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 Ecclesiastes 2:13: "I saw that wisdom is better than folly, just as light is better than darkness."
Let us pray. Gracious God, look in favor upon these Representatives and staff. Provide them with every needful thing to do the work of the people. Give them the necessary means to govern with righteousness and justice. We remember our brother Olin Phillips. Touch him with Your healing hand and nourish him in health. Comfort his family and provide for them. We remember our brother Ken Clark on the death of his mother. Comfort him with Your presence and love.
Give Your protection to our leaders of State and Nation. Keep our defenders of freedom in Your protective care. Hear us, O Mighty One. 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. G. BROWN moved that when the House adjourns, it adjourn in memory of Eugene B. McLeod, Sr., father of former Representative E. B. "Mac" McLeod, which was agreed to.
The SPEAKER ordered the following veto printed in the Journal:
March 30, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4707 (Word version), R.225, 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.
This veto is based on the intention upon which Act 89 of 2003 was signed by me on July 23, 2003. When I signed this legislation last year, it was my aim to give school districts a series of options to make up missed school days. My opposition to legislation like H. 4707 is that it is unnecessary given the enactment of Act 89.
Section 1 of Act 89 (Section 59-1-430(A) of the South Carolina Code of Laws) states that, "[a]ll school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of . . . [snow, extreme weather conditions, or other disruptions requiring schools to close]." As a result of this requirement, all three Dillon County school districts designated February 16 and March 12 as make-up days. The school districts did make up the missed February 26 snow day. They, however, requested the General Assembly to waive the remaining days.
As a policy, we should require school districts to exhaust their make-up days prior to providing legislative relief under Section 59-1-430(B), except in extremely unusual circumstances. Currently, many school districts have either proceeded with using their scheduled make-up days or intend to do so. I believe Act 89 should be applied uniformly to all school districts such that school districts should not obtain legislative relief before making up its missed days. This policy was applied when I recently signed H. 4937, R.226, a bill authorizing the Greenville County school boards to forgive two additional days beyond the three scheduled make-up days already exhausted by Greenville County students. That legislation is the model in both process and policy that this administration envisioned when I signed Act 89 in 2003.
For this reason, I am returning H. 4707, R.225 to you without my signature.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Hayes
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4589 (Word version) -- Reps. Cato, Sandifer, Lee, Anthony, Bailey, Battle, G. Brown, Ceips, Clemmons, Cooper, Duncan, Edge, Hamilton, Harrison, Hayes, Huggins, Jennings, Limehouse, Loftis, Martin, McCraw, Perry, Scarborough, W. D. Smith, Talley, Thompson, Townsend, Tripp, Trotter, Viers, Walker, White and Wilkins: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4767 (Word version) -- Reps. J. E. Smith, Harrison and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS IN EACH HIGH SCHOOL IN THE COUNTY FOR USE BY STUDENTS WHO ATTAIN THE AGE OF EIGHTEEN.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4575 (Word version) -- Reps. Sheheen, McGee and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3967 (Word version) -- Reps. Hamilton, Leach and Vaughn: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOW WHILE HUNTING, SO AS TO FURTHER PROVIDE THAT IT IS NOT UNLAWFUL FOR A PERSON SIXTY-TWO YEARS OF AGE OR OLDER TO USE A CROSSBOW TO HUNT DURING SEASONS WHEN THE USE OF PRIMITIVE WEAPONS ARE AUTHORIZED FOR HUNTING.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4070 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC LIFE PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5060 (Word version) -- Reps. Harrell, Hinson, Neilson, Wilkins and Young: A BILL TO AMEND SECTION 24-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE HEARINGS, SO AS TO PROVIDE THAT PAROLE HEARINGS IN CASES RELATING TO A SINGLE VICTIM MUST BE HELD ON THE SAME DAY, TO PROVIDE THAT THIS REQUIREMENT IS RETROACTIVE, AND TO PROVIDE A PROCEDURE FOR SETTING A PAROLE HEARING DATE FOR MULTIPLE OFFENDERS WHO COMMIT AN OFFENSE OR ARE SERVING A SENTENCE FOR AN OFFENSE BEFORE JULY 1, 2004.
