Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:
Almighty God, our heavenly Father, Your mercies are new to us every morning. We do not deserve Your goodness, yet You provide for our needs of body and soul. Let us acknowledge Your merciful goodness to us, give thanks for all Your benefits, and serve You in willing obedience. As we face the challenge of leadership, let us turn to You often for guidance, for integrity in our dealings with others, for insight upon the things that matter most, for willingness to rejoice in the day and fear not for the future. This day we place ourselves in Your care, O God of all goodness. 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. WEEKS moved that when the House adjourns, it adjourn in memory of Essie Vermell Gibson Benbow of Sumter, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 2710
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-15-30, 50-15-40, 50-15-50, 50-15-70
Non-Game and Endangered Species
Received by Speaker of the House of Representatives
March 7, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration July 5, 2002 (subject to sine die revision)
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4583 (Word version) -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G. Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Klauber, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Thompson, Vaughn, White, Wilkins, J. Young and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO PROHIBIT MANDATES ON HEALTH INSURANCE PLANS BEYOND WHAT IS REQUIRED AS OF JANUARY 1, 2002.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4863 (Word version) -- Reps. McCraw, Phillips, G. Brown, J. E. Smith, Hosey, Whipper, Cotty, Martin, Kelley, Bales, Barrett, Battle, Bowers, J. Brown, Delleney, Edge, Emory, Gourdine, Hayes, J. Hines, Hinson, Keegan, Kennedy, Klauber, Law, Leach, Littlejohn, Lloyd, McLeod, Merrill, Miller, J. M. Neal, Ott, Perry, Rice, Riser, Scarborough, Simrill, Sinclair, D. C. Smith, F. N. Smith, J. R. Smith, Snow, Taylor, Tripp, Vaughn, Walker, Webb, Whatley and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 95 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Referred to Committee on Education and Public Works
H. 4864 (Word version) -- Reps. Sheheen, Altman and Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-115 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A NOTICE FOR TRIAL BASED UPON THE SWORN STATEMENT OF AN AFFIANT WHO IS NOT A LAW ENFORCEMENT OFFICER, BUT MAY NOT ISSUE AN ARREST WARRANT IF THE AFFIANT IS NOT A LAW ENFORCEMENT OFFICER.
Referred to Committee on Judiciary
H. 4868 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO PROVIDE THAT A PERSON WHO COMMITS ROBBERY OR ATTEMPTED ROBBERY WHILE ALLEGING, EITHER BY ACTION OR WORDS, THAT HE IS ARMED WITH A PISTOL, DIRK, SLINGSHOT, METAL KNUCKLES, RAZOR, OR ANOTHER DEADLY WEAPON OR OBJECT SO AS TO CAUSE A PERSON PRESENT DURING THE COMMISSION OF THE ROBBERY OR ATTEMPTED ROBBERY TO REASONABLY BELIEVE THE PERSON IS ARMED WITH A DEADLY WEAPON, IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE IMPRISONED NOT MORE THAN TWENTY YEARS.
Referred to Committee on Judiciary
H. 4869 (Word version) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J. H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D. C. Smith, J. E. Smith, J. R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA'S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL.
On motion of Rep. GOVAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4870 (Word version) -- Reps. Govan, Moody-Lawrence, Breeland, R. Brown, Cato, Hosey, Howard and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-456 SO AS TO PROVIDE THAT AN EMPLOYEE MAY BE GRANTED BY HIS EMPLOYER A SPECIFIED AMOUNT OF ADDITIONAL PAID LEAVE EACH YEAR FOR THE PURPOSE OF ATTENDING CERTAIN ELEMENTARY AND SECONDARY SCHOOL CONFERENCES OR ACTIVITIES DURING THE EMPLOYEE'S WORK HOURS, OR TO ENGAGE IN CERTAIN VOLUNTEER TEACHING ACTIVITIES IN SUCH SCHOOLS, TO PROVIDE THAT THE EMPLOYERS OF THESE EMPLOYEES ARE ENTITLED TO A SPECIFIED STATE INCOME TAX DEDUCTION FOR THESE ACTIVITIES, AND TO PROVIDE THE PROCEDURES NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
Referred to Committee on Ways and Means
H. 4871 (Word version) -- Reps. Scott and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-135 SO AS TO PROVIDE THAT BEGINNING WITH THE 2002-03 SCHOOL YEAR, THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH THE STATE SCHOLARSHIPS AND GRANTS GUIDANCE COUNSELOR WORKSHOP WHICH SHALL BE ATTENDED BY MIDDLE SCHOOL AND HIGH SCHOOL GUIDANCE COUNSELORS OF THIS STATE, AND TO PROVIDE THAT THE COMMISSION SHALL DEVELOP OTHER INFORMATION FOR GUIDANCE COUNSELORS, PARENTS, AND STUDENTS IN REGARD TO FUNDING SOURCES FOR COLLEGE, AND TO PROVIDE FOR CERTAIN PROCEDURES TO BE FOLLOWED IN REGARD TO THIS WORKSHOP.
Referred to Committee on Education and Public Works
H. 4874 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3395 SO AS TO PROVIDE THAT A PARENT OR LEGAL GUARDIAN OF A CHILD IN A HOME SCHOOL PROGRAM SHALL BE ENTITLED TO A FIVE HUNDRED DOLLAR REFUNDABLE INDIVIDUAL INCOME TAX CREDIT PER CHILD EACH YEAR BEGINNING WITH THE YEAR 2002, AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THIS TAX CREDIT; AND BY ADDING SECTION 59-65-48 SO AS TO PROVIDE THAT HOME SCHOOL STUDENTS SHALL HAVE ACCESS TO THE LIBRARIES OF THE PUBLIC SCHOOLS IN THEIR COUNTY OF RESIDENCE APPROPRIATE TO THEIR AGE AND GRADE LEVEL DURING THE SAME HOURS AND UNDER THE SAME TERMS AND CONDITIONS THAT STUDENTS ENROLLED IN THE SCHOOL ARE AFFORDED AND TO PROVIDE THAT HOME SCHOOL STUDENTS MAY PURCHASE SCHOOL TEXTBOOKS FROM THE STATE BOOK DEPOSITORY USED IN THE PUBLIC SCHOOLS OF THIS STATE AT THE STATE'S CONTRACTED PRICE FOR THOSE TEXTBOOKS.
Referred to Committee on Ways and Means
H. 4875 (Word version) -- Reps. Simrill and McGee: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-480 SO AS TO PROVIDE THAT IN A CRIMINAL PROCEEDING BROUGHT PURSUANT TO THIS CHAPTER, THE CRIME IS CONSIDERED TO HAVE BEEN COMMITTED IN A COUNTY IN WHICH A PART OF THE OFFENSE TOOK PLACE, REGARDLESS OF WHETHER THE DEFENDANT WAS EVER ACTUALLY IN THAT COUNTY; AND TO AMEND CHAPTER 11, TITLE 34, BY ADDING SECTION 34-11-55 SO AS TO PROVIDE THAT IN A CRIMINAL PROCEEDING BROUGHT PURSUANT TO THIS CHAPTER, THE CRIME IS CONSIDERED TO HAVE BEEN COMMITTED IN A COUNTY IN WHICH A PART OF THE OFFENSE TOOK PLACE, REGARDLESS OF WHETHER THE DEFENDANT WAS EVER ACTUALLY IN THAT COUNTY.
Referred to Committee on Judiciary
H. 4876 (Word version) -- Reps. Koon, Frye, Rhoad and Ott: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
Rep. COBB-HUNTER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. RICE objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1020 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.
Referred to Committee on Labor, Commerce and Industry
S. 1064 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2637, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 4865 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND GEORGE W. LEROY FOR HIS LIFETIME OF SERVICE TO THE AMERICAN LEGION AND TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR ALL HIS EFFORTS ON BEHALF OF VETERANS IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. ALLISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4866 (Word version) -- Reps. Allison and Vaughn: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, APRIL 10, 2002, "MISS SOUTH CAROLINA DAY AT THE CAPITOL" IN RECOGNITION OF THE BEAUTY, GRACE, AND TALENT OF MISS SOUTH CAROLINA 2001, JEANNA RANEY OF INMAN.
Whereas, the members of the General Assembly take great delight in honoring Jeanna Raney of Inman by declaring Wednesday, April 10, 2002, "Miss South Carolina Day at the Capitol"; and
Whereas, Jeanna Raney was born April 5, 1981, the daughter of Sam Raney and the late Rhonda Raney; and
Whereas, Jeanna is an excellent student who graduated in the top five percent of her class at Chapman High School with a 4.14 grade point average and is a junior at the University of South Carolina and is a member of the Honor Society; and
Whereas, Jeanna aspires to obtain a Bachelor of Science Degree in Business Administration with an emphasis in Marketing and a minor in Media Arts; and
Whereas, Jeanna Raney is making positive impacts on the lives of many during her year of service as she educates South Carolinians on the threat of suicide and ways to prevent it; and
Whereas, it is appropriate that the members of the General Assembly pause in their deliberations to honor Miss South Carolina 2001, Jeanna Raney and declare Wednesday, April 10, 2002, "Miss South Carolina Day at the Capitol". Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, declare April 10, 2002, "Miss South Carolina Day at the Capitol" in recognition of the beauty, grace, and talent of Jeanna Raney of Inman, Miss South Carolina 2001.
Be it further resolved that a copy of this resolution be forwarded to Miss South Carolina 2001, Jeanna Raney of Inman.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. ALLISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4867 (Word version) -- Reps. Allison and Vaughn: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MISS SOUTH CAROLINA PAGEANT CONTESTANTS AND REPRESENTATIVES ON WEDNESDAY, APRIL 10, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND INTRODUCED.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Miss South Carolina Pageant contestants and representatives on Wednesday, April 10, 2002, at a time to be determined by the Speaker, for the purpose of being recognized and introduced.
The Resolution was adopted.
The following was introduced:
H. 4872 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO HONOR AND EXTOL REVEREND WILLIE B. MCMAHAND OF PIEDMONT ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY ON MARCH 11, 2002, AT FLAT ROCK BAPTIST CHURCH, WHERE HE WILL CELEBRATE WITH FAMILY AND FRIENDS, AND TO WISH HIM MUCH HAPPINESS IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4873 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION SALUTING CHARLES M. JOYE II ON BEING NAMED "ENGINEER OF THE YEAR" FOR THE PIEDMONT CHAPTER OF THE SOUTH CAROLINA SOCIETY OF PROFESSIONAL ENGINEERS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Rhoad Rice Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, March 7.
William Clyburn Fletcher Smith Bill Cotty William Bowers Bill Riser Todd Rutherford Richard Quinn Alex Harvin
DOCTOR OF THE DAY
Announcement was made that Dr. Thomas E. Gibbons of Columbia is the Doctor of the Day for the General Assembly.
Rep. CHELLIS presented to the House the Summerville High School Girls "Wave" Cross Country Team, the 2001-2002 Class AAAA Champions, their coach and other school officials.
Reps. CHELLIS, OWENS and A. YOUNG presented to the House the Summerville High School Girls "Wave" Swim Team, the 2001-2002 Class AAAA State Champions, their coach and other school officials.
Reps. CHELLIS, OWENS and A. YOUNG presented to the House Mallory Hetzel of Summerville High School, the 2001-2002 South Carolina High School Girls Golf Champion, her coach and other school officials.
Reps. CHELLIS, OWENS and A. YOUNG presented to the House the Summerville High School Wrestling Team, the 2001-2002 Class AAAA State Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4830 (Word version)
Date: ADD:
03/07/02 D. C. SMITH
Bill Number: H. 4830 (Word version)
Date: ADD:
03/07/02 WHITE
Bill Number: H. 4830 (Word version)
Date: ADD:
03/07/02 WALKER
Bill Number: H. 4830 (Word version)
Date: ADD:
03/07/02 TOWNSEND
Bill Number: H. 4830 (Word version)
Date: ADD:
03/07/02 MARTIN
Bill Number: H. 4830 (Word version)
Date: ADD:
03/07/02 KENNEDY
Bill Number: H. 4830 (Word version)
Date: ADD:
03/07/02 HUGGINS
Bill Number: H. 4830 (Word version)
Date: ADD:
03/07/02 KLAUBER
Bill Number: H. 4830 (Word version)
Date: ADD:
03/07/02 MCLEOD
Bill Number: H. 4737 (Word version)
Date: ADD:
03/07/02 D. C. SMITH
Bill Number: H. 3823 (Word version)
Date: ADD:
03/07/02 EASTERDAY
Bill Number: H. 4769 (Word version)
Date: ADD:
03/07/02 WEBB
Bill Number: H. 4134 (Word version)
Date: ADD:
03/07/02 TROTTER
Bill Number: H. 4737 (Word version)
Date: REMOVE:
03/07/02 EASTERDAY
Bill Number: H. 4737 (Word version)
Date: REMOVE:
03/07/02 TRIPP
Rep. HARRELL moved that when the House adjourns it adjourn to meet in Local Session on Friday, March 8 and to convene at 11:00 a.m., Tuesday, March 12, in Statewide Session, which was agreed to.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3957 (Word version) -- Reps. J. E. Smith and Allison: A BILL TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.
H. 4383 (Word version) -- Reps. Limehouse, Altman, Campsen, Chellis, Harvin, J. R. Smith, Snow, Whatley, Taylor, Rodgers and Barfield: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 62 SO AS TO PROVIDE FOR THE ISSUANCE OF ARTIFICIAL REEF SPECIAL LICENSE PLATES AND TO PROVIDE THAT THE PROCEEDS OBTAINED FROM THE ISSUANCE OF THE LICENSE PLATES WOULD BE USED BY THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND MAINTAIN ARTIFICIAL REEFS ALONG THE STATE'S COASTLINE.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4830 (Word version) -- Reps. Limehouse, Wilkins, A. Young, Owens, Law, Allison, Bales, Campsen, Cato, Chellis, Cotty, Emory, Fleming, Gilham, Harrell, Koon, Leach, Rice, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, G. M. Smith, Thompson, Vaughn, J. Young, Stuart, Easterday, Hamilton, Lucas, Jennings, Barfield, Hayes, Battle, Meacham-Richardson, Kirsh, G. Brown, Moody-Lawrence, McCraw, Phillips, Tripp, Perry, Sharpe, J. R. Smith, R. Brown, Hinson, Breeland, Gourdine, Talley, Taylor, Whipper, Littlejohn, Bingham, Carnell, Neilson, Miller, Freeman, D. C. Smith, White, Walker, Townsend, Martin, Kennedy, Huggins, Klauber and McLeod: A BILL TO AMEND CHAPTER 48, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA'S "SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS", SO AS TO RENAME THIS SCHOOL THE "CARROLL A. CAMPBELL, JR., SCHOOL OF SCIENCE AND MATHEMATICS".
On motion of Rep. JENNINGS, with unanimous consent, it was ordered that H. 4830 be read the third time tomorrow.
The following Bill was taken up:
H. 4412 (Word version) -- Reps. Scarborough, Altman, Coates and Campsen: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 94, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL MORRIS ISLAND LIGHTHOUSE LICENSE PLATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\ 18257CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-9400. (A) The department may issue 'Morris Island Lighthouse' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol of the Morris Island Lighthouse. Save the Light, Inc., shall submit to the department for its approval the emblem, seal, or other symbol it desires to be used for this special license plate. Save the Light, Inc., may request a change in the emblem, seal, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of one hundred dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be distributed to Save the Light, Inc., or another nonprofit fund designated by Save the Light, Inc., for the restoration and preservation of the Morris Island Lighthouse. Any remaining funds must be administered by Save the Light, Inc., used only for efforts to restore and preserve the Morris Island Lighthouse, and deposited in an appropriate nonprofit account designated by Save the Light, Inc.
(C) The department shall reserve the first twelve license plates for use by Save the Light, Inc.
(D) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(E) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding at the end:
"(D) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special plate."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. STUART asked unanimous consent that H. 4412 be read a third time tomorrow.
Rep. COOPER objected.
The following Bill was taken up:
H. 4432 (Word version) -- Reps. Owens, A. Young, Altman, Meacham-Richardson, Coates and Campsen: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 95 SO AS TO PROVIDE FOR THE ISSUANCE OF "GOD BLESS AMERICA" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1789CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-9500. (A) The department may issue 'God Bless America' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names. The special license plates must bear the words 'God Bless America', the United States Flag, and the silhouette of the State of South Carolina. Before this special license plate is produced, the department must receive written authorization for the use of any copyrighted words, registered logos, trademarks, or designs that appears on this license plate. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of sixteen dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be designated for use by the South Carolina National Guard for homeland security.
(C) Before the Department of Public Safety produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. Section 56-3-8100, as added by Act 63 of 1999, is amended by adding at the end:
"(D) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles in producing and administering the special plate."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. STUART, with unanimous consent, it was ordered that H. 4432 be read the third time tomorrow.
The following Bill was taken up:
H. 4519 (Word version) -- Reps. Easterday and Campsen: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES THE DEPARTMENT MAY ISSUE A SPECIAL LICENSE PLATE WHICH HAS IMPRINTED ON IT THE EMBLEM, SEAL, OR ANOTHER SYMBOL OF AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1790CM02), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION ___. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding at the end:
/ "(D) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special plate." /
Renumber sections to conform.
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. STUART, with unanimous consent, it was ordered that H. 4519 be read the third time tomorrow.
The following Bill was taken up:
S. 597 (Word version) -- Senators Wilson, Grooms and Branton: A BILL TO AMEND SECTION 56-3-8000 OF THE 1976 CODE TO PROVIDE THAT PRIVATE-PASSENGER MOTOR VEHICLES OR LIGHT PICKUPS HAVING AN EMPTY WEIGHT OF SEVEN THOUSAND POUNDS OR LESS MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION AND AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION UNDER SECTION 501 (C)(8) OF THE FEDERAL INTERNAL REVENUE CODE MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1791CM02), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION ___. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding at the end:
"(D) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special plate." /
Renumber sections to conform.
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. STUART, with unanimous consent, it was ordered that S. 597 be read the third time tomorrow.
The following Bill was taken up:
H. 4607 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-8200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ASSESS AN OPTIONAL ADDITIONAL FORTY DOLLAR FEE FOR THIS LICENSE PLATE, AND TO PROVIDE FOR THE DISTRIBUTION OF THIS OPTIONAL FEE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10835CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-8200(A) of the 1976 Code, as added by Act 63 of 1999, is amended to read:
"(A) The Department of Public Safety may issue motor vehicle license plates to members of Rotary International for private motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, which must be deposited in the state general fund and the special fee required by Section 56-3-2020, which must be deposited with the department and an additional special fee of forty dollars which must be distributed to the Rotary District in which the purchaser's home club is located in this State. The department must report to the South Carolina Rotary District designee the district chosen by the license plate issuee to which this fee must be distributed. The fee must be deposited in an account designated by each South Carolina Rotary District, and must be distributed properly by each district. Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."
SECTION 2. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding at the end:
"(D) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special plate."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. STUART, with unanimous consent, it was ordered that H. 4607 be read the third time tomorrow.
The following Bill was taken up:
H. 4680 (Word version) -- Reps. Talley and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SOUTH CAROLINA TECHNOLOGY ALLIANCE SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10834CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-9100. (A) The department may issue 'South Carolina Technology Alliance' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, seal, logo, or other symbol that represents the South Carolina Technology Alliance and technology. The South Carolina Technology Alliance must submit to the department for approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The South Carolina Technology Alliance may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of one hundred dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of the Motor Vehicle Division in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Technology Alliance for the continued development of high technology programs across the State and to provide resources for South Carolina Technology Entrepreneurs. The remaining funds must be administered by the South Carolina Technology Alliance, used only for efforts to develop and manage technology entrepreneur programs for South Carolina entrepreneurial high technology businesses, and deposited in an appropriate nonprofit account designated by the South Carolina Technology Alliance.
(C) The department shall reserve the initial fifty license plates in this series for use by the South Carolina Technology Alliance.
(D) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department must retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(E) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding at the end:
"(D) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special plate."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. STUART, with unanimous consent, it was ordered that H. 4680 be read the third time tomorrow.
The following Bill was taken up:
S. 504 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT'S MILITARY IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\ 5174CM02), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding at the end:
"(D) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special plate." /
Renumber sections to conform.
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. STUART, with unanimous consent, it was ordered that S. 504 be read the third time tomorrow.
The following Bill was taken up:
H. 4244 (Word version) -- Reps. A. Young and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-27-235 SO AS TO ALLOW NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-27-210, RELATING TO THE DEFINITION OF "EMPLOYER", SO AS TO EXTEND THE DEFINITION TO ANY NATIVE AMERICAN TRIBE AND ANY EMPLOYING UNIT REQUIRED TO PAY THE FEDERAL UNEMPLOYMENT TAX; TO AMEND SECTION 41-27-260, AS AMENDED, RELATING TO THE DEFINITION OF "EMPLOYMENT", SO AS TO EXTEND THE DEFINITION TO AN APPOINTED SUCCESSOR TO AN ELECTED OFFICIAL AND ADD AN EXEMPTION DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, AS AMENDED, RELATING TO AN EMPLOYER'S BASE RATE COMPUTATION PERIOD, SO AS TO EXPERIENCE RATE NEW EMPLOYERS AFTER TWELVE MONTHS AT THE NEXT ANNUAL RATING FOLLOWING THE YEAR IN WHICH THEY REACH THEIR TWELVE MONTH EXPERIENCE STATUS; TO AMEND SECTION 41-31-60, AS AMENDED, RELATING TO THE EMPLOYER DELINQUENT REPORT PENALTY, SO AS TO REDUCE THIS PENALTY; TO AMEND SECTION 41-31-110, AS AMENDED, RELATING TO THE SUCCESSOR RATING PERIOD, SO AS TO REDUCE THE RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO CONTRIBUTION REPORTS, SO AS TO REQUIRE ELECTRONIC CONTRIBUTION AND WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, SO AS TO CORRECT A REFERENCE.
Rep. LAW explained the Bill.
Rep. RICE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4641 (Word version) -- Rep. Cato: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NONFRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN PRE-LICENSING AND CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NONFRANCHISE AUTOMOBILE DEALERS.
Rep. LAW made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4712 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 20-7-2725, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DAYCARE CENTERS FROM EMPLOYING PERSONS WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FINANCIAL CRIME WHICH IS NOT A FELONY IS NOT PROHIBITED FROM BEING HIRED AND TO DEFINE "FINANCIAL CRIME".
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11330AC02), which was adopted:
Amend the bill, as and if amended, by deleting Section 20-7-2725(A)(4)(a) and inserting:
/(a) the felony crimes of forgery, bank fraud, issuing fraudulent checks, financial transaction card fraud, and shoplifting;/
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. EASTERDAY, with unanimous consent, it was ordered that H. 4712 be read the third time tomorrow.
The following Bill was taken up:
H. 3450 (Word version) -- Reps. Bingham, Knotts, Lourie, J. E. Smith and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22356CM02):
Amend the bill, as and if amended, by striking SECTION 1, and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-2925. (A) A person who unintentionally causes the death of another person while violating a state law or local ordinance which applies to the operation or use of a vehicle or to the regulation of traffic, and the violation is the proximate cause of the accident, is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(B) For the purposes of this section, 'state law or ordinance which applies to the operation or use of the vehicle or to the regulation of traffic' does not include the offenses of causing great bodily injury or death by operating a vehicle while under the influence of alcohol, drugs, or the combination of both, or reckless homicide." /
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Reps. J. H. NEAL, RUTHERFORD, BALES, J. YOUNG, G. M. SMITH, HOSEY, BINGHAM, MCGEE, HOWARD, COATES, J. BROWN, MACK, GOURDINE, LEACH, LOFTIS, RHOAD and KNOTTS requested debate on the Bill.
The following Bill was taken up:
H. 3049 (Word version) -- Reps. Campsen, Altman, Simrill, Cotty and Knotts: A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME" FOR THIS PURPOSE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11210AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 17-24-40 of the 1976 Code is amended by adding at the end:
"(F) If a defendant or patient is committed to the supervision of the Department of Mental Health pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the defendant or patient may not leave the facility or grounds to which he is committed at any time unless accompanied by an employee of the department who must be responsible for and in the physical presence of the defendant or patient at all times. For purposes of this section, a violent crime includes those offenses described in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3049 be read the third time tomorrow.
The following Bill was taken up:
H. 3849 (Word version) -- Reps. Sinclair, J. E. Smith, Cotty, Allen, Allison, Barrett, McLeod, Campsen, Coleman, Davenport, Delleney, Easterday, Fleming, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Lee, Littlejohn, Lourie, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Rivers, Robinson, Sandifer, F. N. Smith, W. D. Smith, Talley, Townsend, Vaughn, Walker, Weeks, White, Wilder, Wilkins and J. Young: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE, AMONG OTHER THINGS, THE QUALIFICATIONS BASED ON THE POPULATION OF THE COUNTY IN WHICH THE PROBATE JUDGE SERVES.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11351AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Private Guardian ad Litem Reform Act".
SECTION 2. Subarticle 2, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1545. (A) In a private action before the family court in which custody or visitation of a minor child is an issue, the court may appoint a guardian ad litem only when it determines that:
(1) without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem; or
(2) both parties consent to the appointment of a guardian ad litem who is approved by the court.
(B) A guardian ad litem appointed pursuant to this section may be removed by the court upon good cause shown.
Section 20-7-1547. (A) A person may not be appointed a guardian ad litem in a private action involving custody or visitation unless qualified pursuant to this section. The court may appoint an attorney or a nonattorney, both of whom must be at least twenty-five years of age and qualified pursuant to this section, to be a guardian ad litem.
(B) A nonattorney must complete a minimum of nine hours of family law continuing legal or nonlegal education in the areas of custody and visitation and an additional three hours related to substantive law and procedure in family court to be qualified to serve as a guardian ad litem. A nonattorney also shall observe three contested custody merits hearings to be qualified to serve as a guardian ad litem. The continuing legal and nonlegal education courses provided to nonattorneys must be approved by the South Carolina Supreme Court Commission on Continuing Legal Education and Specialization.
(C) A nonattorney guardian ad litem appointed pursuant to this section must complete, annually, the continuing legal and nonlegal education hours as required in subsection (B), in order to remain qualified to serve as a guardian ad litem.
(D) A person may not be appointed as a guardian ad litem pursuant to this section who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, in Chapter 15 of Title 16, Offenses Against Morality and Decency, in Chapter 25 of Title 16, Criminal Domestic Violence, in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances, or for the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490, or who is or has ever been on the Department of Social Services Central Registry of Abuse and Neglect.
(E) A guardian ad litem, upon appointment, must provide an affidavit to the parties stating that the guardian ad litem has complied with the requirements of this section, including a statement that the person has not been convicted of a crime enumerated in subsection (E).
Section 20-7-1549. Upon its own motion or upon the motion of a party or the guardian ad litem, the court may appoint an attorney for the guardian ad litem. If the appointment is by consent order, the order must set forth the reasons for the appointment and establish a method and rate for compensating the attorney.
Section 20-7-1551. (A) The responsibilities and duties of a guardian ad litem include, but are not limited to:
(1) representing the best interests of the child;
(2) conducting an independent, balanced, and impartial investigation to determine the facts relevant to the situation of the child and the family, which must include:
(a) reviewing relevant documents and records. The guardian ad litem shall have access to the child's school records and medical records. The guardian ad litem may petition the family court for the medical records of the parties;
(b) if appropriate, meeting with and observing the child in the home-setting and considering the wishes of the child; and
(c) interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case.
(3) advocating for the child's best interests, including making clear, specific recommendations and referrals for evaluations, services, and treatment for the child and the child's family; however, if any recommendation or referral is for a psychiatric or psychological evaluation, service, or treatment, the recommendation or referral first must be presented to the court for approval;
(4) attending all court hearings, unless otherwise excused by the court, and providing accurate, current information directly to the court; and
(5) maintaining a complete file with notes rather than relying upon court files.
(B) A guardian ad litem also is responsible for presenting to the court and all other parties clear, comprehensive written reports including, but not limited to, a final written report regarding the child's best interests, which must include conclusions and recommendations and the facts upon which the reports are based. A final written report must be submitted to the court and all other parties no later than fifteen days before the merits hearing, unless the time frame is modified by the court. The written report must include the names of all persons interviewed by the guardian ad litem during the investigation and, if available, their addresses and telephone numbers.
(C) A guardian ad litem may submit briefs, memoranda, affidavits, or other documents on behalf of the child. Any report or recommendation of a guardian ad litem must be submitted in a manner consistent with the South Carolina Rules of Evidence and other state law.
Section 20-7-1553. (A) At the time of appointment, the family court judge shall set forth the method and rate of compensation for the guardian ad litem, who must submit, when fees and costs accrue, a periodic itemized billing to include a statement of hours, expenses, costs, and fees to the parties and their attorneys. Additionally, the court must consider the ability of a party to pay fees and costs at the time the court appoints a guardian ad litem.
(B) A party may petition the court to review the reasonableness of the fees and costs of the guardian ad litem and the attorney for the guardian ad litem at any time during the action.
(C) A guardian ad litem appointed by the court is entitled to reasonable compensation, subject to review and approval by the court. In determining the reasonableness of the fees and costs, the court shall take into account the complexity of the issues before the court, the contentiousness of the litigation, the time expended, the expenses reasonably incurred by the guardian ad litem and any other factors the court considers necessary.
Section 20-7-1555. A guardian ad litem appointed by the family court in a custody or visitation action must, upon notice of the appointment, provide written disclosure to each party:
(1) of the nature, duration, and extent of any relationship the guardian ad litem or any member of the guardian's immediate family residing in the guardian's household has with any party;
(2) of any interest adverse to any party or attorney which might cause the impartiality of the guardian ad litem to be challenged;
(3) any membership or participation in any organization related to child abuse, domestic violence, or drug and alcohol abuse."
SECTION 3. (A) Section 20-7-1555 of the 1976 Code is redesignated as Section 20-7-1525, and Section 20-7-1557 is redesignated Section 20-7-1535, both of which are to be placed within Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code.
(B) Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is renamed "Special Custody and Visitation Provisions".
(C) Subarticle 2, Article 11, Chapter 7, Title 20 of the 1976 Code is renamed "Private Guardians ad Litem".
SECTION 4. This act takes effect July 1, 2002./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Rep. WEEKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. SCARBOROUGH, with unanimous consent, it was ordered that H. 4412 be read the third time tomorrow.
The Senate amendments to the following Bill were taken up for consideration:
H. 4682 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT AFTER JUNE 30, 2001, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion period was dispensed with on motion of Rep. HARRISON.
Rep. CAMPSEN moved to adjourn debate upon the following Bill until Sunday, April 14, which was adopted:
H. 3093 (Word version) -- Reps. Campsen, Harrison, Altman, Simrill, Owens, Robinson, Easterday and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.
The following Bill was taken up:
S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.
Reps. HARRISON and MCLEOD proposed the following Amendment No. 6 (Doc Name COUNCIL\NBD\AMEND\ 11357AC02), which was adopted:
Amend the bill, as and if amended, by deleting SECTIONS 2 and 3 of the bill in their entirety and inserting:
/SECTION 2. Section 44-37-30 of the 1976 Code is amended to read:
"Section 44-37-30. (A) Every A child born in this State, except a child born of a parent who objects on religious grounds and indicates this objection before testing on a form promulgated in regulation by the Department of Health and Environmental Control, shall have neonatal testing to detect inborn metabolic errors and hemoglobinopathies. The Department of Health and Environmental Control shall prescribe by regulation the tests to be performed, the persons and institutions responsible for obtaining necessary samples for the prescribed test, the procedures to be followed in testing and recording the results of the tests, methods and procedures for storage of the samples, and the provision of appropriate counseling and medical referral. Blood taken to perform these tests must be stored by the department at minus 20° centigrade and available for additional tests as the department prescribes by regulation.
(B) Information obtained as a result of the tests conducted pursuant to this section is confidential and may be released only to a parent or legal guardian of the child, the child's physician, and the child when eighteen years of age or older when requested on a form promulgated in regulation by the department.
(C) A blood sample obtained pursuant to this section is confidential and may be released only as the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, directs the department at the time of testing or at any time after that on a form promulgated in regulation by the department.
(D)(1) Unless otherwise directed pursuant to this subsection, a blood sample obtained pursuant to this section must be stored by the department at minus 20º centigrade and may be released for purposes of confidential, anonymous scientific study. The release of a blood sample must conform with regulations promulgated by the department. At the time of testing or at any time after that, on a form promulgated in regulation by the department, the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, may direct the department to:
(a) return a blood sample in its entirety and any test results not less than two years after the date of testing;
(b) destroy a blood sample in a scientifically acceptable manner not less than two years after the date of the testing; or
(c) store a blood sample at minus 20º centigrade but not release the blood sample for confidential, anonymous scientific study.
(2) A blood sample released for confidential, anonymous study pursuant to this section must not contain information which may be used to determine the identity of the donor. A blood sample released pursuant to this section may contain demographic or other statistical information. If scientific study identifies genetic information that may benefit the child, the department may notify confidentially the parent or legal guardian, or the child if eighteen years of age or older, of this information.
(E) (1) A blood sample that has not been stored at minus 20° centigrade before the effective date of this section must be destroyed in a scientifically acceptable manner six months from the effective date of this section unless a parent or legal guardian of a child from whom a blood sample was obtained, or the child if eighteen years of age or older, requests return of the blood sample on a form provided by the department.
(2) A blood sample stored at minus 20° centigrade pursuant to this section before the effective date of this section must be retained as prescribed in subsection (D) unless directed by the parent or legal guardian of the child from whom a blood sample was obtained to destroy or return the blood sample.
(F) The department shall promulgate regulations necessary for the implementation of this section. All forms must include information concerning the benefits of neonatal testing and storage of a blood sample.
(G) A person who violates this section or fails to comply with the regulations promulgated pursuant to this section or who provides or obtains or otherwise tampers with a blood sample collected pursuant to this section is guilty of a misdemeanor and, upon conviction, must may be fined not more than one hundred fifty thousand dollars or imprisoned for not more than thirty days. Children of parents objecting to tests on religious grounds are not required to receive the tests three years."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. KLAUBER proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\AMEND\11347AC02), which was tabled:
Amend the bill, as and if amended, Section 30-2-20, page 1, line 42 by deleting /, use and dissemination of/; and on page 2, line 2 by deleting /statutorily/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bales Barfield Barrett Battle Bingham Bowers Brown, G. Brown, R. Campsen Carnell Cato Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Hines, J. Hinson Hosey Huggins Jennings Keegan Kelley Kirsh Klauber Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Rhoad Rice Riser Rodgers Rutherford Sandifer Scarborough Sharpe Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Webb Weeks Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4545 (Word version) -- Rep. Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-285 SO AS TO ALLOW COSMETOLOGISTS, ESTHETICIANS, AND MANICURISTS TO PRACTICE IN BARBERSHOPS.
Rep. BINGHAM explained the Bill.
Rep. G. BROWN spoke in favor of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Easterday Emory Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hines, J. Hines, M. Hinson Hosey Huggins Jennings Kelley Kirsh Klauber Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scarborough Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whipper White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Edge Howard
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 4545 be read the third time tomorrow.
The following Bill was taken up:
H. 4402 (Word version) -- Reps. Vaughn, Merrill, Altman, Rodgers, Walker and Leach: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES.
Rep. VAUGHN explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bales Barfield Barrett Battle Bingham Bowers Brown, G. Brown, J. Campsen Carnell Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Frye Gilham Govan Hamilton Harrell Harrison Haskins Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kirsh Klauber Koon Leach Limehouse Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Rice Riser Rodgers Sandifer Scarborough Sharpe Sheheen Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Weeks White Wilder Wilkins Young, A.
Those who voted in the negative are:
Breeland Brown, R. Mack Moody-Lawrence Rutherford Scott Whipper
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 4402 be read the third time tomorrow.
The following Bill was taken up:
H. 3823 (Word version) -- Reps. Altman, Hinson, Campsen and Easterday: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".
Rep. EASTERDAY explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bales Barfield Barrett Bingham Brown, G. Campsen Carnell Cato Chellis Coates Cooper Cotty Dantzler Easterday Edge Emory Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Haskins Hines, M. Hinson Huggins Keegan Kelley Kirsh Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Neal, J.M. Neilson Owens Perry Phillips Quinn Rice Riser Rodgers Rutherford Sandifer Scarborough Sharpe Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Webb Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Battle Bowers Brown, R. Cobb-Hunter Fleming Hines, J. Hosey Howard Jennings Lee Lloyd Mack Miller Moody-Lawrence Neal, J.H. Parks Scott Weeks
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4421 (Word version) -- Reps. Townsend, Walker and Littlejohn: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21071SD02):
Amend the bill, as and if amended, by striking item (2), subsection (B) of Section 59-18-1580 of the 1976 Code, as contained in SECTION 1, and inserting:
/ (2) arbitrate personnel matters between the district board and district superintendent when the State Board of Education is informed that the district board is considering dismissal of the superintendent, and the parties agree to arbitration; /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND moved to adjourn debate on the Bill until Tuesday, March 19, which was agreed to.
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., March 7, 2002
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 noon today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4501 (Word version) -- Rep. Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
Ordered for consideration tomorrow.
The following was introduced:
H. 4877 (Word version) -- Reps. Scarborough, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH ON WEDNESDAY, FEBRUARY 20, 2002, OF PAUL J. GELEGOTIS OF JAMES ISLAND, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, SUCCESSFUL BUSINESSMAN, AND THE FATHER OF EMERGENCY MEDICAL SERVICES IN CHARLESTON COUNTY, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4882 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A BILL TO AMEND ACT 587 OF 1994, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO DELETE THE PROVISIONS MAKING THE CLERK AN EX OFFICIO MEMBER OF THE BOARD AND PROVIDING FOR THE CLERK TO RECEIVE A SALARY IN ADDITION TO THAT AMOUNT PAID TO MEMBERS OF THE BOARD, AND AUTHORIZE THE BOARD TO HIRE A DIRECTOR TO PERFORM SUCH RESPONSIBILITIES AS THE BOARD SHALL DETERMINE.
On motion of Rep. FREEMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4883 (Word version) -- Reps. Miller, Battle, Freeman, Hayes, Jennings, Keegan, Kennedy and Snow: 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 GREAT PEE DEE RIVER AS A SCENIC RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4884 (Word version) -- Reps. Hinson, Merrill, Law, Gourdine and Dantzler: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL TAX ASSESSMENTS TO HISTORIC PROPERTIES, SO AS TO REQUIRE, BEFORE THE APPLICATION IS FILED, THE OWNER OR ORGANIZATION SEEK THE PERMISSION OF THE LEGISLATIVE DELEGATION OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED.
Referred to Committee on Ways and Means
H. 4885 (Word version) -- Reps. Hinson, Merrill, Law, Gourdine and Dantzler: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL TAX ASSESSMENTS TO HISTORIC PROPERTIES, SO AS TO REQUIRE, BEFORE THE APPLICATION IS FILED, THE APPROVAL OF THE GOVERNING BODY WHERE THE PROPERTY IS LOCATED.
Referred to Committee on Ways and Means
H. 4886 (Word version) -- Reps. Hinson, Merrill, Law, Gourdine and Dantzler: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL TAX ASSESSMENTS TO HISTORIC PROPERTIES, SO AS TO PROVIDE, THAT BEFORE AN APPLICATION IS FILED, THE OWNER OR ORGANIZATION SEEKING THE SPECIAL ASSESSMENT MUST PROVIDE AN INVENTORY OF ALL PROPERTY LOCATED IN THE HISTORIC AREA INCLUDING THEIR FAIR MARKET VALUES AS DETERMINED BY THE COUNTY ASSESSOR.
Referred to Committee on Ways and Means
H. 4887 (Word version) -- Reps. White, Cotty, J. Brown, Gilham, Howard, Kirsh, Meacham-Richardson, Moody-Lawrence, Rodgers, G. M. Smith, Stille, Stuart and J. Young: A BILL TO AMEND SECTION 20-7-767, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE DEPARTMENT TO OBTAIN ARREST AND CONVICTION RECORDS OF PARENTS OF CHILDREN IN FOSTER CARE, TO MAKE THESE RECORDS A PART OF THE CHILD'S RECORD, AND TO CONSIDER THIS INFORMATION WHEN DEVELOPING AND REVIEWING TREATMENT AND PERMANENCY PLANS.
Referred to Committee on Judiciary
H. 4888 (Word version) -- Reps. Miller, Bales, Cotty, Whipper, Hosey, G. M. Smith, Weeks, J. Young, Allen, Battle, Bowers, Dantzler, Davenport, Delleney, Emory, Hayes, J. Hines, Kirsh, Lloyd, Martin, McCraw, J. M. Neal, Neilson, Rodgers, J. E. Smith, Stille, Thompson and Whatley: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION AND TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 8 SO AS TO ENACT THE "NO TELEPHONE SOLICITATION ACT", TO PROVIDE FOR THE COMPILATION AND MAINTENANCE BY THE PUBLIC SERVICE COMMISSION OF A LIST OF TELEPHONE CUSTOMERS WHO DO NOT WANT TO BE SOLICITED BY TELEPHONE, TO REQUIRE TELEPHONE SOLICITORS TO ACQUIRE THE LIST FOR A FEE AND PROHIBIT THEM FROM SOLICITING THE CUSTOMERS ON THE LIST BY TELEPHONE, AND TO PROVIDE FOR CIVIL PENALTIES FOR VIOLATIONS OF THE PROVISIONS; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT THE "NO TELEPHONE SOLICITATION LIST" DATABASE; AND TO AMEND SECTION 16-17-445, AS AMENDED, RELATING TO CRIMINAL REGULATION OF UNSOLICITED TELEPHONE CALLS, SO AS TO REQUIRE THE USE OF THE "NO TELEPHONE SOLICITATION LIST" BY A TELEPHONE SOLICITOR.
Referred to Committee on Labor, Commerce and Industry
H. 4889 (Word version) -- Reps. Meacham-Richardson, Allison, Cobb-Hunter, Davenport, Emory, Kirsh, Littlejohn, Miller, J. H. Neal, J. M. Neal, Sinclair, J. E. Smith, J. R. Smith, Snow, Thompson, Wilder, Witherspoon and A. Young: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "APPROPRIATE SUPERVISORY OFFICE" REFERENCES TO THE SENATE AND HOUSE ETHICS COMMITTEES AND DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS ALLEGING THE VIOLATIONS COMPLAINED OF AND PRAYING FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION AND TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; BY ADDING SECTION 8-13-365 SO AS TO REQUIRE THE ETHICS COMMISSION TO ESTABLISH A SYSTEM OF ELECTRONIC FILING, REQUIRE DISCLOSURES AND FILINGS BE FILED ELECTRONICALLY, AND RECEIPTS OR EXPENDITURES BE REPORTED ELECTRONICALLY WITH CERTAIN TIMES; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE AND PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS ALLEGING THE VIOLATION COMPLAINED OF PRAYING FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "APPROPRIATE SUPERVISORY OFFICE" TO DELETE REFERENCES TO THE SENATE AND HOUSE ETHICS COMMITTEES AND AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AND REQUIRE THE OCCUPATION AND EMPLOYER BE MAINTAINED BY THE CANDIDATE, COMMITTEE, OR BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN TWO HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN TWO HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION, AND REQUIRE A CERTIFIED CAMPAIGN REPORT TO BE FILED UPON THE RECEIPT OF ANYTHING OF VALUE TOTALING, IN AN ACCUMULATED AGGREGATE, TWO THOUSAND FIVE HUNDRED DOLLARS OR MORE; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTION 8-13-1160 RELATING TO FORWARDING COPIES OF STATEMENTS OF ECONOMIC INTEREST FROM THE LEGISLATIVE ETHICS COMMITTEES TO THE STATE ETHICS COMMISSION.
Referred to Committee on Judiciary
H. 4890 (Word version) -- Reps. Hinson, Altman, Loftis, Law, Scarborough, Merrill, Owens, Knotts, Trotter, Edge, Limehouse, Haskins, Freeman, Leach, Bales, Gourdine, Whatley, Dantzler, Talley and Easterday: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.
Referred to Committee on Ways and Means
Rep. TROTTER moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 12:00 noon the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R203, S. 520 (Word version)) -- Senator Patterson: AN ACT TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
(R204, S. 826 (Word version)) -- Senators Martin and Elliott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, AS AMENDED, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2003, BEFORE WHICH DATE IT MUST MAKE ITS REPORT, AND TO FURTHER PROVIDE FOR THE DURATION OF A MEMBER'S TERM.
(R205, S. 856 (Word version)) -- Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep and Drummond: AN ACT TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, TO PROVIDE THE DEPARTMENT MAY USE UP TO ONE THIRD OF THE FUNDS FOR LAW ENFORCEMENT, NOXIOUS AQUATIC WEED CONTROL, AND ACQUISITION, TO PROVIDE THAT REVENUE COLLECTED OR FUNDS REMAINING IN THE WATER RECREATIONAL RESOURCES FUND CREATED BY ACT 1134 OF 1968 MUST BE TRANSFERRED TO THE FUND, TO PROVIDE THAT CERTAIN FUNDS COLLECTED BY THE STATE TREASURY MUST BE ALLOCATED TO THE FUND, TO PROVIDE FOR DISPOSITION OF SURPLUS PROPERTY BY THE DEPARTMENT AND THAT IT IS UNLAWFUL FOR RETIRED EMPLOYEES OF THE DEPARTMENT TO PURCHASE SURPLUS PROPERTY DIRECTLY FROM THE DEPARTMENT, TO PROVIDE FOR THE DISPOSITION OF PROCEEDS FROM THE SALE OF THE DEPARTMENT'S SURPLUS PROPERTY ORIGINALLY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS, AND TO PROVIDE THAT THE DEPARTMENT MUST PROVIDE COUNTY LEGISLATIVE DELEGATIONS WITH AN ANNUAL INVENTORY OF PROPERTY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS.
(R206, S. 877 (Word version)) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
(R207, S. 933 (Word version)) -- Senators Ravenel, McConnell and Grooms: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
(R208, S. 965 (Word version)) -- Senator Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.
(R209, H. 3447 (Word version)) -- Reps. Cato, Cobb-Hunter, Jennings, Bales, Barfield, Barrett, Battle, G. Brown, J. Brown, Carnell, Davenport, Delleney, Edge, Harrison, Hayes, Hinson, Howard, Kelley, Knotts, