moore: AN ACT TO AMEND ACT 178 OF 1995, RELATING TO THE ESTABLISHMENT OF THE BOARD OF ELECTIONS AND REGISTRATION FOR MCCORMICK COUNTY, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE BOARD, UPON RECOMMENDATION OF THE MCCORMICK COUNTY COUNCIL, BE APPOINTED BY A MAJORITY VOTE OF THE SENATORS AND HOUSE OF REPRESENTATIVE MEMBERS REPRESENTING MCCORMICK COUNTY TO SERVE FOR A TERM OF TWO YEARS; AND TO PROVIDE THAT THE BOARDS OF TRUSTEES OF MCCORMICK AND EDGEFIELD COUNTY SCHOOL DISTRICTS FOR SCHOOL YEAR 2003-2004 ARE AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICTS BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
(R221, H. 4574 (Word version)) -- Rep. Bowers: AN ACT TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND POLLING PLACES IN HAMPTON COUNTY, SO AS TO CHANGE THE LOCATION OF TWO POLLING PLACES.
(R222, 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: AN ACT 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 ACTIVES, TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY", AND TO PROVIDE FOR THE FLYING OR DISPLAY OF THE "POW/MIA" FLAG ON THIS RECOGNITION DAY.
(R223, H. 4695 (Word version)) -- Reps. Freeman, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD 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.
(R224, H. 4696 (Word version)) -- Reps. Witherspoon, Bailey, Battle, Clemmons, Coates, Davenport, Duncan, Edge, Keegan, Leach, Limehouse, Loftis, McCraw, Owens and Rhoad: AN ACT 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.
(R225, H. 4707 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R226, H. 4937 (Word version)) -- Reps. Vaughn, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N. Smith, G.R. Smith, Taylor, Tripp and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO TWO SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
(R227, H. 4844 (Word version)) -- Reps. Richardson, Delleney, Emory, Kirsh, McCraw, Moody-Lawrence and Simrill: AN ACT 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.
(R228, 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.
The Senate returned to the House with concurrence the following:
H. 3170 (Word version) -- Reps. Cobb-Hunter and J. H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, COMMONLY KNOWN AS THE "SAFE CHANNEL", RUNNING EASTERLY FROM THE VICINITY OF THE BRICKYARD, THEN NORTHERLY ACROSS LAKE MARION TO THE VICINITY OF ABUND ISLAND IN OR NEAR THE SANTEE NATIONAL WILDLIFE REFUGE, AND THEN NORTHEASTERLY TO THE VICINITY OF THE MOUTH OF WYBOO CREEK, AS THE "DANNY BELL BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS, MARKERS, OR BUOYS.
H. 5014 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE COLUMBIA HIGH SCHOOL "CAPITALS" GIRLS BASKETBALL TEAM AND THEIR HEAD COACH, BOBBY YOUNG, ON WINNING THE 2004 CLASS AA STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPION.
At 2:15 p.m. the House, in accordance with the motion of Rep. ALLEN, adjourned in memory of Precious Breanna Gamble of Greenville, to meet at 10:00 a.m. tomorrow.
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