Referred to Committee on Judiciary
H. 5061 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER QUALITY CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2871, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5062 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 16-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BREAKING INTO MOTOR VEHICLES OR TANKS, PUMPS, AND OTHER CONTAINERS WHERE FUEL IS STORED, SO AS TO PROVIDE THAT A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED IN ADDITION TO THE EXISTING PENALTIES.
Referred to Committee on Judiciary
S. 1104 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 26, 2004, BY THE STUDENTS OF A SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, IS 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. OWENS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 5063 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING THE TEAM ON ITS FIFTEENTH CONSECUTIVE INTERNATIONAL FIRST PLACE AWARD.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to Richland Northeast High School's Model United Nations Team at a date and time to be determined by the Speaker for the purpose of congratulating the team on its fifteenth consecutive international first place award.
The Resolution was adopted.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 5064 (Word version) -- Rep. Delleney: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE GREAT FALLS "RED DEVILS" BOYS BASKETBALL TEAM AND COACH JOHN SMITH, AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON WINNING THE 2004 STATE CLASS A BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina extend the privilege of the floor to the members of the Great Falls "Red Devils" Boys Basketball Team and Coach John Smith, at a time and date to be determined by the Speaker, for the purpose of congratulating them on winning the 2004 State Class A Basketball Championship.
The Resolution was adopted.
The following was introduced:
H. 5065 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREAT FALLS "RED DEVILS" BOYS BASKETBALL TEAM AND COACH JOHN SMITH FOR WINNING THE 2004 STATE CLASS A BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1107 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO COMMEND TELEVISION STATIONS WPDE (CHANNEL 15) AND WWMB (CHANNEL 21) AND BILLY HUGGINS, GENERAL MANAGER OF THESE STATIONS, FOR THEIR CONTRIBUTIONS TO AND ASSISTANCE WITH THE CRIME STOPPERS PROGRAM IN THE GRAND STRAND AND PEE DEE AREAS WHICH HAVE HELPED TO MAKE IT SUCH A SUCCESSFUL PROGRAM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Sandifer 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
I came in after the roll call and was present for the Session on Wednesday, March 31.
Marty Coates H.B. "Chip" Limehouse William Clyburn David Mack Joseph Neal Daniel Tripp Alex Harvin Todd Rutherford Richard Quinn
The SPEAKER granted Rep. DAVENPORT a leave of absence for today and tomorrow due to personal reasons.
The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.
The SPEAKER granted Rep. SCARBOROUGH a leave of absence for today and tomorrow.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 30.
Announcement was made that Dr. James Craigie of Charleston is the Doctor of the Day for the General Assembly.
Rep. J. BROWN and the Richland Delegation presented to the House the Columbia High School "Capitals" Girls Basketball Team, the 2004 Class AA Girls Champions, and their coaches.
Reps. E. H. PITTS and HARRISON presented to the House the Glenforest School Boys Basketball Team, the SCISA Class A 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. 4472 (Word version)
Date: ADD:
03/31/04 CHELLIS
Bill Number: H. 4971 (Word version)
Date: ADD:
03/31/04 NEILSON
Bill Number: H. 4734 (Word version)
Date: ADD:
03/31/04 COLEMAN
Bill Number: H. 4963 (Word version)
Date: ADD:
03/31/04 NEILSON
Bill Number: H. 4724 (Word version)
Date: ADD:
03/31/04 NEILSON
Bill Number: H. 4899 (Word version)
Date: REMOVE:
03/31/04 PINSON
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 5033 (Word version) -- Reps. Walker, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
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.
