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 II Samuel 22:29: "You are my lamp, O Lord; the Lord turns my darkness into light."
Let us pray. Almighty and Merciful God, shed Your bountiful blessings on this body that they give careful thought to the proceedings of this day. Make them ever mindful of Your presence over them and the awesome responsibility that is given to them to do the best for the people of this State. Be with Rep. Skelton in surgery, guide the hand of the surgeon, and give him Your comfort. Touch Rep. Rhoad's son and heal him. Bless, preserve, and keep our leaders in Your care. Hold our defenders of freedom in Your loving arms. 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.
The House stood in silent prayer for Tom Rhoad, son of Representative Rhoad, who is in serious condition.
The following was received:
Columbia, S.C., March 24, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hutto, Ritchie and Richardson of the Committee of Conference on the part of the Senate on H. 4272:
H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller,
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
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
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
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".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
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 motion of Rep. KENNEDY, with unanimous consent, the following was taken up for immediate consideration:
H. 5024 (Word version) -- Rep. Kennedy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO C. E. MURRAY HIGH SCHOOL "WAR EAGLES" GIRLS BASKETBALL TEAM, ITS COACHING STAFF, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE 2004 CLASS A STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to C. E. Murray High School "War Eagles" Girls Basketball team, its coaching staff, and other school officials at a date and time to be determined by the Speaker for the purpose of recognizing them for winning the 2004 Class A State Championship.
The Resolution was adopted.
The following was introduced:
H. 5025 (Word version) -- Reps. Hayes and McLeod: A HOUSE RESOLUTION CONGRATULATING, HONORING, AND RECOGNIZING JUDGE WILLIAM J. MCLEOD, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED JUDGES, UPON HIS ARRIVING AT THE AGE OF FOUR SCORE AND FIVE YEARS, AND FOR HIS
The Resolution was adopted.
The following was introduced:
H. 5026 (Word version) -- Reps. Walker and Mahaffey: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS, MINISTERS, STAFF, AND FRIENDS OF THE HOLLY SPRINGS BAPTIST CHURCH OF SPARTANBURG COUNTY ON THE OCCASION OF THE CELEBRATION OF ITS TWO HUNDREDTH ANNIVERSARY THIS YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
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
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 5027 (Word version) -- Reps. Harrell, W. D. Smith, Merrill, Clemmons, Cooper, Altman, Barfield, Cato, Ceips, Chellis, Duncan, Edge, Gilham, Hayes, Herbkersman, Keegan, Limehouse, Miller, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "UNIFORM AND FAIR GOLF COURSE VALUATION ACT OF 2004" BY ADDING SECTION 12-43-365 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY IS DETERMINED FOR AD VALOREM TAX PURPOSES AND THE PROCEDURES WHICH APPLY WITH RESPECT TO THIS DETERMINATION.
Referred to Committee on Ways and Means
S. 852 (Word version) -- Senator McGill: A BILL TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION.
Referred to Committee on Ways and Means
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bales Barfield Battle
Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Hayes Herbkersman J. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. 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 Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, March 25.
Mack Hines DeWitt McCraw James Harrison George Bailey Todd Rutherford Fletcher Smith Teddy Trotter Bessie Moody-Lawrence
H.B. "Chip" Limehouse Seth Whipper Douglas Jennings Jerry Govan Gloria Haskins Richard Quinn Ralph Davenport Becky Martin Joseph Neal Alex Harvin
Reps. KOON and JENNINGS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 24.
Reps. MCLEOD and HUGGINS presented to the House the Chapin High School Cheerleading Squad, the 2003 Class AA Champions, their coach and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4291 (Word version)
Date: ADD:
03/25/04 M. A. PITTS
Bill Number: H. 4291 (Word version)
Date: ADD:
03/25/04 OWENS
Bill Number: H. 4817 (Word version)
Date: ADD:
03/25/04 HARVIN
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
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 Resolution were taken up, read the second time, and ordered to a third reading:
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.
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
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.
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.
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.
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.
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.
Rep. HARRISON explained the Joint Resolution.
On motion of Rep. HOSEY, with unanimous consent, it was ordered that S. 951 (Word version) be read the third time tomorrow.
On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that S. 952 (Word version) be read the third time tomorrow.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 954 (Word version) be read the third time tomorrow.
On motion of Rep. ANTHONY, with unanimous consent, it was ordered that S. 955 (Word version) be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 956 (Word version) be read the third time tomorrow.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 957 (Word version) be read the third time tomorrow.
On motion of Rep. E. H. PITTS, with unanimous consent, it was ordered that S. 953 (Word version) be read the third time tomorrow.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 5019 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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 Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5902CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-850. (A) As used in this section, 'funeral procession' means two or more vehicles accompanying the body of a deceased person when each vehicle has its headlights on or is displaying a pennant attached in a manner as to clearly be visible to approaching traffic, or is escorted by a law enforcement vehicle.
(B) A vehicle in a funeral procession has the right-of-way at an intersection and may proceed through the intersection if the procession is led by an escort vehicle displaying flashing yellow, red, or blue lights, except when:
(1) an emergency vehicle requires the right-of-way;
(2) vehicles in the procession are directed otherwise by a law enforcement officer; or
(3) the vehicle is a train or locomotive.
(C) Before assuming the right-of-way, a person who drives a vehicle in a funeral procession shall exercise caution with regard to crossing traffic.
(D) A person who drives a vehicle that is not part of a funeral procession shall not drive the vehicle between the vehicles of the funeral procession or interfere with the progress of the procession, except when the:
(1) person is authorized to do so by a law enforcement officer; or
(2) vehicle is an emergency vehicle.
(E) A person who drives a vehicle that is not a part of a funeral procession shall not illuminate the vehicle headlights or engage in any other act for the purpose of securing the right-of-way granted to funeral processions.
(F) The escort vehicle, hearse, or other vehicles in a funeral procession may be equipped with flashing amber lights for the purpose of notifying the general public of the procession and gaining the right-of-way at intersections, or signaling the end of a procession.
(G) A person authorized to use flashing lights may use them while accompanying a funeral procession to warn traffic that a procession is approaching or that it is in progress.
(H) When a funeral procession is in progress, a person driving a vehicle not in the procession shall not pass in either direction or overtake any vehicle in the procession unless the:
(1) person is directed to do so by a law enforcement officer;
(2) procession is on a street, road, or highway outside the corporate limits of a city or town;
(3) driver is traveling in the opposite direction on a divided multi-lane highway, road, or street; or
(4) procession is on an interstate highway or a state parkway.
(I) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HOWARD explained the amendment.
Reps. COOPER, RICE, SANDIFER, DUNCAN, M. A. PITTS, WHITMIRE, THOMPSON, YOUNG, KENNEDY, CLARK and PINSON requested debate on the Bill.
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,
Rep. SINCLAIR explained the Bill.
Rep. WHIPPER made the Point of Order that the Bill was improperly before the House for consideration since its number and
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):
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
Rep. PARKS explained the amendment.
Rep. WHITE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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. WEEKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 4681 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS 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 Senate amendments were agreed to, and the Joint Resolution 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 Bill was taken up, read the third time, and ordered returned to the Senate with 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.
The motion period was dispensed with on motion of Rep. ALTMAN.
The following Bill was taken up:
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 Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5902CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-850. (A) As used in this section, 'funeral procession' means two or more vehicles accompanying the body of a deceased person when each vehicle has its headlights on or is displaying a pennant attached in a manner as to clearly be visible to approaching traffic, or is escorted by a law enforcement vehicle.
(B) A vehicle in a funeral procession has the right-of-way at an intersection and may proceed through the intersection if the procession is led by an escort vehicle displaying flashing yellow, red, or blue lights, except when:
(1) an emergency vehicle requires the right-of-way;
(2) vehicles in the procession are directed otherwise by a law enforcement officer; or
(3) the vehicle is a train or locomotive.
(C) Before assuming the right-of-way, a person who drives a vehicle in a funeral procession shall exercise caution with regard to crossing traffic.
(D) A person who drives a vehicle that is not part of a funeral procession shall not drive the vehicle between the vehicles of the funeral procession or interfere with the progress of the procession, except when the:
(1) person is authorized to do so by a law enforcement officer; or
(2) vehicle is an emergency vehicle.
(E) A person who drives a vehicle that is not a part of a funeral procession shall not illuminate the vehicle headlights or engage in any other act for the purpose of securing the right-of-way granted to funeral processions.
(F) The escort vehicle, hearse, or other vehicles in a funeral procession may be equipped with flashing amber lights for the purpose of notifying the general public of the procession and gaining the right-of-way at intersections, or signaling the end of a procession.
(G) A person authorized to use flashing lights may use them while accompanying a funeral procession to warn traffic that a procession is approaching or that it is in progress.
(H) When a funeral procession is in progress, a person driving a vehicle not in the procession shall not pass in either direction or overtake any vehicle in the procession unless the:
(1) person is directed to do so by a law enforcement officer;
(2) procession is on a street, road, or highway outside the corporate limits of a city or town;
(3) driver is traveling in the opposite direction on a divided multi-lane highway, road, or street; or
(4) procession is on an interstate highway or a state parkway.
(I) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HOWARD spoke in favor of the amendment.
Rep. SANDIFER moved to commit the Bill to the Committee on Judiciary.
Rep. HOWARD moved to table the motion, which was agreed to by a division vote of 38 to 28.
Rep. RICE moved to adjourn debate on the Bill until Tuesday, March 30.
Rep. HOWARD moved to table the motion.
Those who voted in the affirmative are:
Allen Anthony Bales Branham Breeland G. Brown J. Brown R. Brown Ceips Clyburn Coleman Emory Freeman Gourdine Govan J. Hines M. Hines Hosey Howard Jennings Kennedy Kirsh Lee Littlejohn Lloyd Lourie Mack McGee McLeod Miller Moody-Lawrence J. H. Neal Neilson Ott Parks E. H. Pitts Rhoad Richardson Rutherford Scott F. N. Smith J. E. Smith Trotter Weeks Whipper Young
Those who voted in the negative are:
Barfield Bingham Bowers Chellis Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gilham Hamilton Harrison Herbkersman Hinson Huggins Keegan Koon Leach Limehouse Loftis Lucas Mahaffey Martin McCraw Merrill Owens Perry M. A. Pitts Quinn Rice Sandifer Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith Stewart Stille Talley Taylor Thompson Toole Tripp
Umphlett Walker White Whitmire Wilkins Witherspoon
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate until Tuesday, March 30, which was agreed to.
Rep. J. BROWN moved that the House recur to the Morning Hour, which was agreed to.
On motion of Rep. E. H. PITTS, with unanimous consent, the following was taken up for immediate consideration:
H. 5028 (Word version) -- Reps. E. H. Pitts and Harrison: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS OF THE GLENFOREST SCHOOL BOYS BASKETBALL TEAM ON WEDNESDAY, MARCH 31, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON WINNING THE SCISA CLASS A STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, staff, and other school officials of the Glenforest School Boys Basketball Team on Wednesday, March 31, 2004, at a time to be determined by the Speaker, for the purpose of congratulating them on winning the SCISA Class A State Championship.
The Resolution was adopted.
The following was introduced:
H. 5029 (Word version) -- Reps. E. H. Pitts and Harrison: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE GLENFOREST SCHOOL BOYS BASKETBALL TEAM IN WEST COLUMBIA FOR WINNING THE SCISA CLASS A STATE CHAMPIONSHIP ON MARCH 6, 2004, AND TO WISH THE PLAYERS, COACHES, AND STAFF MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
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.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
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
The following was introduced:
H. 5032 (Word version) -- Reps. Toole, Bingham, Koon, E. H. Pitts, Clark, Ott, Frye, Huggins and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO WON STATEWIDE DISTRIBUTIVE EDUCATION CLUBS OF AMERICA (DECA) AWARDS IN MARKETING COMPETITION IN MYRTLE BEACH ON FEBRUARY 27-29, 2004, COMMEND THEM FOR THEIR TENACITY AND ENTREPRENEURIAL SPIRIT, AND WISH THEM AND THEIR TEACHER AND ADVISOR, CARL VADASZ, AND CO-ADVISOR, CAROL LYNN NUTE, WELL AS THEY COMPETE ON THE NATIONAL LEVEL MAY 1-5, 2004, IN NASHVILLE, TENNESSEE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1101 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. LUCY ROWE OF THE PLEASANT HILL COMMUNITY IN GEORGETOWN COUNTY UPON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO EXTEND TO HER BEST WISHES FOR MANY MORE HAPPY BIRTHDAYS TO COME.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
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.
On motion of Rep. WALKER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
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.
Without Reference
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.
Without Reference
H. 5036 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT
H. 5037 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-10-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING PAYMENT OF WAGES, SO AS TO INCLUDE BONUSES AND EXPENSE REIMBURSEMENTS IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-40, RELATING TO PAYMENT OF WAGES, SO AS TO DELETE CERTAIN REFERENCES; TO AMEND SECTION 41-10-50, AS AMENDED, RELATING TO PAYMENT OF WAGES DUE TO DISCHARGED EMPLOYEES, SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES, WAGES DUE MUST BE PAID WITHIN THIRTY DAYS OF SEPARATION OF EMPLOYMENT; TO AMEND SECTION 41-10-60, RELATING TO THE UNCONDITIONAL PAYMENT OF WAGES AN EMPLOYER CONCEDES ARE DUE, SO AS TO PROVIDE THAT AN EMPLOYER DOES NOT HAVE TO PAY THE AMOUNT OF THE WAGES THAT ARE IN DISPUTE; TO AMEND SECTION 41-10-80, AS AMENDED, RELATING TO CIVIL ACTIONS BY EMPLOYEES FOR FAILURE TO PAY WAGES, SO AS TO PROVIDE THAT IF A SUCCESSFUL CIVIL ACTION IS BROUGHT FOR DISPUTED WAGES, TREBLE DAMAGES AND ATTORNEYS' FEES CANNOT BE RECOVERED IF THE COURT FINDS A GOOD FAITH DISPUTE CONCERNING THE AMOUNT OF WAGES DUE AND PROVIDE FOR AN APPEAL TO THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 41-10-90, AS AMENDED, RELATING TO ACTIONS FOR COLLECTION OF PENALTIES, SO AS TO CLARIFY THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION OR HIS DESIGNEE SHALL TAKE APPROPRIATE ACTION, WHETHER LEGAL OR ADMINISTRATIVE, AGAINST THE ASSESSED EMPLOYER FOR COLLECTION OF THE PENALTY; AND TO AMEND SECTION 41-10-110, AS AMENDED, RELATING TO THE RIGHT OF THE COMMISSIONER OF LABOR TO ENTER AND TO CONDUCT AN INVESTIGATION, SO AS TO INCLUDE A DOCUMENT RELEVANT TO THE TOTAL COMPENSATION PACKAGE IN THE ITEMS THAT MAY BE INSPECTED.
Referred to Committee on Labor, Commerce and Industry
Rep. TOWNSEND asked unanimous consent to recall H. 5023 (Word version) from the Committee on Education and Public Works.
Rep. LOFTIS objected.
The Senate returned to the House with concurrence the following:
H. 5026 (Word version) -- Reps. Walker and Mahaffey: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS, MINISTERS, STAFF, AND FRIENDS OF THE HOLLY SPRINGS BAPTIST CHURCH OF SPARTANBURG COUNTY ON THE OCCASION OF THE CELEBRATION OF ITS TWO HUNDREDTH ANNIVERSARY THIS YEAR.
H. 5029 (Word version) -- Reps. E.H. Pitts and Harrison: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE GLENFOREST SCHOOL BOYS BASKETBALL TEAM IN WEST COLUMBIA FOR WINNING THE SCISA CLASS A STATE CHAMPIONSHIP ON MARCH 6, 2004, AND TO WISH THE PLAYERS, COACHES, AND STAFF MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
H. 5032 (Word version) -- Reps. Toole, Bingham, Koon, E.H. Pitts, Clark, Ott, Frye, Huggins and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO WON STATEWIDE DISTRIBUTIVE EDUCATION CLUBS OF AMERICA (DECA) AWARDS IN MARKETING COMPETITION IN MYRTLE BEACH ON FEBRUARY 27-29, 2004, COMMEND THEM FOR THEIR TENACITY AND ENTREPRENEURIAL SPIRIT, AND WISH THEM AND THEIR TEACHER AND ADVISOR, CARL VADASZ, AND CO-ADVISOR, CAROL LYNN NUTE, WELL AS THEY COMPETE ON THE NATIONAL LEVEL MAY 1-5, 2004, IN NASHVILLE, TENNESSEE.
At 11:20 a.m. the House in accordance with the motion of Rep. J. H. NEAL adjourned to meet at 10:00 a.m. tomorrow.
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