Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Proverbs 8:6: "Listen, for I have worthy things to say; I open my lips to speak what is right."
Let us pray. O God of unchangeable power and eternal light, look favorably on this body of women and men as they strive to do the work of the people. Keep them faithful to You and to the people they serve. Grant them the courage to do the right thing. Lead them this day for the glory of Your name. Bless our Nation, President, State and her leaders. Keep our defenders of freedom safe in Your care. 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.
Rep. EMORY moved that when the House adjourns, it adjourn in memory of Robert Lee Williams of Fort Mill, which was agreed to.
The following was received from the Senate:
Columbia, S.C., April 5, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 212:
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.
Very respectfully,
President
On motion of Rep. WITHERSPOON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. RHOAD, DUNCAN and M. A. PITTS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received and referred to the appropriate committee for consideration:
Document No. 2973
Agency: Department of Labor, Licensing and Regulation - Board of Nursing
Statutory Authority: 1976 Code Section 40-1-70
Repeal of Duplicative Regulations Included in the Nurse Practice Act
Received by Speaker of the House of Representatives
April 5, 2005
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration August 3, 2005 (Subject to Sine Die Revision)
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3478 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-57-145, AS AMENDED, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE WHEN SUCH PAYMENTS ARE AUTHORIZED.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 458 (Word version) -- Senators Thomas and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-69-245 SO AS TO PROVIDE FOR MINIMUM NONFORFEITURE AMOUNTS FOR INDIVIDUAL DEFERRED ANNUITIES; TO AMEND SECTION 38-69-240, RELATING TO THE CALCULATION OF MINIMUM NONFORFEITURE AMOUNTS OF CONTRACTS ISSUED AFTER JUNE 30, 2007, SO AS TO CHANGE THE TIME OF APPLICABILITY ON THESE CONTRACTS; AND TO AMEND SECTION 2 OF ACT 313 OF 2002, RELATING TO TEMPORARY PROVISIONS RELATING TO MINIMUM VALUES OF ANY PAID-UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES, SO AS TO CHANGE THE DATE OF APPLICABILITY FROM 2005 TO 2007 TO THESE CONTRACTS AND PROVIDE THAT CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT AND BEFORE JULY 1, 2007, MAY APPLY, AT THE INSURER'S OPTION, THE MINIMUM VALUES AS PROVIDED IN THIS ACT ON CERTAIN ANNUITIES ON A CONTRACT-FORM-BY-CONTRACT-FORM BASIS.
Ordered for consideration tomorrow.
Rep. VICK, from the Chesterfield Delegation, submitted a favorable report on:
S. 547 (Word version) -- Senator Sheheen: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS ADDED TO THE BOARD AND TO DELETE ARCHAIC LANGUAGE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 216 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 25-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND PURPOSES OF MILITARY CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THE MAKEUP OF THESE CORPORATIONS AND FOR THE PURPOSES, PROGRAMS, AND FUNDING OF THESE CORPORATIONS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3175 (Word version) -- Reps. Davenport, Vaughn and Littlejohn: A BILL TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HEARING AID SPECIALISTS, INCLUDING PROVIDING PENALTIES FOR VIOLATIONS, TO DEVOLVE THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" PURSUANT TO CHAPTER 25, TITLE 40 UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3646 (Word version) -- Reps. Parks, J. H. Neal, Allen, Davenport, Frye, Jefferson, Lee, Limehouse, Mack, Pinson, M. A. Pitts and F. N. Smith: A BILL TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40-33-30, AS AMENDED, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING.
Ordered for consideration tomorrow.
The following was introduced:
H. 3864 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE STUDENTS, FACULTY, ADMINISTRATION, AND STAFF OF W. J. KEENAN HIGH SCHOOL IN RICHLAND SCHOOL DISTRICT ONE ON RECEIVING THE 2005 PALMETTO'S FINEST AWARD AND STRIVING TO REACH AND MAXIMIZE THE FULL MEASURE OF THEIR TALENTS AND ABILITIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3865 (Word version) -- Rep. Scott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE STUDENTS, FACULTY, ADMINISTRATION, AND STAFF OF W. J. KEENAN HIGH SCHOOL IN RICHLAND SCHOOL DISTRICT ONE, AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE SCHOOL ON RECEIVING THE 2005 PALMETTO'S FINEST AWARD.
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, faculty, administration, and staff of W. J. Keenan High School in Richland School District One, at a time and date to be determined by the Speaker, to recognize and congratulate the school on receiving the 2005 Palmetto's Finest Award.
The Resolution was adopted.
On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3866 (Word version) -- Rep. Scott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE STUDENTS, FACULTY, ADMINISTRATION, AND STAFF OF JOSEPH KEELS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE SCHOOL ON RECEIVING THE 2005 PALMETTO'S FINEST AWARD.
