South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives
Printed Page 1861 . . . . . Wednesday, March 30, 2005
Wednesday, March 30, 2005
(Statewide Session)
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 Psalm 54:2: "Hear my prayer, O God; listen to the words of my mouth."
Let us pray. Living God, grant us faith to live God-fearing lives. Influence us with the power of Your spirit. Help us to be fearless and faithful in serving the people of this State. Spare us from making hasty actions. Grant us wisdom, in these days to take the right actions. Look in favor upon our Nation, President, State and leaders. Protect our defenders of freedom and keep them safe. In Your Holy name. 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.
MOTION ADOPTED
Rep. BAILEY moved that when the House adjourns, it adjourn in memory of Evans "Scrap Iron" Brown, which was agreed to.
REPORT RECEIVED
The following was received:
Findings of Fact
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
Printed Page 1862 . . . . . Wednesday, March 30, 2005
Wil Lou Gray Opportunity School
At-large James L. Angle
At-large (term expires 2007) John B. Shennan, Jr.
Winthrop University
At-large, seat 7 Raghu Korrapati
Susan J. Smith-Rex
Respectfully submitted,
Rep. Olin Phillips, Chm. Sen. Thomas Alexander
Rep. Becky Martin Sen. Linda Short
Rep. Lanny F. Littlejohn Sen. Jake Knotts
Rep. Jesse E. Hines Sen. Harvey S. Peeler, Jr.
COMMITTEE TO SCREEN CANDIDATES
FOR BOARDS OF TRUSTEES
OF STATE COLLEGES AND UNIVERSITIES
********
Tuesday, March 29, 2005
10:41 a.m. - 11:03 a.m.
The candidate screening was conducted on March 7th, 2005 at 427 Blatt Building, Columbia, South Carolina, on the 29th day of March, 2005 before Sonya K. Grice, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
Representative Olin Phillips
Senator Harvey S. Peeler, Jr.
ALSO PRESENT:
Sophia Floyd
CHAIRMAN PHILLIPS: We'll call the meeting to order. This is a summation of candidates that were not able to attend the Joint Legislative Screening Committee for Boards and Commissions on Colleges and Universities on March 7th we screened numerous candidates for these positions. And today we are having a followup and we'll be screening Wil Lou Gray Opportunity School at-large, and
Printed Page 1863 . . . . . Wednesday, March 30, 2005
also we'll be screening Winthrop University seat at-large. And I'd like to introduce you to the ones that are here. Senator Peeler from Cherokee, Spartanburg, Union, York, everywhere in the upstate, I always say to him. And certainly Sophia Floyd, our staff member, and Sonya with the Creel agency who will be taking our minutes here today and then transcribing them later. And I am Olin Phillips from Cherokee, Chairman of the Joint Legislative Screening Committee. At this time, I would like to go ahead and ask the Wil Lou Gray Opportunity School at-large, Mr. James Angle. Mr. Angle, come around, please, sir. Before we start, I'd like to introduce Scott Ramsey, who is the Assistant to Senator Peeler, staff assistant. Okay. Mr. Angle, please raise your right hand, sir. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. ANGLE: Yes, sir.
CHAIRMAN PHILLIPS: Yes, sir. Mr. Angle, do you hold any other elected positions that would cause a conflict of dual office-holding?
MR. ANGLE: No, sir.
CHAIRMAN PHILLIPS: None. Now, do you have any health problems that the Committee needs to be made aware of?
MR. ANGLE: No, sir.
CHAIRMAN PHILLIPS: Do you have any hobbies, personal or anything that would be a conflict of interest by serving on the Board at Wil Lou Gray?
MR. ANGLE: No, sir.
CHAIRMAN PHILLIPS: Well, give us a short statement, sir.
MR. ANGLE: Sir, as a graduate of the Opportunity School, I believe that all of my accomplishments are a direct result of that school. I was a high school dropout. I realized I needed an education, and the Wil Lou Gray Opportunity School afforded me that opportunity to get a GED and get a State diploma. Since graduating there, I've completed an MBA and an MS in Engineering Technology, currently enrolled in the National Defense University, certified CIO for the Department of Defense, and I hold several certifications in the computer area. Everything that I've gotten I believe is a result of my participation in the Wil Lou Gray Opportunity School. They instilled in me a passion for education that, still today, I still have. This is a school that is for many of us a school of last resort. If it had not been for them, myself and many other students would not ever get a chance to proceed on in education. And with that in mind is the reason I want to apply for this position and to serve on the Board of Trustees is that I really believe I owe the school something for all they have given me.
Printed Page 1864 . . . . . Wednesday, March 30, 2005
CHAIRMAN PHILLIPS: Sir, what year did you finish?
MR. ANGLE: I graduated in - I got my GED in 1970 and graduated June of '71.
CHAIRMAN PHILLIPS: I want to commend you for the accomplishments you've made because it seems like you most probably were in a troubled position at one time by having to attend Wil Lou Gray, that's what that school is about, trying to bring kids back into the mainstream when they seem to want to get to the left sometimes. And I want to commend you for the accomplishments you've made.
MR. ANGLE: Thank you, sir.
CHAIRMAN PHILLIPS: And thank you for what you said about Wil Lou Gray. We think the same thing. Senator, do you have any questions for Mr. Angle?
SENATOR PEELER: No, sir. I agree with what you said and I move for a favorable report.
CHAIRMAN PHILLIPS: Yes, sir. Okay. Mr. Angle, we will have, possibly by Thursday, we should have this in the Journal, and after the Journal is printed on Thursday, you may seek support for this seat you're running for. That's probably, I'd say 11:00 Thursday. We'll have it in there when we come in that morning, and I'll read it, and I'll make them aware that it's in the Journal. They can look at the Journal, read what you have just said to us. It will be published, and we'll let you solicit votes after 11:00 Thursday. Thank you, sir. Thank you for coming.
MR. ANGLE: Thank you.
CHAIRMAN PHILLIPS: Okay. And now we'll have Mr. William F. Champy, Jr. Mr. Champy? Okay. Is Mr. John Shennan here?
MR. SHENNAN: Yes, sir, I am.
CHAIRMAN PHILLIPS: Mr. Shennan, would you come around, sir? Mr. Shennan, before I swear you, we're going to let you screen for - Senator, this is one filling a position of Butch Spires who just passed, and rather than holding another committee meeting, I decided to let Mr. Shennan come before us today, and the screening report today will be subject to his SLED report and any other information that we mark him favorable, but I thought we'd just do it all at one time while we had an opportunity to get him here. So, Mr. Shennan, will you please raise your right hand? Will the information given here today be the truth, nothing but the truth, so help you God?
MR. SHENNAN: Yes, sir.
Printed Page 1865 . . . . . Wednesday, March 30, 2005
CHAIRMAN PHILLIPS: Mr. Shennan, do you hold any other elected positions --
MR. SHENNAN: I do not.