H. 4818 (Word version) -- Reps. Cato, J. H. Neal, Moody-Lawrence, Lloyd, R. Brown, Emory, Mack, Cobb-Hunter, Govan, Chellis, Whipper, Trotter, Cooper, White, Barfield, Harrison, Sandifer, Thompson, McGee, Merrill, W. D. Smith and Huggins: A BILL TO AMEND SECTION 37-2-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CREDIT SALE, SO AS TO PROVIDE THAT A DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; TO AMEND SECTION 37-3-202, RELATING TO ADDITIONAL CHARGES PERMITTED IN CONNECTION WITH A CONSUMER LOAN, SO AS TO INCLUDE OPEN-END CREDIT PURSUANT TO A LENDER CREDIT CARD OR SIMILAR ARRANGEMENT IN CONFORMANCE WITH OTHER PROVISIONS AND TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN, SO AS TO PROVIDE THAT THE DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; AND TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES TO A CONSUMER LOAN, SO AS TO INCLUDE A CONSPICUOUS NOTICE IN CONFORMITY WITH OTHER LAW AND TO MAKE A TECHNICAL CORRECTION.
H. 5034 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CONTINUED COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5035 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO LICENSURE EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2898, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 920 (Word version) -- Senators Moore and Setzler: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE AIKEN 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.
S. 921 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MCCORMICK 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.
S. 922 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE EDGEFIELD 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.
H. 5056 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A BILL TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES OF THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO DELETE ARCHAIC REFERENCES THAT SPECIFY FROM WHICH VOTING PRECINCTS IN ABBEVILLE COUNTY MEMBERS OF THE BOARD SHALL RESIDE.
H. 5057 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS FORGIVEN FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE 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. GILHAM explained the Bill.
S. 827 (Word version) -- Senators McConnell and J. V. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
Rep. RICHARDSON explained the Bill.
S. 934 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ALLENDALE COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ALLENDALE COUNTY, DESIGNATE 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 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 it be enrolled for ratification:
S. 888 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF PERSONS WHO MANUFACTURE, SELL, INSTALL, MODIFY, OR ALTER MANUFACTURED HOMES, SO AS TO DEFINE "NEW MANUFACTURED HOME".
The following Bill was taken up:
H. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.
Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21130SD04), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Chapter 1 of Title 39 of the 1976 Code is amended by adding:
"Section 39-1-55. (A) As used in this section, 'gift certificate' means a certificate that is issued or sold by a person engaged in the business of offering goods or services for sale at retail and that entitles a recipient of the certificate to the delivery of goods or services from the person who issued or sold the certificate. This term includes a gift card used for the same purpose as a gift certificate.
(B) A person may not issue or sell a gift certificate which provides that the certificate expires before the first anniversary of the date on which the certificate is issued or sold. However, a person may issue or sell a gift certificate which provides for an expiration date before the first anniversary of the date on which the certificate is issued or sold as long as the expiration date is on the front of the gift certificate in capitalized letters in at least ten-point font. A gift certificate that contains an expiration date prohibited by this subsection expires on the first anniversary of the date on which the certificate is issued or sold.
(C) A condition relating to the use of a gift certificate must be stated clearly on the certificate, the envelope, or covering of the certificate, or the receipt given to the purchaser of the certificate, if the condition provides that the certificate decreases in value over a period of time or that a fee is charged against the balance of the certificate after a certain period of time.
A gift certificate that does not state clearly a condition described by this subsection may be redeemed at any time for the original value of the certificate, less any amount charged against the balance of the certificate by the consumer.
(D) This section applies only to a gift certificate issued or sold on or after the effective date of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. CATO 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. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
H. 3929 (Word version) -- Reps. Wilkins and Harrell: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.
The following Concurrent Resolution was taken up:
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".
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation 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".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
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.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, 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.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5030 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY THAT PASSES THROUGH THE TOWN OF ST. MATTHEWS, THE "T. M. 'BABE' NELSON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH POINTS WHERE SOUTH CAROLINA HIGHWAY 6 CROSSES THE ST. MATTHEWS TOWN LIMIT CONTAINING THE WORDS "T. M. 'BABE' NELSON MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION.
Whereas, the late Honorable T. M. "Babe" Nelson was born on February 7, 1912, was a graduate of St. Matthews High School, and attended the University of South Carolina; and
Whereas, he served his country with distinction as a member of the United State Army during World War II; and
Whereas, Mr. Nelson was married to Mary Lena Baskin of Bishopville, and together they reared two daughters and were blessed with eight grandchildren; and
Whereas, he served for three terms as mayor of the town of St. Matthews, eight years as a member of the South Carolina House of Representatives, and upon leaving the House of Representatives served on the South Carolina Industrial/Workers' Compensation Commission, where he became Chairman and served on the Commission until he retired; and
Whereas, he received numerous honors, and awards, and recognition including the Rotary Club Citizen of the Year, Lower Savannah Outstanding Senior Citizen, and the Order of the Palmetto; and
Whereas, Mr. Nelson was a model member of his community who dedicated his time and talents to a variety of causes and organizations and was an active member of St. Paul United Methodist Church of St. Matthews where he served as Chairman of the Board and Finance Committee; and
Whereas, he passed away on Thanksgiving Day, 1989; and
Whereas, the General Assembly is proud to recognize the service and accomplishments of the Honorable T. M. "Babe" Nelson and considers it fitting that the South Carolina Department of Transportation name a portion of South Carolina Highway 6 in Calhoun County in his memory. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to name the portion of South Caroling Highway 6 in Calhoun County that passes through the town of St. Matthews, the "T. M. 'Babe' Nelson Memorial Highway" and to erect appropriate markers or signs at both points where South Carolina Highway 6 crosses the St. Matthews town limit containing the words "T. M. 'Babe' Nelson Memorial Highway" in recognition of his many contributions to the town of St. Matthews, Calhoun County, the State of South Carolina, and this nation.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5031 (Word version) -- Reps. Ceips, Loftis and Witherspoon: A CONCURRENT RESOLUTION DECLARING THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT ALL BEACH QUALITY SAND EXCAVATED WITHIN THE BOUNDARIES OF THIS STATE FOR IMPROVING THE HARBOR CHANNEL AND TURNING BASIN FACILITIES IN THE SAVANNAH RIVER BE TRANSPORTED TO AND USED TO RENOURISH THE PUBLIC BEACHES OF THIS STATE AND TO FURTHER DECLARE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT APPROPRIATE STATE AGENCIES WORK TO PREVENT THE USE OF THIS BEACH QUALITY SAND EXCAVATED IN THIS STATE FROM BEING USED TO RENOURISH GEORGIA BEACHES.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina declare that it is the public policy of this State that all beach quality sand excavated within the boundaries of this State's waters must be transported to and used to renourish South Carolina public beaches at no cost to this State to benefit the recreational use of these public beaches.
Be it further resolved that it is the public policy of this State that the appropriate agencies seek to deny the placement of this beach quality sand obtained from within the boundaries of this State on Georgia beaches.
Be it further resolved that a copy of this resolution be forwarded to the appropriate officials of the United States Army Corps of Engineers, the Governor and Attorney General of this State, the Director of the South Carolina Department of Health and Environmental Control, and that agency's Deputy Director for Ocean and Coastal Resource Management.
Rep. CEIPS proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7244AHB04), which was adopted:
Amend the concurrent resolution, as and if amended, in the first undesignated paragraph, beginning on line 29, by deleting:
/ State for the purpose of improving harbor channel and turning basin facilities in the Savannah River /
and inserting:
/ State's waters /
Renumber sections to conform.
Amend title to conform.