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, faculty, administration, and staff of Joseph Keels Elementary School in Richland County School District Two at a time and date to be determined by the Speaker, to recognize and congratulate the school on receiving the 2005 Palmetto's Finest Award.
The Resolution was adopted.
The following was introduced:
H. 3867 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RECOGNIZE THE FIRST BAPTIST CHURCH OF AIKEN ON THE OCCASION OF ITS HISTORIC TWO HUNDREDTH ANNIVERSARY AND TO COMMEND THE CHURCH FOR TWO HUNDRED YEARS OF SERVICE TO THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3868 (Word version) -- Reps. Bingham and Toole: A HOUSE RESOLUTION RECOGNIZING THE REVEREND DONALD PAUL DAVIS ON HIS THIRTY YEARS AS PASTOR OF TRINITY BAPTIST CHURCH IN CAYCE AND EXPRESSING THE GRATITUDE OF THIS STATE FOR HIS VITAL CONTRIBUTIONS TO THE ENHANCEMENT OF THE SPIRITUAL AND PHYSICAL WELL-BEING OF ITS CITIZENS.
The Resolution was adopted.
The following was introduced:
H. 3869 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION RECOGNIZING AND CONGRATULATING THE STUDENTS, FACULTY, ADMINISTRATION, AND STAFF OF NORTHSIDE MIDDLE SCHOOL IN WEST COLUMBIA ON THEIR RECEIVING THE 2005 PALMETTO'S FINEST AWARD AND ACKNOWLEDGING THEIR STRIVING TO REACH AND MAXIMIZE THE FULL MEASURE OF THEIR TALENTS AND ABILITIES.
The Resolution was adopted.
The Senate sent to the House the following:
S. 695 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION CONGRATULATING THE WINTHROP UNIVERSITY EAGLES OF YORK COUNTY ON THEIR STELLAR 2005 BASKETBALL SEASON, RIDING AN EIGHTEEN-GAME WIN STREAK ALL THE WAY TO A FOURTEENTH SEED IN THE FIRST ROUND OF THE NCAA CHAMPIONSHIP AND ENDING THEIR YEAR WITH THE BEST EAGLE EFFORT IN SCHOOL HISTORY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 705 (Word version) -- Senators Sheheen, Ryberg, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Scott, Setzler, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF POPE JOHN PAUL II, TO PRAISE HIS LIFETIME OF LEADERSHIP AND ACCOMPLISHMENTS, AND TO EXTEND THE DEEPEST SYMPATHY TO ALL BELIEVERS WORLDWIDE WHO ARE DEEPLY AFFECTED BY HIS PASSING.
Whereas, the members of the General Assembly were deeply saddened to learn of the death of Pope John Paul II on Saturday, April 2, 2005, at the age of eighty-four; and
Whereas, Pope John Paul II was one of the most influential figures of the last twenty-six years and his legacy will continue for many years into the future; and
Whereas, he will be forever known as a great defender of life, arguing for the defense of human life from the moment of conception until natural death, and for breaking down interfaith barriers when he visited a Jewish synagogue, a Muslim mosque, and made pilgrimages to Orthodox countries where no pope had ever set foot; and
Whereas, the Pope's formative years were marked by personal and national tragedy. Before the age of twenty he lost his mother, his only brother, and his father; and
Whereas, these events had a profound effect on the young man from Krakow, Poland and prompted his lifelong spiritual devotion to the Virgin Mary; and
Whereas, in 1938, while working toward a philosophy degree at the University of Krakow, his study was interrupted by the Nazi invasion of Poland. Spared from the concentration camps, he dedicated his life to God and the Church, entering Krakow's clandestine theological seminary in 1942, a risky step under the Gestapo's watchful eyes; and
Whereas, after being ordained to the priesthood and serving for four years, he returned to academia and earned a second doctorate in moral theology; and
Whereas, he was named an auxiliary bishop of Krakow at age thirty-eight, becoming the youngest bishop in Poland's history. In 1964 he was named Archbishop of Krakow, and three years later he became a cardinal. Cardinal Karol Wojtyla was elected Pope on October 16, 1978; and
Whereas, within months of election he had taken trips around the globe, held airborne press conferences, issued an encyclical on redemption, met with world leaders, and opened a new chapter in ecumenical dialogue with the Orthodox; and
Whereas, a would-be assassin's bullets briefly slowed the Pope's whirlwind pace on May 13, 1981, but he was soon back in full swing. In all, he logged over 700,000 miles in trips to nearly 130 countries, including such remote spots as Azerbaijan, with a Catholic population of 120; and
Whereas, his political activism is credited for helping bring down European Communism in 1989; and
Whereas, the Pope received warm welcomes in his seven trips to the United States. South Carolinians will never forget the Holy Father's pilgrimage to the Palmetto State in 1987. During his visit the Pope praised ecumenical programs, saying that despite lack of full agreement, it is no small achievement of the ecumenical movement that after centuries of mistrust, we humbly and sincerely recognize in each other's communities the presence and fruitfulness of Christ's gifts at work; and
Whereas, in so many ways he has left a lasting image on his Church. Many young Catholics, who have never known another pope, proudly call themselves part of the "John Paul II generation"; and
Whereas, the example of his holy life spoke even louder than the powerful messages delivered throughout his papacy to people inside and outside the Catholic household as he often issued a call for the western world to care for the impoverished. His legacy will remain for centuries. The members of the General Assembly, the Catholic Diocese of Charleston, and people throughout the State mourn his loss and extend our prayers. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, hereby express their profound sorrow upon the death of Pope John Paul II, praise his lifetime of leadership and accomplishments, and extend the deepest sympathy to believers worldwide, all of whom are deeply affected by his passing.