CHAIRMAN PHILLIPS: None. Appointed or any other positions? Nothing?
MR. SHENNAN: I'm on the Work Force Investment Board for Spartanburg, Cherokee and Union Counties.
CHAIRMAN PHILLIPS: Okay. And, sir, you don't have any health problems that would constitute your not being able to make the Board meetings?
MR. SHENNAN: No, sir. I have no health problems.
CHAIRMAN PHILLIPS: Do you have any hobbies or professional activities that would cause a conflict of interest?
MR. SHENNAN: Absolutely not.
CHAIRMAN PHILLIPS: All right, sir. Give us a short statement.
MR. SHENNAN: I am the Director of Piedmont Community Actions in Spartanburg and Cherokee Counties and have been for 30 years. Even before that, I had an interest in disadvantaged and troubled youth and youth that needed that extra push. I have been on the Youth Advocacy Board which is a South Carolina board, and I'm on the Youth Council of the Work Force Investment Board, and our agency has a youth leadership program that's part of the Governor's youth leadership program. I graduated from Wofford College and took graduate courses from the University of Maryland and have been - oh, in my church I also was the Youth Director, but that's been a few years ago. So I've always been interested in youth, and that would be the reason that I would want to serve on the Wil Lou Gray Board. I feel like I've got something to give. Also, our former Board, the Chairperson of our Board is the Board Chairperson of the Wil Lou Gray Board, and serving with him would be an honor.
CHAIRMAN PHILLIPS: Okay, sir. And you are now working with Piedmont Community Action in Cherokee and Spartanburg?
MR. SHENNAN: Cherokee and Spartanburg, right. And we have the Ivywood Apartments up in Cherokee County.
CHAIRMAN PHILLIPS: Where is that located? Is that in the old [inaudible]?
MR. SHENNAN: It's right out - you can see it from the interstate. It's right behind the - it's not the Waffle House. It's --
SENATOR PEELER: Mr. Waffle?
MR. SHENNAN: Mr. Waffle. If you look right behind there, it's a two-storey apartment complex, 96 units.
Printed Page 1866 . . . . . Wednesday, March 30, 2005
CHAIRMAN PHILLIPS: Okay. Senator, any questions?
SENATOR PEELER: No, sir. Now, this is to fill --
CHAIRMAN PHILLIPS: This is to fill for Butch Spires.
SENATOR PEELER: And it's open now?
CHAIRMAN PHILLIPS: And he's unopposed, and our screening today would be subject to any other information that comes in, a SLED report or anything that would be unfavorable, then we would have to just take it up again.
SENATOR PEELER: Move favorable report.
CHAIRMAN PHILLIPS: All right, sir.
SENATOR PEELER: Subject to --
CHAIRMAN PHILLIPS: Subject to clearance of all activity because he hasn't filled out all of his papers yet, but I feel like there's no problem with him, so we'll get this behind us so we wouldn't have to call up another committee meeting just for one person. And thank you, Mr. Shennan.
MR. SHENNAN: Thank you very much.
CHAIRMAN PHILLIPS: And what will happen on yours is you will not be -- because you're unopposed, it doesn't matter. We'll notify you at the time you may solicit. The election is not going to be until the 27th of - it's a Joint Committee meeting on the 27th, I believe, of April, so we've got plenty of time to screen, to get everything in on you. Then we'll notify you that you can come down and meet and talk.
MR. SHENNAN: Very good.
CHAIRMAN PHILLIPS: Thank you, sir.
MR. SHENNAN: Thank you.
CHAIRMAN PHILLIPS: Okay. We'll go to Winthrop University, there's one seat at-large, Seat 7, and we had some folks who couldn't be here last time. Mr. Raghu Korrapati?
MR. KORRAPATI: Good morning, sir.
CHAIRMAN PHILLIPS: Would you please raise your right hand, Mr. Korropati? Will the information given here today be the truth, nothing but the truth, so help you God?
MR. KORRAPATI: I do.
CHAIRMAN PHILLIPS: Okay. Mr. Korrapati, do you hold any other elected positions or appointed positions that would maybe cause a conflict of interest?
MR. KORRAPATI: No, sir.
CHAIRMAN PHILLIPS: None. Do you have any health problems that we need to be made aware of?
MR. KORRAPATI: No, sir.
Printed Page 1867 . . . . . Wednesday, March 30, 2005
CHAIRMAN PHILLIPS: None. Do any of your professional or your hobbies or anything, professional work that would cause a conflict of interest at the University?
MR. KORRAPATI: None.
CHAIRMAN PHILLIPS: None. Sir, go ahead with a short statement.
MR. KORRAPATI: I worked for the South Carolina Commission on Higher Education from 1992 to '98. South Carolina Commission on Higher Education recently reported that Winthrop University is a top rated and quality university. This is why I want to apply for the position of Winthrop University's Board member. I believe I have a unique combination of experience in applied business, computer technology and higher education that will make a difference of student, faculty and administration at Winthrop University. I'm a graduate of the University of South Carolina. I have a doctorate in Computer Science, master's in Business Administration, and an engineering degree in Computer Science and Technology. I'm a teacher and mentor, and my personal mission is to exceed student expectations by delivering superior instruction and facilitating positive social change in their lives. I'm mentoring students to the importance and value of higher education. I care about students and [inaudible] higher education. I believe education contributes the individual's well-being and makes a difference. I look forward to serving on the Winthrop University Board as an active board member.
CHAIRMAN PHILLIPS: Thank you, sir. Senator, do you have any questions for Mr. Korrapati?
SENATOR PEELER: How long have you been in the U.S.?
MR. KORRAPATI: Since 1991.
SENATOR PEELER: '91. What brought you here?
MR. KORRAPATI: I'm a graduate of USC.
SENATOR PEELER: No further questions, Mr. Chairman.
CHAIRMAN PHILLIPS: No other questions. I have none. Thank you for offering.
SENATOR PEELER: Move favorable report.
CHAIRMAN PHILLIPS: Senator moves favorable report. I second it. So Mr. Korrapati, you can solicit at 11:00 Thursday. Thank you, sir.
MR. KORRAPATI: Thank you.
CHAIRMAN PHILLIPS: Okay. We've got Susan J. Smith-Rex. Ms. Smith-Rex, would you please raise your right hand? Will the information given here today be the truth, nothing but the truth, so help you God?
MS. SMITH-REX: I do. I will. Yes, sir.
Printed Page 1868 . . . . . Wednesday, March 30, 2005
CHAIRMAN PHILLIPS: Thank you very much. Do you hold any other elected or appointed positions in the community?
MS. SMITH-REX: No, I don't.
CHAIRMAN PHILLIPS: None. Do you have any health problems we need to be made aware of or anything?
MS. SMITH-REX: I do not.
CHAIRMAN PHILLIPS: None. Any professional or hobbies that would cause a conflict of interest by serving at Winthrop; would it?