Rep. CEIPS explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1076 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 6 WHICH TRAVERSES THE CORPORATE LIMITS OF THE TOWN OF SAINT MATTHEWS IN CALHOUN COUNTY AS THE T. M. "BABE" NELSON MEMORIAL HIGHWAY IN HONOR OF THE LATE T. M. "BABE" NELSON IN RECOGNITION OF HIS DISTINGUISHED SERVICE TO HIS NATION, STATE, THE TOWN OF SAINT MATTHEWS, HIS CHURCH, AND THE CALHOUN COUNTY DEMOCRATIC PARTY AND FURTHER TO REQUEST THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THIS DESIGNATION ON HIGHWAY 6 AT THE MUNICIPAL BOUNDARIES OF THE TOWN OF SAINT MATTHEWS IN RECOGNITION OF THE COMMUNITY AND PUBLIC SERVICE OF THIS DISTINGUISHED SON OF SOUTH CAROLINA.
Rep. OTT moved to adjourn debate on the Resolution until Wednesday, April 14, which was agreed to.
The motion period was dispensed with on motion of Rep. LOFTIS.
Rep. HOWARD moved to adjourn debate upon the following Bill until Tuesday, April 13, 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 following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10129CM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-146. A person convicted of or pleading guilty or nolo contendere to a violent crime as defined in Section 16-1-60 on or after January 1, 2005, in this State shall, if applicable, surrender his South Carolina driver's license or special identification card to the court pursuant to Section 56-1-365. The clerk of court within ten days shall transmit the driver's license or special identification card, if applicable, together with notice of the felony and whether or not it is a felony considered to be a violent crime, to the Department of Motor Vehicles. The driver's license or special identification card is considered revoked and the department shall keep a record of the revocation. If the felony which the person was convicted of or pled guilty or nolo contendere to requires the suspension or revocation of his driver's license or special identification card, the driver's license or special identification card must not be returned to the person."
SECTION 2. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-148. (A) In addition to the contents of a driver's license provided for in Section 56-1-140 or a special identification card provided for in Section 56-1-3350, a person who has been convicted of or pled guilty or nolo contendere to a felony considered to be a violent crime as contained in Section 16-1-60 on or after January 1, 2005, must have an identifying code to be determined by the Department of Motor Vehicles affixed to his driver's license or special identification card at the time the person obtains or renews the driver's license or special identification card. The code must identify the person as having been convicted of a felony considered to be a violent crime. The code must be developed by the department and made known to the appropriate law enforcement officers and other judicial officials of this State.
(B) The department shall charge a fee of fifty dollars for affixing the identifying code provided in subsection (A). This fee is in addition to the fee provided for in Section 56-1-140. This fee must be assessed when a person who has been convicted of or pled guilty or nolo contendere to a violent crime as defined in Section 16-1-60 on or after January 1, 2005, obtains or renews his driver's license or special identification card. If the conviction or guilty plea for the crime is overturned on appeal, or if the person is subsequently pardoned for the crime, he may request the department to issue him a new driver's license or special identification card with the identifying code removed, and the department is required to comply with this request without imposing a fee.
(C) The fee collected by the Department of Motor Vehicles pursuant to subsection (B) must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles."
SECTION 3. Section 56-1-80 of the 1976 Code, as last amended by Act 225 of 2000, is further amended to read:
"Section 56-1-80. (A) Every An application for a driver's license or permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee and acceptable proof of date and place of birth;
(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country;
(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal;
(6) allow an applicant voluntarily to disclose a permanent medical condition which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record;
(7) allow an applicant voluntarily to disclose that he is an organ and tissue donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record.;
(8) state whether or not the applicant has ever been convicted of or pled guilty or nolo contendere to a felony considered to be a violent crime as contained in Section 16-1-60 on or after January 1, 2005, and state the crime convicted of or pled guilty or nolo contendere to; and
(9) list the violent crimes contained in Section 16-1-60.
(B) The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition, as provided for in item (A)(6), must be made available, upon request, to law enforcement and emergency medical services and hospital personnel; and the information and records pertaining to a person's organ and tissue donor status, as provided for in item (A)(7), must be made available, upon request, to law enforcement, emergency medical services and hospital personnel, and the South Carolina Donor Referral Network, as provided for in Section 44-43-910.