Be it further resolved that a copy of this resolution be forwarded to the Reverend Robert J. Baker, Bishop of Charleston and to the Office of the Secretary of State of the Vatican in Rome, Italy.
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. 3870 (Word version) -- Reps. Walker and Sinclair: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF COMMISSIONERS AND TO PROVIDE THAT TWO MEMBERS MAY RESIDE IN THE SERVICE AREA OF THE DISTRICT.
On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3871 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 59-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND COMPOSITION OF THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE MEMBERS WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO PROVIDE THAT UPON APPROVAL OF THIS ACT BY THE GOVERNOR, THE TERMS OF ALL APPOINTED MEMBERS OF THE COMMISSION MUST END AND NEW MEMBERS MUST BE APPOINTED WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary
H. 3872 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-645 SO AS TO CREATE THE OFFENSE OF ILLEGAL ALIEN TRESPASS AND TO PROVIDE A PENALTY; AND BY ADDING SECTION 16-11-647 SO AS TO ALLOW THE FORFEITURE OF PROPERTY, MONIES, NEGOTIABLE INSTRUMENTS, SECURITIES, AND OTHER THINGS OF VALUE WHEN A PERSON COMMITS THE OFFENSE OF ILLEGAL ALIEN TRESPASS, TO PROVIDE PROCEDURES FOR FORFEITURE, TO CREATE AN EXCEPTION FOR THE INNOCENT OWNER OF ITEMS SUBJECT TO FORFEITURE, AND TO PROVIDE FOR THE DISTRIBUTION OF FORFEITED ITEMS AFTER CONVICTION.
Referred to Committee on Judiciary
S. 85 (Word version) -- Senators McConnell, Moore, Elliott, Alexander, Fair, Richardson, Ford and Campsen: A BILL TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT A COURT MUST ORDER A PERSON'S NAME TO BE ENTERED IN THE CENTRAL REGISTRY IF THERE IS A FINDING BY A PREPONDERANCE OF EVIDENCE THAT THE PERSON ABUSED OR NEGLECTED A CHILD PURSUANT TO SECTION 20-7-490 AND TO PROVIDE THAT PLACEMENT ON THE REGISTRY CANNOT BE WAIVED BY ANY PARTY OR BY THE COURT.
Referred to Committee on Judiciary
S. 227 (Word version) -- Senators Fair, Campsen and Leventis: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.
Referred to Committee on Judiciary
S. 277 (Word version) -- Senators Martin and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, SO AS TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.
Referred to Committee on Judiciary
S. 290 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE WATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE WATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 560 (Word version) -- Senators Hayes, Martin, Courson, Gregory and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-415 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A WEAPON OR A FIREARM FROM THE LAWFUL POSSESSION OF A LAW ENFORCEMENT OFFICER OR A CORRECTIONS OFFICER UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary
S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.
Referred to Committee on Ways and Means
S. 675 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO LICENSING OF GROUP CHILD CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2925, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 676 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD CARE CENTERS OPERATED BY CHURCHES OR RELIGIOUS ENTITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2924, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 677 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD CARE CENTERS LICENSING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2901, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anthony Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice 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 Stewart Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 6.
Thad Viers Fletcher Smith Denny Neilson Becky Martin Creighton Coleman Todd Rutherford Carl Anderson Bessie Moody-Lawrence Joseph Neal Jackson "Seth" Whipper William Clyburn Brenda Lee Leon Howard
The SPEAKER granted Rep. COTTY a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. BAILEY a temporary leave of absence due to illness.
Announcement was made that Dr. Gary Goforth of Greenwood is the Doctor of the Day for the General Assembly.
Reps. EMORY, J. M. NEAL and LUCAS presented to the House the Indian Land High School "Lady Warriors" Volleyball and Softball teams, the 2004 Class A Champions, their coaches and other school officials.
Rep. VICK presented to the House the Chesterfield High School "Rams" Wrestling Team, the Class AA/A Champions, their coach and other school officals.
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. 3167 (Word version)
Date: ADD:
04/06/05 WALKER
Bill Number: H. 3227 (Word version)
Date: ADD:
04/06/05 TOWNSEND
Bill Number: H. 3189 (Word version)
Date: ADD:
04/06/05 EDGE
Bill Number: H. 3490 (Word version)
Date: ADD:
04/06/05 BOWERS
Bill Number: H. 3227 (Word version)
Date: ADD:
04/06/05 MILLER
Bill Number: 3591 (Word version)
Date: ADD
04/06/05 MAHAFFEY
The following Bill was taken up:
H. 3835 (Word version) -- Reps. Walker and Sinclair: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THAT ONE COMMISSIONER OF THE DISTRICT MAY RESIDE IN THE SERVICE AREA OF THE DISTRICT.
Rep. WALKER moved to commit the Bill to the Spartanburg Delegation, which was agreed to.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3862 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 197 OF 1991, AS AMENDED, RELATING TO THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS FROM NINE TO ELEVEN AND TO PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
H. 3285 (Word version) -- Reps. Wilkins, Clemmons, Harrison and Loftis: 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.
Rep. SCOTT asked unanimous consent to recall H. 3819 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SCARBOROUGH objected.
The motion period was dispensed with on motion of Rep. SINCLAIR.
The following Bill was taken up:
H. 3189 (Word version) -- Reps. Merrill, Brady, Scarborough, Cobb-Hunter, Whipper, Toole, Ballentine, Hagood, McLeod, R. Brown, Altman and Edge: 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20188SD05), which was adopted:
Amend the bill, as and if amended, in Section 14-7-1610 of the 1976 Code, as contained in SECTION 1, by striking item (4) of subsection (E) which begins on line 36, page 3 and inserting:
/ (4) The General Assembly finds that it is in the public interest to avoid duplicative and overlapping prosecutions to the extent that the Attorney General considers possible. Therefore, the Attorney General shall consult with and advise the Environmental Protection and Enforcement Coordinating Subcommittee and cooperate with other state and federal prosecutorial authorities having jurisdiction over environmental enforcement in order to carry out the provisions of Sections 14-7-1630(A)(8) and 14-7-1630(C). /
Amend further, as and if amended, in Section 14-7-1630 of the 1976 Code, as contained in SECTION 2, by striking item (8) of subsection (A) which begins on line 32, page 5, and inserting:
/ (8) a wilful criminal violation which results in actual and substantial harm to the water, ambient air, soil or land, or both soil and land. Such a wilful criminal violation includes, but is not limited to, a violation of the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Pollution Control Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the environment if the anticipated damages, including, but not limited to the cost of remediation, are one million dollars or more. If a wilful violation of a crime enumerated in this item (8) is also a violation of federal law, conviction or acquittal under federal law for the same act is a bar to prosecution in this State. /
Amend further, as and if amended, in Section 14-7-1630 of the 1976 Code, as contained in SECTION 2, by striking / subsection (A)(7) /in the first paragraph of subsection (C) on line 17, page 6, and inserting / subsection (A)(8) / and by striking / subsection (A)(7) / on line 40, page 6, and inserting / subsection (A)(8) /. When amended subsection (C) shall read:
/ (C) In all investigations of crimes specified in subsection (A)(8), except in matters where the Department of Health and Environmental Control or its officers or employees are the subjects of the investigation, the Commissioner of the Department of Health and Environmental Control must consult with and, after investigation, provide a formal written recommendation to the Attorney General and the Chief of the South Carolina Law Enforcement Division. The Attorney General and the Chief of the South Carolina Law Enforcement Division must consider the impaneling of a state grand jury necessary before the Attorney General presents a petition, which includes the commissioner's written recommendation, to the Chief Administrative Judge pursuant to Section 14-7-1630(B).
(1) In the case of evidence brought to the attention of the Attorney General, the Chief of the South Carolina Law Enforcement Division, or the Department of Health and Environmental Control by an employee or former employee of the alleged violating entity, there must also be separate, credible evidence of the violation in addition to the testimony or documents provided by the employee or former employee of the alleged violating entity.
(2) Where an individual employee performs a wilful criminal violation of the environmental laws that results in actual and substantial harm pursuant to subsection (A)(8) and which prompts an investigation authorized by this article, only the individual employee is subject to the investigation unless or until there is separate, credible evidence that the individual's employer knew of, concealed, directed, or condoned the employee's action. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Reps. MERRILL and EDGE proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3320DW05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 14-7-1610 of the 1976 Code, as last amended by Act 208 of 2004, is further amended to read:
"Section 14-7-1610. (A) It is the intent of the General Assembly to enhance the grand jury system and to improve the ability of the State to detect and eliminate criminal activity. The General Assembly recognizes the great importance of having the federal authorities available for certain investigations. The General Assembly finds that crimes involving narcotics, dangerous drugs, or controlled substances, as well as crimes involving obscenity, often transpire or have significance in more than one county of this State. When this occurs, these crimes are most effectively detected and investigated by a grand jury system with the authority to cross county lines.
(B) The General Assembly finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and eliminate public corruption. Crimes involving public corruption transpire at times in a single county, but often transpire or have significance in more than one county of this State. The General Assembly believes that a state grand jury, possessing considerably broader investigative authority than individual county grand juries, should be available to investigate public corruption offenses in South Carolina.
(C) The General Assembly finds it fundamentally necessary to improve the ability of the State to prevent, detect, investigate, and prosecute crimes that involve the depiction of children under the age of eighteen in sexual activity, and obscenity crimes that are directed toward or involve children under the age of eighteen. The serious and unacceptable threat that these crimes pose to children is self-evident and impacts the State as a whole even if the actual criminal act occurs only in one county of the State. An effective effort to eliminate these heinous crimes requires a coordinated effort, which is accomplished more effectively through the state grand jury system. The effective prevention, detection, investigation, and prosecution of these crimes may require the use and application of state obscenity statutes or common law offenses not specifically directed toward the prevention and punishment of obscenity crimes involving children. Because many of these crimes involve computers, statewide jurisdiction over these crimes is consistent with the jurisdiction of a state grand jury over offenses defined in the Computer Crime Act. The General Assembly concludes that a state grand jury must be available to employ its broad investigative powers in the investigation of child-related obscenity by enabling the state grand jury to investigate all obscenity offenses, regardless of their multi-county impact, or whether they transpire or have significance in more than one county of this State.
(D) The General Assembly finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate crimes involving the election laws including, but not limited to, those named offenses as specified in Title 7, or common law crimes involving the election laws where not superseded, or a crime arising out of or in connection with the election laws, or attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws.
(E) The General Assembly finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate crimes which result in actual and substantial harm to the environment. These crimes include, but are not limited to, offenses specified in Titles 13, 44, and 48, or any crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the environment if the anticipated damages, including, but not limited to, the cost of remediation, are three million dollars or more.
(1) The General Assembly finds that the South Carolina Department of Health and Environmental Control possesses the expertise and knowledge to determine whether there has occurred an alleged environmental offense as defined in this article;
(2) The General Assembly finds that because of its expertise and knowledge, the Department of Health and Environmental Control must play a substantial role in the investigation of any such alleged environmental offense;
(3) The General Assembly finds that, while the Department of Health and Environmental Control must not make prosecutorial decisions regarding such alleged environmental offense as defined in this article, the department must be integrally involved in the investigation of any such alleged environmental offense before and after the impaneling of a state grand jury pursuant to Section 14-7-1630;
(4) The General Assembly finds that it is in the public interest to avoid duplicative and overlapping prosecutions to the extent that the Attorney General considers possible. Therefore, the Attorney General shall consult with and advise the Environmental Protection and Enforcement Coordinating Subcommittee and cooperate with other state and federal prosecutorial authorities having jurisdiction over environmental enforcement in order to carry out the provisions of Sections 14-7-1630(A)(8) and 14-7-1630(C).
(F) The General Assembly finds that related criminal activity often arises out of or in connection with crimes involving narcotics, dangerous drugs or controlled substances, obscenity, or public corruption, or environmental offenses and that the mechanism for detecting and investigating these related crimes must be improved.
(G) Accordingly, the General Assembly concludes that a state grand jury should be allowed to investigate certain crimes related to narcotics, dangerous drugs, and obscenity and should also be allowed to investigate crimes involving public corruption, and election laws, and environmental offenses.
(H) This section does not limit the authority of a county grand jury, solicitor, or other appropriate law enforcement personnel to investigate, indict, or prosecute offenses within the jurisdiction of the state grand jury."
SECTION 2. Section 14-7-1630 of the 1976 Code, as last amended by Act 208 of 2004, is further amended to read:
"Section 14-7-1630. (A) The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:
(1) a crime involving narcotics, dangerous drugs, or controlled substances, or a crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;
(2) a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;
(3) a crime involving the election laws including, but not limited to, those named offenses as specified in Title 7, or a common law crime involving the election laws if not superseded, or a crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;
(4) a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;
(5) a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:
(a) involves an act dangerous to human life that is a violation of the criminal laws of this State;
(b) appears to be intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a government by intimidation or coercion; or
(iii) affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(c) occurs primarily within the territorial jurisdiction of this State;
(6) a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws; and
(7) a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity.; and
(8) a knowing and willful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. Such a crime includes a knowing and willful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any knowing and willful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and willful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, are three million dollars or more, as certified by an independent environmental engineer who shall be contracted by the Department of Health and Environmental Control. If the knowing and willful crime is a violation of federal law, then a conviction or an acquittal under federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section.
(B) Whenever the Attorney General and the Chief of the South Carolina Law Enforcement Division consider it necessary and normal investigative or prosecutorial procedures are not adequate, the Attorney General may petition in writing to the chief administrative judge of the judicial circuit in which he seeks to impanel a state grand jury for an order impaneling a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and, in the case of those offenses contained in subsection (A)(1), must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition in all instances must specify that the public interest is served by the impanelment.
(C) In all investigations of crimes specified in subsection (A)(8), except in matters where the Department of Health and Environmental Control or its officers or employees are the subjects of the investigation, the Commissioner of the Department of Health and Environmental Control must consult with and, after investigation, provide a formal written recommendation to the Attorney General and the Chief of the South Carolina Law Enforcement Division. The Attorney General and the Chief of the South Carolina Law Enforcement Division must consider the impaneling of a state grand jury necessary before the Attorney General presents a petition, which includes the commissioner's written recommendation, to the chief administrative judge pursuant to Section 14-7-1630(B).
(1) In the case of evidence brought to the attention of the Attorney General, the Chief of the South Carolina Law Enforcement Division, or the Department of Health and Environmental Control by an employee or former employee of the alleged violating entity, there must also be separate, credible evidence of the violation in addition to the testimony or documents provided by the employee or former employee of the alleged violating entity.
(2) Where an individual employee performs a criminal violation of the environmental laws that results in actual and substantial harm pursuant to subsection (A)(8) and which prompts an investigation authorized by this article, only the individual employee is subject to the investigation unless or until there is separate, credible evidence that the individual's employer knew of, concealed, directed, or condoned the employee's action.
(D) The impaneling judge, after due consideration of the petition, may order the impanelment of a state grand jury in accordance with the petition for a term of twelve calendar months. Upon petition by the Attorney General, the then chief administrative judge of the judicial circuit in which a state grand jury was impaneled, by order, may extend the term of that state grand jury for a period of six months but the term of that state grand jury, including any extension thereof, shall not exceed two years.
(D)(E) The chief administrative judge of the circuit wherein a state grand jury is sitting shall preside over that state grand jury during his tenure as chief administrative judge. The successor chief administrative judge shall assume all duties and responsibilities with regard to any state grand jury impaneled before his term, including, but not limited to, presiding over the state grand jury and ruling on petitions to extend its term. This judge is referred to in this article as the presiding judge.
(E)(F) The presiding judge may discharge a state grand jury prior to the end of its original term or any extension thereof, upon a determination that its business has been completed or upon the request of the Attorney General.
(F)(G) If, at any time within the original term of any state grand jury or any extension thereof, the presiding judge determines that the state grand jury is not conducting investigative activity within its jurisdiction or proper investigative activity, the presiding judge may limit the investigation so that the investigation conforms with the jurisdiction of the state grand jury and existing law or he may discharge the state grand jury. An order issued pursuant to this subsection or under subsection (E)(F) shall not become effective less than ten days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court. If an appeal from the order is made, the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anthony Bales Ballentine Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Haskins Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee Merrill Miller J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Barfield Viers
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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, Clemmons, Walker, Littlejohn and Sinclair: 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.
Rep. MCLEOD proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11661AC05), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 8-13-705(A) and (B) of the 1976 Code, as amended by Act 248 of 1991, is further amended to read:
"Section 8-13-705. (A) A person may not, directly or indirectly, give, offer, or promise anything of value to a public official, legislative caucus, legislative caucus committee, public member, or public employee with the intent to:
(1) influence the discharge of a public official's, public member's, or public employee's official responsibilities;
(2) influence a public official, public member, or public employee to commit, aid in committing, collude in, or allow fraud on a governmental entity; or
(3) induce a public official, public member, or public employee to perform or fail to perform an act in violation of the public official's, public member's, or public employee's official responsibilities.
(B) A public official, legislative caucus, legislative caucus committee, public member, or public employee may not, directly or indirectly, knowingly ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value for himself or for another person in return for being:
(1) influenced in the discharge of his official responsibilities;
(2) influenced to commit, aid in committing, collude in, allow fraud, or make an opportunity for the commission of fraud on a governmental entity; or
(3) induced to perform or fail to perform an act in violation of his official responsibilities."/
Renumber sections to conform.
Amend title to conform.
Rep. MCLEOD explained the amendment.
Rep. MCLEOD moved to table the amendment, which was agreed to.
Rep. M. A. PITTS explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Ballentine Barfield Battle Bingham Bowers G. Brown J. Brown Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Govan Hagood Haley Hamilton Hardwick Haskins Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill J. M. Neal Neilson Norman Ott Owens Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Simrill Skelton G. R. Smith J. R. Smith W. D. Smith Stewart Taylor Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Altman Brady Funderburk Harrison Kirsh Lee McLeod Miller Parks Perry Scarborough Scott D. C. Smith F. N. Smith G. M. Smith Thompson Weeks
So, the Bill was read the second time and ordered to third reading.
While I firmly support the rights and issues of sportsmen throughout the State, and I believe that it is important to have advocacy groups to support these issues, I voted against the second reading of H. 3402 because I thought it would unnecessarily compromise the State's ethics laws.
Rep. Michael Thompson
My vote against H. 3402 was not a vote against sportsmen and women of this State, which I wholeheartedly support. My vote was against setting a potentially questionable legislative precedence.
Rep. Vida Miller
The following Bill was taken up:
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 HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
Rep. HARRISON explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Ballentine Barfield Battle Bingham Bowers Brady Branham G. Brown J. Brown Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Dantzler Davenport Delleney Duncan Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrison Haskins Herbkersman M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Taylor Thompson Toole Townsend Tripp Umphlett Vick Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Kennedy Rutherford
So, the Bill was read the second time and ordered to third reading.
Pursuant to House Rule 1.6, the SPEAKER addressed the body concerning a matter of importance to the House.
Rep. RUTHERFORD moved that the House recur to the Morning Hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3184 (Word version) -- Reps. Harrison, G. R. Smith, Whipper and Cato: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3213 (Word version) -- Reps. Davenport, Vaughn, Toole, Tripp, Vick, Simrill, Bingham, J. R. Smith, Rice, Talley, G. Brown, Barfield, Owens, M. A. Pitts, G. R. Smith, Hamilton, White, Clark, Walker, Pinson, Loftis, Leach, McGee, W. D. Smith, Viers, Cato, Perry, Delleney, Altman, Cooper, Dantzler, Haskins, Huggins, Littlejohn, Hiott, Mahaffey, Wilkins, Merrill, D. C. Smith, Herbkersman, Bailey, Ceips, J. Brown and G. M. Smith: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 106 (Word version) -- Senators Ryberg, Leatherman, Land, Alexander, Cromer, Grooms, Hayes, Matthews, Mescher, Reese, Knotts, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT A PROVISION AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT INDEMNIFIES, DEFENDS, OR HOLDS HARMLESS THE CONTRACT'S PROMISEE FROM OR AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACT'S PROMISEE, OR ANY AGENTS, EMPLOYEES, SERVANTS, OR INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE CONTRACT'S PROMISEE IS UNENFORCEABLE, TO DEFINE THE TERM "MOTOR CARRIER TRANSPORTATION CONTRACT", AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT WHERE THE MOTOR CARRIER INDEMNIFIES OR HOLDS HARMLESS THE CONTRACT'S PROMISEE UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3614 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR WITHHOLDING WAGES TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, INCLUDING COLLECTION AND DISBURSEMENT OF THE WITHHELD WAGES, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FAMILY COURT FEES, COSTS, AND ALLOWANCES, INCLUDING THE FIVE PERCENT ADDITIONAL FEE ADDED TO CHILD SUPPORT PAYMENTS FOR COURT COSTS, SO AS TO PROVIDE THAT THE PAYOR OF THIS ADDITIONAL FIVE PERCENT AGREES, BY PAYING THROUGH THE COURT OR A CENTRALIZED SYSTEM, THAT THIS PAYMENT IS FOR SATISFACTION OF COURT COSTS, AGREES THAT IT IS NOT CHILD SUPPORT, AS DEFINED IN FEDERAL LAW, AND AGREES TO THE DISTRIBUTION OF THIS PAYMENT TO THE STATE FOR COURT COSTS.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3787 (Word version) -- Reps. Taylor, M. A. Pitts and Duncan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 101 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 14 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 385 IN LAURENS COUNTY THE "CHARLES M. CULBERTSON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLES M. CULBERTSON MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
The following was introduced:
H. 3873 (Word version) -- Reps. Hagood, Limehouse and Merrill: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE CAROL OLNEY OF WHITESIDES ELEMENTARY IN MOUNT PLEASANT FOR BEING NAMED PHI BETA KAPPA AND WAL-MART'S 2004 LOCAL, STATE, AND NATIONAL TEACHER OF THE YEAR, AND EXTENDING SINCERE APPRECIATION FOR HER OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO SPECIAL EDUCATION NEEDS IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 3874 (Word version) -- Reps. Townsend, Cooper, Thompson and White: A HOUSE RESOLUTION EXPRESSING THE BEST WISHES OF THE STATE OF SOUTH CAROLINA TO CLARENCE DERRILL McCONNELL, CHIEF OF POLICE OF THE CITY OF ANDERSON POLICE DEPARTMENT, ON THE OCCASION OF HIS RETIREMENT MAY 24, 2005.
The Resolution was adopted.
The following was introduced:
H. 3875 (Word version) -- Reps. Ballentine, Harrell, J. E. Smith, Thompson, Lucas, Haley, Neilson, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Hamilton, Hardwick, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION JOINING THE ENTIRE STATE OF SOUTH CAROLINA IN CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA GAMECOCKS ON THEIR 2005 NATIONAL INVITATION TOURNAMENT TITLE AND EXPRESSING THE STATE'S EXCITEMENT AT THE STELLAR 20-13 SEASON, BEHIND THE MEASURED DIGNITY AND COACHING FINESSE OF HEAD COACH DAVE ODOM.
Whereas, the University of South Carolina basketball Gamecocks had suffered a thirty year post-season title drought going into the 2005 National Invitation Tournament; and
Whereas, Coach Dave Odom, in his first three years at the helm, had already led the team to two twenty-game seasons and a chance at the 2002 NIT crown; and
Whereas, a win in the exciting roundball arena of Madison Square Garden on Thursday, March 31, 2005, would earn Odom his third twenty-game outing in just four years and the first USC basketball post-season title since 1971; and
Whereas, the Gamecocks came alive at this historic chance for themselves, their coach, their school, and their State; and
Whereas, Tarence Kinsey's twenty-two-foot three pointer with 1.3 seconds to play and the 60-57 victory over the St. Joseph's Hawks, was just the amazing finale to a blazing five-game run for the championship that began on the home court the Gamecocks owned all season long; and
Whereas, Carlos Powell, who earned MVP honors for his outstanding play throughout the tournament schedule, followed up Tré Kelley's layup for the lead near the two-minute mark with a three-pointer of his own; and
Whereas, in spite of a powerful Brandon Wallace rejection of a Hawk three-point try, St. Joe's star Pat Carroll was able to tie up the game about seven seconds before Kinsey drilled his last-second, 2005 NIT title-winning shot; and
Whereas, the team and Coach Odom and his staff gave the nation not only great basketball that Thursday night in the rarefied atmosphere of Madison Square Garden, but also a glimpse of a disciplined but exciting new era for the Gamecock basketball program. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives join the entire State of South Carolina in congratulating the University of South Carolina Gamecocks on their 2005 National Invitation Tournament title, and express their excitement at the stellar 20-13 season, behind the measured dignity and coaching finesse of Head Coach Dave Odom.
Be it further resolved that a copy of this resolution be presented to Head Coach Dave Odom.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3876 (Word version) -- Reps. Chellis, Bales, Townsend, Young, Hosey, Altman, Bailey, R. Brown, Cato, Ceips, Coates, Dantzler, Davenport, Edge, Funderburk, Harrell, Harrison, Haskins, Hayes, Herbkersman, Jennings, Kirsh, Leach, Limehouse, McGee, McLeod, Neilson, Perry, Phillips, Scarborough, D. C. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Vaughn and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-125 SO AS TO PROVIDE CERTAIN REQUIREMENTS THAT A PROSPECTIVE TEACHER SHALL FILE WITH THE OFFICE OF TEACHER CERTIFICATION OF THE STATE DEPARTMENT OF EDUCATION BEFORE BECOMING CERTIFIED.
Referred to Committee on Education and Public Works
H. 3877 (Word version) -- Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE, A SPECIFIED DISTRICT OF THE STATE, OR A POLITICAL SUBDIVISION THEREOF IN THE EXECUTIVE, JUDICIAL, AND LEGISLATIVE BRANCHES OF GOVERNMENT.
Referred to Committee on Judiciary
H. 3878 (Word version) -- Reps. Davenport and J. Hines: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.
Referred to Committee on Judiciary
H. 3879 (Word version) -- Reps. M. A. Pitts, Hardwick, Witherspoon, E. H. Pitts, Agnew, J. Brown, Hagood, Jefferson, Leach, Littlejohn, Sandifer, Sinclair, G. R. Smith, W. D. Smith and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER ASSISTED REMOTE HUNTING, TO DEFINE COMPUTER ASSISTED REMOTE HUNTING FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
Rep. CEIPS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3825 (Word version) -- Reps. Emory, J. M. Neal and Lucas: A CONCURRENT RESOLUTION HONORING THE INDIAN LAND HIGH SCHOOL "LADY WARRIORS" VOLLEYBALL TEAM OF LANCASTER COUNTY ON WINNING THE 2004 CLASS A STATE CHAMPIONSHIP AND CONGRATULATING THE TEAM ON THEIR IMPRESSIVE 16-1 SEASON.
H. 3836 (Word version) -- Reps. Emory, J. M. Neal and Lucas: A CONCURRENT RESOLUTION CONGRATULATING THE INDIAN LAND HIGH SCHOOL "LADY WARRIORS" SOFTBALL TEAM OF LANCASTER COUNTY ON WINNING THEIR FIFTH STRAIGHT CLASS A STATE CHAMPIONSHIP AND COMMENDING THE HARD WORK AND DEDICATION OF THE TEAM AND HEAD COACH MONICA BARFIELD.
At 11:25 a.m. the House, in accordance with the motion of Rep. EMORY, adjourned in memory of Robert Lee Williams of Fort Mill, to meet at 10:00 a.m. tomorrow.
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