MS. SMITH-REX: No conflict, sir.
CHAIRMAN PHILLIPS: All right. Give us a short statement.
MS. SMITH-REX: Well, I have 30 years in education. I retired in 2002 from Winthrop University. I was a professor for 23 years. And I'm an author, 12 books. And over the 23 years that I was at Winthrop, I brought in over $3 Million in grant money. Some of that money was awarded through our Legislature. One of the things that I stressed during those years was close collaboration with K through 12, and the services that I provided through my office were for not only public but private schools as well, and most of it was curriculum and in-servicing that we provided. So I feel as if it's very important for colleges and universities across our state to work closely with the K through 12 so we can prepare those students to come to college. By the year 2007, they say that out of every three students in college, two of them are going to be girls, and so I have a real interest in trying to increase the male enrollment in our universities. Although this is not my career, I just wanted to mention that through my husband who was interim President at Columbia College for several years and also the Vice President for Advancement at USC for many years, I got an opportunity to kind of step back from the professor role and look at the importance of what a board does in working in the community, in terms of fund-raising and supporting the efforts of our colleges and universities. So instead of just always looking from the inside out, I tried to over the years look from the outside in as to what a Board of Trustee's responsibility is. I believe that from the university level we not only have to prepare students who are competent in moving out into the work force, but I think it's important for the Board of Trustees to play an important role in working with business and industry so that we have a clear idea of what our state needs to be doing to attract businesses to our different locations across the state and to have students who are trained to fill those positions. Sometimes I use the slogan that we have to train the brain and stop the drain because I really believe that we lose a lot of really bright students because we don't
Printed Page 1869 . . . . . Wednesday, March 30, 2005
have a lot of options for them. And so I think that our universities can play an important role in collaborating with business and industry to provide options for our bright students, all of our students really, to be able to stay in the state and support our state. I am retired. I do some consulting, and I have a small business venture, but I do have the time, the energy and the desire to serve Winthrop University. It's not only regionally and nationally well-known, but I think that that image can be strengthened through a continuing effective Board, and I'd be honored to be able to serve on the Board of Trustees at Winthrop University.
CHAIRMAN PHILLIPS: Thank you. Any question, Senator?
SENATOR PEELER: Yes, ma'am. Are you registered to vote?
MS. SMITH-REX: Excuse me?
SENATOR PEELER: Are you registered to vote?
MS. SMITH-REX: Yes, sir.
SENATOR PEELER: I see where it says you use your driver's license number, I didn't know if it --
MS. SMITH-REX: I'm not sure when I filled - did I make a mistake there?
SENATOR PEELER: No. It just says, "I use my driver's license number" on the voter registration number, and I just was curious.
MS. SMITH-REX: Oh. I am registered, yes, sir. Yes.
SENATOR PEELER: If not, get registered.
MS. SMITH-REX: I am.
SENATOR PEELER: No further questions.
MS. SMITH-REX: I vote regularly.
CHAIRMAN PHILLIPS: You said you have written 12 books?
MS. SMITH-REX: Yes, sir.
CHAIRMAN PHILLIPS: What do you write on? I mean, basically, what are some of the books you've written?
MS. SMITH-REX: My field is special education. That's what I've taught all these years, but the books are geared for basically upper elementary/middle school students on different at-risk issues. I've done 20 years of researching work on the topic of school bullying, and do a lot of consulting nationally on that. Working with kids in terms of depression, attention deficit disorders, different at-risk issues. I just finished one on working with the unmotivated student learner. So they're education books.
CHAIRMAN PHILLIPS: That's what I wanted to know.
MS. SMITH-REX: Yeah. They are.
CHAIRMAN PHILLIPS: Okay.
SENATOR PEELER: Favorable report, Mr. Chairman.
Printed Page 1870 . . . . . Wednesday, March 30, 2005
CHAIRMAN PHILLIPS: Senator Peeler moves favorable report. I second it. You will also be able to solicit on Thursday at 11:00 for this position; okay?
MS. SMITH-REX: All right.
CHAIRMAN PHILLIPS: And we don't have anybody else. Nobody else? Did we leave anybody out? Well, thank you, Senator, for coming. Thank y'all for coming, and thank you for offering yourselves for these positions.
(Off the Record Discussion)
CHAIRMAN PHILLIPS: Senator Peeler?
SENATOR PEELER: Yes, sir.
CHAIRMAN PHILLIPS: Mr. Champy has been notified several times about his screening time, and he's not appeared at either time. We've sent letters, called him on the phone.
MS. FLOYD: He called me Thursday and asked for directions.
CHAIRMAN PHILLIPS: Okay. We've done everything possible to offer him a chance to come before the screening committee. The law says you've got to be screened; everybody has to be screened. At this time, I'd like to move that we disqualify him because he failed to appear at all times and failed to come before the Committee, and that disqualifies his application.
SENATOR PEELER: Mr. Chairman, is that the normal procedure?
CHAIRMAN PHILLIPS: We've never had to do one. This is the only one we've ever had to do. And I don't know any other way. We can't continue to hold this open for somebody who hasn't made any attempt to get here. And he only has to come from Orangeburg.
SENATOR PEELER: Well, I guess that's all we can do.
CHAIRMAN PHILLIPS: Yeah. We've made every effort.
MS. FLOYD: And he said he was coming both times.
SENATOR PEELER: Did he have a reason why he missed the first time?
MS. FLOYD: Huh-uh (negative response). He didn't give me one.
SENATOR PEELER: I'd like to give him the benefit of the doubt, but I really don't know what other option we have, Mr. Chairman.
CHAIRMAN PHILLIPS: The problem we have is we have to continue to hold these elections open until he comes, and we've made every effort. We usually, if it's a case where somebody's sick or somebody's gone on vacation or something happened and they have to be out, we've been very lenient with that from time to time, and at this time, I think we've done everything we can do. And we'll notify him that we are withdrawing his name from this one. He can qualify next year if
Printed Page 1871 . . . . . Wednesday, March 30, 2005
he'd like to because it is an at-large. All of these seats are at-large. Would you give him a letter to that effect?
MS. FLOYD: I will.
CHAIRMAN PHILLIPS: All right. Any others? What we have done, we have just declared Mr. Champy now for failure to appear before the Screening Committee on two numerous occasions with all the contact that we can make towards him through telephone conversations, through letters, and he failed to appear. So at this time, we are disqualifying him and withdrawing his name from consideration for Wil Lou Gray at-large Seat Number - well, there's no seat number, but it's an unexpired term to expire in 2008. Any questions of anybody? Thank you very much. Senator, thank you for coming.
(Concluded at 11:03 a.m.)
Received as information.