(C) Whenever an application is received from a person previously licensed or permitted in another state, the Department of Motor Vehicles may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the department showing that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be completed and delivered to the department at the time the license or permit is issued or renewed."
SECTION 4. The first paragraph of Section 56-1-3350 of the 1976 Code, as last amended by Act 227 of 2000, is further amended to read:
"Upon application by any a person ten years of age or older who is a resident of South Carolina, the department shall issue a special identification card as long as:
(1) the application is made on a form approved and furnished by the department; and
(2) the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth;
(3) the application:
(1) states whether or not the applicant has ever been convicted of or pled guilty or nolo contendere to a felony considered to be a violent crime as defined in Section 16-1-60 on or after January 1, 2005 and the felony convicted of or pled guilty or nolo contendere to; and
(2) lists the violent crimes contained in Section 16-1-60."
SECTION 5. The requirements of Section 56-1-140 of the 1976 Code, as amended by Section 3 of this act, must be met upon the renewal of the existing driver's licenses or special identification cards of persons convicted of felonies in this State, except as otherwise provided by Section 56-1-146 as contained in Section 1 of this act.
SECTION 6. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 7. This act takes effect January 1, 2005, and applies to all persons convicted of violent crimes pursuant to Section 16-1-60 after January 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
Rep. SINCLAIR continued speaking.
The amendment was then adopted.
Rep. WHIPPER proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5973CM04), which was tabled:
Amend the bill, as and if amended, Section 56-1-148 as contained in SECTION 2 by adding the following appropriately lettered subsection:
/ "( ) When a person has been free of additional convictions of violent crimes for the periods of five, ten, and fifteen years, the person may file an application with the Department of Motor Vehicles to have the identifying code contained on his driver's license changed to indicate this occurrence." /
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. SINCLAIR moved to table the amendment, which was agreed to.
Reps. SINCLAIR and HARRISON proposed the following Amendment No. 4 (Doc Name COUNCIL\SWB\5968CM04), which was adopted:
Amend the bill, as and if amended, SECTION 56-1-148, as contained in SECTION 2, by adding the following appropriately lettered subsection:
/ ( ) The intent of placing a code on a driver's license that identifies a person who has been convicted of a felony considered to be a violent crime is to promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens and law enforcement officers. Notwithstanding this legitimate stated purpose, this provision is not intended to violate the guaranteed constitutional rights of persons who have violated our nations laws. /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SINCLAIR spoke in favor of the amendment.
Rep. MOODY-LAWRENCE spoke against the amendment.
Rep. M. A. PITTS spoke in favor of the amendment.
The SPEAKER granted Rep. J. E. SMITH a leave of absence for the remainder of the day to attend a South Carolina Bar Association meeting.
Rep. J. H. NEAL spoke against the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 15 to 36.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 54 to 21.
Rep. WHIPPER proposed the following Amendment No. 6 (Doc Name COUNCIL\NBD\12405CM04), which was adopted:
Amend the bill, as and if amended, Section 56-1-148 as contained in SECTION 2 by adding the following appropriately lettered subsection:
/ "( ) When a person has been free of additional convictions of violent crimes for ten years after he has completely satisfied the terms of his sentence, the person may file an application with the Department of Motor Vehicles to have the identifying code contained on his driver's license removed." /
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER explained the amendment.
The amendment was then adopted.
Rep. KENNEDY moved to commit the Bill to the Committee on Ways and Means.
Rep. SIMRILL 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 Barfield Cato Ceips Chellis Clemmons Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Hagood Hamilton Harrell Harrison Haskins Herbkersman Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Lourie Lucas Mahaffey McCraw McLeod Ott Owens Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Bales Battle Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Freeman Harvin Hayes J. Hines Hosey Jennings Kennedy Lee Lloyd Mack Miller Moody-Lawrence J. H. Neal Parks Perry Rutherford Scott Weeks Whipper
So, the motion to commit the Bill was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Barfield Bingham Cato Ceips Chellis Clemmons Cotty Dantzler Delleney Duncan Edge Frye Hagood Hamilton Harrell Harrison Hayes Herbkersman Huggins Keegan Kirsh Koon Leach Littlejohn Loftis Lourie Lucas Mahaffey McCraw McGee McLeod Merrill Miller Ott Owens Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Sandifer Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Thompson Townsend Tripp Trotter Umphlett Vaughn Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Bales Battle Breeland G. Brown R. Brown Clyburn Cobb-Hunter Emory Freeman Harvin J. Hines Hosey Jennings Kennedy Lee Lloyd Mack Moody-Lawrence J. H. Neal Parks Perry Rutherford Scott Stewart Weeks
So, the Bill, as amended, was read the second time and ordered to third reading.
I inadvertently missed the vote on H. 3827. I would have voted in favor of the Bill.
Rep. Chip Limehouse
The following Bill was taken up:
H. 4291 (Word version) -- Reps. White, Branham, Clark, Trotter, M. A. Pitts and Owens: 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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12380AC04), which was adopted:
Amend the bill, as and if amended, Section 40-33-1315(D)(2), page 5, line 6 by deleting /registered/ and inserting /practical/. So when amended Section 40-33-1315(D)(2) reads:
/ (2) A licensed practical nurse who has been granted multi-state licensing privileges by a party state may practice practical nursing in this State. /
Amend the bill further, SECTION 3 of the bill, page 10, line 31 by deleting /March 1, 2005/ and inserting /January 1, 2006/. So when amended SECTION 3 of the bill reads:
/SECTION 3. The South Carolina Board of Nursing shall periodically report to the General Assembly on the implementation of the provisions of the Nurse Licensure Compact, Article 15, Chapter 33 of Title 40 of the 1976 Code, as added by Section 1 of this act, and no later than January 1, 2006. /
Renumber sections to conform.
Amend title to conform.
Rep. PARKS explained the amendment.
The amendment was then adopted.
Rep. HASKINS proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10159SJ04), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Chapter 33, Title 40 of the 1976 Code is amended by adding:
"Section 40-33-525. Beginning January 1, 2006, the State Board of Nursing shall require foreign-educated candidates for licensing as registered nurses to pass:
(1) the National Council Licensure Examination (NCLEX); and
(2) an English language proficiency test that determines whether or not the license applicant is proficient in conversational English with regard to medical terminology and the skills required of a registered nurse."/
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
Rep. HAMILTON moved to adjourn debate on the Bill until Tuesday, April 13.
Rep. WHITE moved to table the motion, which was agreed to by a division vote of 61 to 13.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Edge Emory Freeman Frye Hagood Harrison Harvin Hayes Herbkersman J. Hines Hosey Huggins Jennings Keegan Kennedy Kirsh Koon Leach Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal Ott Owens Parks Perry Pinson E. H. Pitts Rice Richardson Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Townsend Tripp Trotter Umphlett Vaughn Viers Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Duncan Hamilton Haskins M. A. Pitts
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
The following was received from the Senate:
Columbia, S.C., March 30, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3462:
H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
and asks for a Committee of Conference and has appointed Senators Elliott, Rankin and Richardson of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. EDGE, CLEMMONS and JENNINGS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5066 (Word version) -- Reps. Cato, Sandifer, G. Brown, Hamilton, Lee and Limehouse: A BILL TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF PUBLIC CONVENIENCE REQUIRED TO BE OBTAINED PRIOR TO THE CONSTRUCTION OR OPERATION OF ANY RADIO COMMERCIAL CARRIER SYSTEM, SO AS TO PROVIDE THAT THE COMMISSION IS NOT EMPOWERED TO IMPOSE ANY REQUIREMENTS OR OTHERWISE REGULATE "COMMERCIAL MOBILE SERVICE" AS DEFINED UNDER FEDERAL LAW AND TO PROVIDE FOR THE MANNER IN WHICH CUSTOMER COMPLAINTS REGARDING COMMERCIAL MOBILE SERVICE MUST BE PROCESSED.
Referred to Committee on Labor, Commerce and Industry
H. 5070 (Word version) -- Rep. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-34 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN CERTAIN COVES ON LAKE MARION AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5071 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 4-10-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE LOCAL SALES AND USE TAX, SO AS TO EXTEND THE IMPOSITION OF THIS TAX TO MOTOR FUELS SUBJECT TO THE STATE MOTOR FUEL USER FEE AND TO PROVIDE FOR THE DISTRIBUTION AND USE OF LOCAL SALES AND USE TAX REVENUE ON MOTOR FUEL.
Referred to Committee on Ways and Means
H. 5072 (Word version) -- Reps. Loftis, Cato, Bingham, Hamilton, Leach, Tripp, Wilkins and Witherspoon: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 SO AS TO ENACT THE "FIRE SPRINKLER SAFETY ACT" IN CONFORMANCE WITH THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND THE REGULATION OF FIRE SPRINKLER SYSTEMS BY THE CONTRACTOR'S LICENSING BOARD, TO ESTABLISH STANDARDS FOR LICENSURE AND SPRINKLER SYSTEMS, TO ESTABLISH SANCTIONS FOR VIOLATIONS, AND TO FURTHER PROVIDE FOR THE REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS AND TO PROVIDE PENALTIES.
Referred to Committee on Labor, Commerce and Industry
H. 5073 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 SO AS TO ENACT THE "SOUTH CAROLINA WORKS ACT" WHICH ESTABLISHES A STATE PROCUREMENT PROGRAM WHEREBY GOVERNMENTAL AGENCIES ARE REQUIRED, UNDER CERTAIN CIRCUMSTANCES, TO PURCHASE CERTAIN PRODUCTS AND TO PROCURE CERTAIN SERVICES FROM NOT-FOR-PROFIT AGENCIES OR GOVERNMENTAL AGENCIES FOR PERSONS WITH SEVERE DISABILITIES.
Referred to Committee on Ways and Means
The following was introduced:
H. 5067 (Word version) -- Rep. Koon: A HOUSE RESOLUTION TO RECOGNIZE VERN FRANKLIN AMICK FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA, AND TO COMMEND HIM FOR HIS COUNTLESS ACCOMPLISHMENTS TO BENEFIT THE STATE'S ECONOMIC GROWTH AND DEVELOPMENT.
The Resolution was adopted.
The following was introduced:
H. 5068 (Word version) -- Reps. Harvin and G. M. Smith: A HOUSE RESOLUTION TO COMMEND, CONGRATULATE, AND THANK RETIRING SUMMERTON TOWN COUNCIL MEMBER AND MAYOR PRO TEMPORE THE HONORABLE NOONIE STUKES FOR HER TWELVE YEARS OF OUTSTANDING SERVICE TO THE CITIZENS OF SUMMERTON, AND TO WISH HER WELL IN ALL OF HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5069 (Word version) -- Rep. Lloyd: A HOUSE RESOLUTION TO CONGRATULATE THE JAMES L. DAVIS ELEMENTARY SCHOOL CHESS TEAM ON WINNING FIRST PLACE IN THE SOUTH CAROLINA SCHOLASTIC CHESS TOURNAMENT AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
The Resolution was adopted.
Rep. DUNCAN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5055 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO HONOR AND EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO BETTY RHOAD LILLY OF RICHLAND COUNTY ON THE OCCASION OF HER EIGHTIETH BIRTHDAY ON TUESDAY, APRIL 13, 2004, AND TO WISH HER CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.
At 12:10 p.m. the House, in accordance with the motion of Rep. G. BROWN, adjourned in memory of Eugene B. McLeod, Sr., father of former Representative E. B. "Mac" McLeod, to meet at 10:00 a.m. tomorrow.
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