REPORTS OF STANDING COMMITTEES
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. V. Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews, Rankin and Campsen: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS
Printed Page 1872 . . . . . Wednesday, March 30, 2005
BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3393 (Word version) -- Reps. M. A. Pitts, Anthony, Duncan, Hardwick, Herbkersman, Sinclair and Witherspoon: A BILL TO AMEND SECTION 50-13-1135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL OR NONCOMMERCIAL FISHING LICENSES REQUIRED FOR TAKING NONGAME FISH IN FRESHWATERS WITH CERTAIN FISHING DEVICES, SO AS TO PROVIDE THAT A JUG PERMIT IS NOT REQUIRED FOR RESIDENTS ASSISTING JUG PERMIT HOLDERS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 127 (Word version) -- Senators Martin, Ford, McConnell, Moore, Knotts, Campsen, Elliott, Alexander, Leatherman, Leventis and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-250, SO AS TO PROVIDE THAT WORKERS' COMPENSATION COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT, AS CONTAINED IN RULE 501 OF THE SOUTH CAROLINA APPELLATE COURT RULES, AND TO REQUIRE WORKERS' COMPENSATION COMMISSIONERS AND THEIR ADMINISTRATIVE ASSISTANTS TO ATTEND YEARLY A WORKSHOP CONCERNING ETHICS AND THE ADMINISTRATIVE PROCEDURES ACT.
Ordered for consideration tomorrow.
Printed Page 1873 . . . . . Wednesday, March 30, 2005
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3189 (Word version) -- Reps. Merrill, Brady, Scarborough, Cobb-Hunter, Whipper, Toole, Ballentine, Hagood, McLeod and R. Brown: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3196 (Word version) -- Reps. Whitmire, Mahaffey and Sandifer: A BILL TO AMEND SECTION 33-31-708, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION TAKEN BY BALLOT OF A NONPROFIT CORPORATION, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC BALLOT.
Ordered for consideration tomorrow.
Printed Page 1874 . . . . . Wednesday, March 30, 2005
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3244 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3411 (Word version) -- Reps. Harrison and Clemmons: A BILL TO AMEND SECTION 5-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE COUNTING IN MUNICIPAL ELECTIONS, SO AS TO DELETE THE REQUIREMENT THAT IN THE CASE OF A CONTESTED ELECTION INCUMBENTS HOLD OVER UNTIL THE CONTEST IS FINALLY DETERMINED; AND TO AMEND SECTION 5-15-140, RELATING TO CONTESTING A MUNICIPAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE OF APPEAL OF THE DECISION OF THE MUNICIPAL ELECTION COMMISSION ACTS AS A STAY OF FURTHER PROCEEDINGS PENDING THE APPEAL.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3410 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTIONS 33-1-200 AND 33-31-120, AS AMENDED, BOTH RELATING TO THE FILING REQUIREMENTS OF CERTAIN DOCUMENTS, SO AS TO PROVIDE THAT THE DOCUMENT MUST BE IN A MEDIUM AND FORM AS PERMITTED BY THE SECRETARY OF STATE.
Ordered for consideration tomorrow.
Printed Page 1875 . . . . . Wednesday, March 30, 2005
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3325 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-4-1115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT BETWEEN AN IMPORTER AND A FOREIGN BREWER, SO AS TO CLARIFY THAT A FOREIGN BREWER INCLUDES ITS SUCCESSOR OR ASSIGNEE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3285 (Word version) -- Reps. Wilkins and Clemmons: A BILL TO AMEND SECTION 1-23-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL REVIEW OF DECISIONS BY AN ADMINISTRATIVE LAW JUDGE, SO AS TO PROVIDE THAT A FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE INVOLVING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE APPEALED AS A MATTER OF RIGHT TO THE COURT OF APPEALS.
Ordered for consideration tomorrow.
HOUSE RESOLUTION
The following was taken up for immediate consideration:
H. 3811 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE STUDENTS, STAFF, AND SPONSORS OF TEENPACT ON FRIDAY, APRIL 22, AND ON FRIDAY, APRIL 29, 2005, FROM 1:45 P.M. UNTIL 4:00 P.M., FOR THE PURPOSE OF HONORING TEENPACT STUDENTS DURING THEIR GRADUATION.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the students, staff, and sponsors of TeenPact on Friday, April 22, and on Friday, April 29, 2005, from 1:45 p.m. until 4:00 p.m., for the purpose of honoring TeenPact students during their graduation. If the House of Representatives is in statewide
Printed Page 1876 . . . . . Wednesday, March 30, 2005
session or if the House Chamber is otherwise unavailable, the House Chamber may not be used on those dates.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.
The Resolution was adopted.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 608 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO EXPRESS THE STRONG BELIEF OF THE SOUTH CAROLINA GENERAL ASSEMBLY THAT THE GENOCIDE IN DARFUR, SUDAN, SHOULD BE ENDED, AND TO EXPRESS SUPPORT FOR SPECIFIC STEPS TO ACCOMPLISH THIS PURPOSE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3812 (Word version) -- Rep. Weeks: A BILL TO AMEND SECTION 24-21-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PERIOD A PERSON MAY SERVE A PROBATIONARY SENTENCE OR HAVE HIS SENTENCE SUSPENDED, SO AS TO PROVIDE THAT THE MAXIMUM PERIOD MAY BE TOLLED WHEN THE PERSON HAS VIOLATED THE CONDITIONS OF HIS PROBATION.
Referred to Committee on Judiciary
H. 3813 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTIONS 25-1-3235 AND 25-1-3240, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD PENSION FUND AND ELIGIBILITY FOR THE NATIONAL GUARD PENSION AND THE ADMINISTRATION OF PENSIONS FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO ESTABLISH THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE NATIONAL GUARD PENSION FUND AND
Printed Page 1877 . . . . . Wednesday, March 30, 2005
PROVIDE FOR THE INVESTMENT OF ITS FUNDS AS THE FUNDS OF OTHER STATE RETIREMENT FUNDS ARE INVESTED, PROVIDE FOR THE ADMINISTRATION OF THOSE PENSIONS BY THE RETIREMENT SYSTEM OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE FOR THE EXPENSES OF ADMINISTRATION TO BE PAID FROM EARNINGS.
Referred to Committee on Ways and Means
H. 3815 (Word version) -- Reps. Witherspoon, Frye and J. Hines: A BILL TO AMEND SECTION 48-34-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR DAMAGES, INJURY, OR LOSS CAUSED BY PRESCRIBED FIRE, SO AS TO PROVIDE THAT GROSS NEGLIGENCE RATHER THAN NEGLIGENCE MUST BE PROVEN BEFORE A PROPERTY OWNER OR LESSEE OR HIS AGENT OR EMPLOYEE CONDUCTING A PRESCRIBED BURN IS LIABLE FOR DAMAGES, INJURY, OR LOSS.
Referred to Committee on Judiciary
S. 80 (Word version) -- Senators McConnell, Moore, Campsen, Verdin, Alexander, Gregory, Grooms and Richardson: A BILL TO AMEND 2-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO PROVIDE FOR CODE DISTRIBUTION TO NEWLY CREATED AND REORGANIZED STATE AGENCIES; TO AMEND CHAPTER 30, TITLE 1, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE POWER TO ORGANIZE AND REORGANIZE A DEPARTMENT INTO DIVISIONS LIES WITH THE GENERAL ASSEMBLY IN FURTHERANCE OF ITS MANDATE PURSUANT TO ARTICLE XII OF THE SOUTH CAROLINA CONSTITUTION, TO CREATE THE DEPARTMENTS OF ADMINISTRATION AND BEHAVIORAL HEALTH SERVICES, TO RENAME THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO THE DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE, TO ESTABLISH THE DEPARTMENT OF NATURAL RESOURCES AS A CABINET AGENCY GOVERNED BY A DIRECTOR WHO IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE ORGANIZATION, GOVERNANCE, DUTIES, FUNCTIONS, AND
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PROCEDURES OF VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION AND REMOVAL OF GOVERNING AUTHORITIES; TO AMEND SECTION 1-11-20, RELATING TO THE DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO DELETE OBSOLETE REFERENCES AND TO REFLECT THE TRANSFER OF THE DIVISION OF GENERAL SERVICES, THE OFFICE OF HUMAN RESOURCES, AND THE OFFICE OF ENERGY FROM THE BOARD TO THE SOUTH CAROLINA DEPARTMENT OF ADMINISTRATION AS PROVIDED IN SECTION 1-30-22, TO ADD SECTIONS 1-11-54 AND 1-11-185, SO AS TO FURTHER PROVIDE FOR THE TRANSFERS, AND ARTICLE 9, CHAPTER 11 OF TITLE 1, SO AS TO CREATE THE COORDINATING COUNCIL FOR CULTURAL AND INFORMATION SERVICES; AND TO AMEND THE FOLLOWING SECTIONS ALL SO AS TO CONFORM THEM TO THE TRANSFERS: 1-1-970; 1-1-1410, AS AMENDED; 1-11-22; 1-11-55; 1-11-56; 1-11-57; 1-11-58; 1-11-65, AS AMENDED; 1-11-70; 1-11-80; 1-11-90; 1-11-100; 1-11-110; 1-11-180; 1-11-220; 1-11-225; 1-11-250 AND 1-11-260, BOTH AS AMENDED; 1-11-270, AS AMENDED; 1-11-280; 1-11-290; 1-11-300, AS AMENDED; 1-11-310, AS AMENDED; 1-11-320; 1-11-335; 1-11-340; 1-11-435; 1-11-710; 1-11-770, AS AMENDED; 2-47-30, 2-47-56; CHAPTER 9, TITLE 3; CHAPTER 9, TITLE 10; 10-1-30; 10-1-130; 10-1-180; 10-1-190; 10-5-230, AS AMENDED; 10-5-270, AS AMENDED; 10-7-10, AS AMENDED; 10-11-50, AS AMENDED; 10-11-90; 10-11-110; 11-9-610, 11-9-620; 11-9-630; 11-11-57; 11-35-1580, AS AMENDED; 11-35-3810, 11-35-3820, 11-35-3830, AND 11-35-3840, ALL AS AMENDED; 11-35-4020, AS AMENDED; 13-7-10, AS AMENDED; 13-7-30, AS AMENDED; 13-7-830, AS AMENDED; 23-1-230; 23-47-30; 23-47-50, AS AMENDED; 44-53-530; 44-96-140; 48-52-410; 48-52-620; 48-52-635; 48-52-680; 48-46-30; 48-46-40; 48-46-50; 48-46-60; 48-46-90; 58-9-2540, AS AMENDED; 59-150-60; AND 59-150-390; AND TO REPEAL SECTIONS 1-11-315, RELATING TO A PLAN FOR USE OF AN ALTERNATIVE FUEL BY STATE VEHICLES; 1-11-430, RELATING TO THE BUDGET AND CONTROL BOARD'S GOVERNING SUPPLY AND USE OF TELECOMMUNICATIONS FOR STATE GOVERNMENT; AND 48-52-435, 48-52-440, AND 48-52-460, ALL RELATING TO ESTABLISHMENT OF AN ENERGY ADVISORY COMMITTEE; BY ADDING ARTICLE 9, CHAPTER 11 OF TITLE 1, SO AS TO ESTABLISH THE DIVISION OF THE
Printed Page 1879 . . . . . Wednesday, March 30, 2005
STATE CHIEF INFORMATION OFFICER IN THE BUDGET AND CONTROL BOARD; TO AMEND THE CODE BY ADDING CHAPTER 8 OF TITLE 1, SO AS TO ESTABLISH THE OFFICE OF THE STATE INSPECTOR GENERAL IN THE DEPARTMENT OF ADMINISTRATION; TO AMEND SECTIONS 20-7-2379, 20-7-2385, AND 20-7-2386, ALL AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SECTIONS 20-7-5210 AND 20-7-5240, RELATING TO THE CHILDREN'S CASE RESOLUTION SYSTEM, AND SECTIONS 43-21-10, 43-21-20, 43-21-45, 43-21-60, 43-21-70, AND 43-21-100, AS AMENDED, SECTION 43-21-110, AND SECTION 43-21-150, AS AMENDED, ALL RELATING TO THE DIVISION ON AGING, SO AS TO MAKE TO MAKE TECHNICAL CORRECTIONS AND CONFORMING CHANGES TO REFLECT THE ABOVE TRANSFERS TO THE OFFICE OF THE LIEUTENANT GOVERNOR; AND TO REPEAL SECTIONS 43-21-120, 43-21-130, AND 43-21-140, RELATING TO THE COORDINATING COUNCIL AND THE LONG-TERM CARE COUNCIL AND ITS DUTIES; TO ESTABLISH THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND TO ESTABLISH WITHIN THIS DEPARTMENT THE DIVISIONS OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, CONTINUUM OF CARE, AND MENTAL HEALTH BY TRANSFERRING TO THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES THE OPERATIONS OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE OPERATIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN FROM THE GOVERNOR'S OFFICE, AND THE OPERATIONS OF THE DEPARTMENT OF MENTAL HEALTH AND TO TRANSFER TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS THE OPERATIONS OF THE BABYNET SERVICES PROGRAM FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO CONFORM THE FOLLOWING TO THIS RESTRUCTURING, BY AMENDING SECTIONS 8-11-945, 9-11-10, 11-11-170, 12-21-2975, 14-1-203, 14-1-204, 14-1-205, 14-1-208, 16-25-20, 16-25-65, 17-24-40, 20-7-670, 20-7-765, 20-7-2725; ARTICLE 23, CHAPTER 7, TITLE 20; SECTIONS 20-7-5710, 20-7-5910, 20-7-8515, 20-7-9710, 24-1-280, 24-3-110; ARTICLE 19, CHAPTER 13, TITLE 24; SECTIONS 24-13-2140, 24-23-40, 40-47-140, 40-55-90, 40-75-290, 40-75-300, 42-1-480, 43-5-1185, 43-5-1190, 43-21-120, 43-35-10, 43-35-310, 44-7-
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210; ARTICLE 21, CHAPTER 7, TITLE 44; CHAPTER 9, TITLE 44; SECTIONS 44-11-10, 44-11-30, 44-11-60, 44-11-70, 44-11-80; CHAPTER 13, TITLE 44; CHAPTER 15, TITLE 44; BY ADDING SECTION 44-17-305; BY AMENDING SECTIONS 44-17-410, 44-17-450, 44-17-460, 44-17-580, 44-17-860, 44-17-865, 44-17-870, 44-20-20; CHAPTER 22, TITLE 44; CHAPTER 23, TITLE 44; SECTIONS 44-27-10, 44-27-30, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-36-20, 44-36-330, 44-37-40, 44-38-380, 44-48-30, 44-48-50, 44-48-100, 44-48-110, 44-48-120, 44-48-130; CHAPTER 49, TITLE 44; SECTIONS 44-52-10, 44-52-165, 44-52-200, 44-53-110, 44-53-310, 44-53-450, 44-53-480, 44-53-490, 44-53-500, 44-107-80, 44-128-50, 50-21-112, 56-1-385, 56-1-1330, 56-5-2990, 56-21-70, 59-20-41, 59-36-20, 59-150-230, 61-12-20, 61-12-50, AND 62-5-105; TO AMEND SECTIONS 9-1-1870, 9-11-315, 11-7-40, 12-54-240, AS AMENDED, 20-7-2640, AS AMENDED, 20-7-9710, AS AMENDED, 38-55-530; 39-29-10, AS AMENDED, 43-5-1280, 43-7-60, 43-7-410, AS AMENDED, 43-7-420, 43-7-430, 43-7-440, AS AMENDED, 43-7-460, AS AMENDED, 44-6-5, 44-6-10, 44-6-45, 44-6-140, 44-6-146, 44-6-170, 44-6-400, 44-6-530, 44-6-620, 44-6-630, 44-6-640, 44-6-720, 44-6-730, 44-7-84, 44-7-90, 44-37-40, 44-38-30, 44-39-20, 44-61-30, 59-1-450, 59-123-60, AS AMENDED, AND 59-123-125, ALL RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CHANGE REFERENCES TO BOTH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE; TO AMEND SECTION 44-6-30, RELATING TO THE DUTIES OF THE DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE, SO AS TO REQUIRE THE DEPARTMENT TO IMPLEMENT AN ELECTRONIC CASE MONITORING SYSTEM; TO ADD SECTION 43-1-270 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE A SPECIFIED NUMBER OF CHILD DEVELOPMENT SERVICES SLOTS IN CERTAIN COUNTIES USING STATE AND TITLE XX FUNDING; TO RENAME CHAPTER 6, TITLE 44 "DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE"; AND TO REPEAL ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES PROVIDED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND CHAPTER 4 OF TITLE 48,
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AS AMENDED, SECTIONS 48-9-15, 51-17-10, 51-17-50, BOTH AS AMENDED, 51-17-70, 51-17-90, 51-17-130, BOTH AS AMENDED, 51-18-60, 1-5-40, 48-45-80, 48-59-40, 49-23-20, 49-25-40, 50-1-5, 50-3-180, 50-3-720, 50-3-910, 50-3-1120, 50-5-1950, AND 50-11-20, ALL PERTAINING TO THE DEPARTMENT OF NATURAL RESOURCES AND RELATED MATTERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES EFFECTIVE JANUARY 1, 2006, WILL BE AN EXECUTIVE CABINET AGENCY HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE WITH THE CURRENT BOARD OF THE DEPARTMENT TO BECOME ADVISORY; TO AMEND SECTIONS 20-7-2700, 20-7-2710, 20-7-2870, 20-7-2980, 20-7-2990, AND 20-7-3097, ALL AS AMENDED, ALL RELATING TO THE LICENSURE AND REGULATION OF CHILDCARE FACILITIES, SO AS TO REMOVE THE AUTHORITY, DUTIES, AND RESPONSIBILITIES OF SUCH LICENSURE AND REGULATION FROM THE DEPARTMENT OF SOCIAL SERVICES AND TO PLACE THEM WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO AMEND SECTION 20-7-3050, RELATING TO THE DUTIES OF THE STATE ADVISORY COMMITTEE ON THE REGULATION OF CHILDCARE FACILITIES, SO AS TO PROVIDE THAT THE COMMITTEE MAKE RECOMMENDATIONS ABOUT CHANGES IN REGULATIONS TO THE BOARD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Ways and Means
HOUSE RESOLUTION
The following was introduced:
H. 3814 (Word version) -- Rep. Tripp: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE SUE CLEVELAND ELEMENTARY SCHOOL CHOIR OF PIEDMONT, SOUTH CAROLINA AND ITS DIRECTOR, MS. ROBIN K. IRVIN, ON THEIR EXUBERANT AND OUTSTANDING PERFORMANCE OF "THE STAR-SPANGLED BANNER" AND "FREEDOM IS COMING" AT THE STATE HOUSE ON MARCH 30, 2005, TO COMMEMORATE "NATIONAL MUSIC MONTH" IN THE SCHOOLS.
The Resolution was adopted.
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ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman
Anderson Anthony Bailey
Bales Ballentine Barfield
Battle Bingham Brady
Branham Breeland G. Brown
J. Brown R. Brown Cato
Ceips Chalk Chellis
Clark Clemmons Clyburn
Coates Cooper Dantzler
Davenport Delleney Duncan
Edge Emory Frye
Funderburk Govan Hagood
Haley Hamilton Hardwick
Harrell Harrison Haskins
Hayes J. Hines M. Hines
Hinson Hiott Hosey
Huggins Jefferson Jennings
Kennedy Kirsh Leach
Lee Limehouse Littlejohn
Loftis Lucas Mack
Mahaffey Martin McCraw
McGee McLeod Merrill
Miller J. M. Neal Neilson
Norman Ott Owens
Parks Perry Phillips
E. H. Pitts Rhoad Rice
Rivers Sandifer Scarborough
Simrill Sinclair Skelton
D. C. Smith F. N. Smith G. R. Smith
J. E. Smith J. R. Smith W. D. Smith
Stewart Talley Taylor
Thompson Toole Tripp
Umphlett Vaughn Vick
Walker Weeks Whipper
White Whitmire Wilkins
Witherspoon Young
Printed Page 1883 . . . . . Wednesday, March 30, 2005
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, March 30.
Lewis E. Pinson Bill Cotty
Creighton Coleman Bessie Moody-Lawrence
Ronald Townsend John Scott
G. Murrell Smith Leon Howard
Todd Rutherford Gilda Cobb-Hunter
William Bowers Joseph Neal
Total Present--119
STATEMENTS OF ATTENDANCE
Reps. RUTHERFORD and SIMRILL signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 29.
DOCTOR OF THE DAY
Announcement was made that Dr. Terry Dodge of Rock Hill is the Doctor of the Day for the General Assembly.
SPECIAL PRESENTATION
Rep. GOVAN and the Orangeburg Delegation presented to the House the South Carolina State University Football "Bulldogs", the 2004 Mid-Eastern Athletic Conference Champions, their coaches and other school officials.
SPECIAL PRESENTATION
Rep. LITTLEJOHN presented to the House the Broome High School "Centurions" Basketball Team, the 2004-2005 AA Champions, their coaches and school officials.
CO-SPONSORS ADDED
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
Printed Page 1884 . . . . . Wednesday, March 30, 2005
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."
CO-SPONSOR ADDED
Bill Number: H. 3213 (Word version)
Date: ADD:
03/30/05 BAILEY
CO-SPONSOR ADDED
Bill Number: H. 3685 (Word version)
Date: ADD:
03/30/05 SANDIFER
CO-SPONSOR ADDED
Bill Number: H. 3642 (Word version)
Date: ADD:
03/30/05 NEILSON
SENT TO THE SENATE
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3789 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO ELECTION OF LAURENS COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO SET THE ELECTIONS AT THE TIME OF THE GENERAL ELECTION AND TO PROVIDE THAT THE TERMS OF TRUSTEES WHOSE TERMS EXPIRE PRIOR TO THE ELECTION OF NEW TRUSTEES ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND TAKE OFFICE.
H. 3790 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A BILL TO AMEND ACT 778 OF 1988, AS AMENDED, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS
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COMMISSION FOR LAURENS COUNTY, SO AS TO INCREASE THE COMMISSION FROM NINE TO ELEVEN MEMBERS AND STAGGER TERMS OF THE NEW MEMBERS.
H. 3782 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER.
R. 28, H. 3396--GOVERNOR'S VETO OVERRIDDEN
The Veto on the following Act was taken up:
(R28) H. 3396 (Word version) -- Reps. Bowers and Rivers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON SEPTEMBER 27, 2004, BY THE STUDENTS OF SCHOOLS IN HAMPTON SCHOOL DISTRICT ONE IN HAMPTON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT THE FULL SCHOOL DAY 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:
Yeas 1; Nays 0
Those who voted in the affirmative are:
Rivers
Total--1
Those who voted in the negative are:
Total--0
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Printed Page 1886 . . . . . Wednesday, March 30, 2005
R. 30, H. 3430--GOVERNOR'S VETO OVERRIDDEN
The Veto on the following Act was taken up:
(R30) H. 3430 (Word version) -- Reps. Vick, Jennings, Lucas and Neilson: AN ACT TO PROVIDE THAT EACH MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM CHESTERFIELD COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX OFFICIO NONVOTING MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE WHO SHALL NOT RECEIVE ANY PER DIEM OR COMPENSATION FOR THIS SERVICE.
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:
Yeas 3; Nays 0
Those who voted in the affirmative are:
Jennings Neilson Vick
Total--3
Those who voted in the negative are:
Total--0
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Printed Page 1887 . . . . . Wednesday, March 30, 2005
R. 16, S. 386--GOVERNOR'S VETO OVERRIDDEN
The Veto on the following Act was taken up:
(R16) S. 386 (Word version) -- Senator McGill: AN ACT TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ALLOWANCE FOR EACH MEAL THAT EACH MEMBER AND EMPLOYEE OF THE BOARD OF TRUSTEES SHALL RECEIVE FOR IN-STATE OR OUT-OF-STATE OVERNIGHT TRAVEL.
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:
Yeas 2; Nays 0
Those who voted in the affirmative are:
Anderson Kennedy
Total--2
Those who voted in the negative are:
Total--0
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
H. 3152--DEBATE ADJOURNED
The Senate amendments to the following Bill were taken up for consideration:
H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J. E. Smith: A BILL TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION
Printed Page 1888 . . . . . Wednesday, March 30, 2005
WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY.
Rep. HARRELL moved to adjourn debate upon the Senate Amendments until Thursday, March 31, which was agreed to.
RECURRENCE TO THE MORNING HOUR
Rep. VAUGHN moved that the House recur to the Morning Hour, which was agreed to.
H. 3513--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
On motion of Rep. G. R. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Medical, Military, Public and Municipal Affairs:
H. 3513 (Word version) -- Reps. Brady, Pinson, Emory, Bales, Barfield, Chellis, Dantzler, Kennedy, Leach, Lucas, Martin, J. M. Neal, M. A. Pitts and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF
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SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.
H. 3525--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY
On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry:
H. 3525 (Word version) -- Reps. Chellis, Cotty, Altman, Anderson, Bailey, Ceips, Clemmons, Clyburn, Dantzler, Edge, Frye, Hardwick, Hosey, Jefferson, Littlejohn, Loftis, Mahaffey, McCraw, Phillips, Rhoad, Rutherford, Scarborough, Sinclair, Umphlett, Walker, Witherspoon, Sandifer and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-70 SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE WATER OR SEWER SERVICES TO A PROPERTY OWNER UPON WRITTEN REQUEST WHEN THE PROPERTY OWNER AGREES TO PAY THE COST OF EXTENDING THESE SERVICES BY THE PAYMENT OF AN ASSESSMENT LEVIED AGAINST THE PROPERTY.
S. 509--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
On motion of Rep. COBB-HUNTER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs:
S. 509 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING A REGISTRATION FEE, A SIX HOUR
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BOARD-APPROVED HAIR BRAIDING COURSE, AND AN EXAMINATION; AND TO AMEND SECTION 40-7-20, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF BARBERS, SO AS TO DEFINE "HAIR BRAIDING".
H. 3198--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary:
H. 3198 (Word version) -- Reps. Harrison, Wilkins, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2005" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST MUNICIPALITIES THAT FAIL TO COMPLY WITH THE COMMISSION'S PLAN FOR REFINANCING, ADJUSTING, OR COMPROMISING A DEBT, PROVIDE PENALTIES FOR AN OFFICER OR EMPLOYEE OF A MUNICIPALITY WHO FAILS TO COMPLY WITH THE PROVISIONS OF ARTICLE 9 OF CHAPTER 21; AND TO AMEND SECTION 6-1-50, RELATING TO THE REQUIREMENT OF A FINANCIAL REPORT SUBMITTED BY COUNTIES AND MUNICIPALITIES TO THE COMPTROLLER GENERAL, SO AS TO REQUIRE THE REPORT BE SUBMITTED INSTEAD TO THE MUNICIPAL FINANCE COMMISSION AND DELETE A REFERENCE TO THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
RECURRENCE TO THE MORNING HOUR
Rep. COATES moved that the House recur to the Morning Hour, which was agreed to.
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REPORT OF STANDING COMMITTEE
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3402 (Word version) -- Reps. M. A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E. H. Pitts, G. R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White and Clemmons: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.
Ordered for consideration tomorrow.
INTRODUCTION OF BILLS
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3816 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA PARENTAL INVOLVEMENT AND RESPONSIBILITIES ACT OF 2005"; BY ADDING SECTION 59-63-205 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL ADOPT A STUDENT DISCIPLINE POLICY AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-230 SO AS TO PROVIDE THAT IF A PARENT FAILS TO ATTEND A SCHOOL'S THIRD REQUEST FOR A CONFERENCE TO DISCUSS THE CHILD'S ACADEMIC PROGRESS OR VIOLATION OF SCHOOL RULES, THE DISTRICT SUPERINTENDENT, UPON CERTAIN CONDITIONS, MAY FILE WITH THE MAGISTRATE A COMPLAINT AND MOTION TO COMPEL THE PRESENCE OF THE PARENT, TO PROVIDE PENALTIES, AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-240 SO AS TO PROVIDE THAT AN EMPLOYER IS ENCOURAGED TO GRANT AN EMPLOYEE LEAVE FROM WORK TO ATTEND, OBSERVE,
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OR PARTICIPATE IN SCHOOL CONFERENCES RELATED TO THE EMPLOYEE'S CHILDREN PURSUANT TO CERTAIN CIRCUMSTANCES; BY ADDING SECTION 59-28-250 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR APPROPRIATE SCHOOL PERSONNEL WHO WORK WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION SHALL ADOPT PROGRAM APPROVAL STANDARDS SO THAT STUDENTS PURSUING A COLLEGE OR UNIVERSITY PROGRAM IN INSTRUCTIONAL OR ADMINISTRATIVE PERSONNEL SHALL COMPLETE TRAINING IN WORKING WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; BY ADDING ARTICLE 6, CHAPTER 65, TITLE 59 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH PROCEDURES TO ALLOW A STUDENT TO ENROLL IN ALTERNATIVE OR ADULT EDUCATION PROGRAMS TO PREVENT FURTHER TRUANCY, TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES AND EACH SCHOOL SHALL ADOPT AN ATTENDANCE POLICY, TO PROVIDE THAT A SCHOOL DISTRICT SHALL IMPLEMENT IN EACH SCHOOL AN ATTENDANCE PLAN MODELED AFTER ITS POLICY, AND TO PROVIDE FOR THE DEVELOPMENT OF PARENT RESPONSIBILITY PROGRAMS TO ADDRESS NONATTENDANCE PROBLEMS; TO AMEND SECTION 59-65-20, RELATING TO PENALTIES FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO INCREASE THE FINE FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 59-65-50, RELATING TO NONATTENDANCE REPORTED TO THE COURT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SHALL NOTIFY STUDENTS AND PARENTS OR GUARDIANS OF STATE ATTENDANCE LAWS AND PENALTIES, TO PROVIDE FOR TRANSFER OF DOCUMENTS AND PLANS IF THE STUDENT TRANSFERS, AND TO PROVIDE FOR REFERRAL OF THE CASE TO THE SOLICITOR, UPON CERTAIN CONDITIONS, WHEN THE CHILD HAS TEN OR MORE
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UNLAWFUL ABSENCES; TO AMEND SECTION 59-65-60, RELATING TO THE COURT'S PROCEDURE UPON RECEIPT OF THE REPORT OF NONATTENDANCE, SO AS TO PROVIDE THAT FURTHER ACCUMULATION AFTER TEN UNLAWFUL ABSENCES MUST BE TOLLED UNTIL THE FAMILY COURT HEARING; TO PROVIDE THE TIMELINE AND PROCEDURE FOR REPORTING THE ABSENCES TO THE SOLICITOR, FILING THE COMPLAINT, SERVING THE COMPLAINT, AND HOLDING THE HEARING; TO PROVIDE FOR AN ATTENDANCE ORDER AND A REVISION OF THE INTERVENTION PLAN; TO PROVIDE THAT A PARENT OR GUARDIAN WHO FAILS TO COMPLY WITH THE ATTENDANCE ORDER IS GUILTY OF CONTEMPT WITH CERTAIN EXCEPTIONS AND TO PROVIDE PENALTIES; TO PROVIDE WHEN THE COURT MAY DECLARE A CHILD A TRUANT, ADJUDICATE A CHILD AS A STATUS OFFENDER, AND SUBJECT A CHILD TO APPROPRIATE PROVISIONS OF LAW; AND TO PROVIDE FOR OPTIONS WHEN A CHILD IS FOUND TO BE A CHRONIC TRUANT; BY ADDING SECTION 14-1-245 SO AS TO PROVIDE THAT THE CHIEF JUDGE FOR ADMINISTRATIVE PURPOSES IN EACH CIRCUIT SHALL SCHEDULE SUFFICIENT TIME FOR A JUDGE IN A FAMILY COURT TO HEAR TRUANCY CASES; TO AMEND SECTION 56-1-176, AS AMENDED, RELATING TO CONDITIONS FOR ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A STUDENT FAILS TO MEET THE EXPULSION REQUIREMENTS, THE SCHOOL DISTRICT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES, WHO MAY SUSPEND THE STUDENT'S DRIVER'S LICENSE; AND TO REPEAL SECTION 59-65-70 RELATING TO WHEN A COURT MAY DECLARE A CHILD DELINQUENT.
Referred to Committee on Education and Public Works
H. 3817 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED ON REAL PROPERTY OWNED BY THE STATE ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT
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HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
Without Reference
H. 3818 (Word version) -- Rep. Bowers: A JOINT RESOLUTION TO PROVIDE THAT THE SEASON FOR THE COMMERCIAL FISHING FOR SHAD IN THE COMBAHEE RIVER AND ITS TRIBUTARIES AND DISTRIBUTARIES AS PRESCRIBED IN SECTION 50-5-1506, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE YEAR 2005 ONLY EXPIRES ON APRIL 30, 2005, RATHER THAN MARCH 31, 2005.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3819 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN STATE INSURANCE PLANS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER EMPLOYED BY AN ENTITY WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE INSURANCE PLANS WHO IS PERMANENTLY DISABLED IN THE LINE OF DUTY AND WHOSE EMPLOYMENT IS TERMINATED AS A RESULT OF THE DISABILITY IS ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS AND STATE-PAID PREMIUMS.
Referred to Committee on Labor, Commerce and Industry
Rep. WITHERSPOON moved that the House do now adjourn, which was agreed to.
ADJOURNMENT
At 11:10 a.m. the House, in accordance with the motion of Rep. BAILEY, adjourned in memory of Evans "Scrap Iron" Brown, to meet at 10:00 a.m. tomorrow.
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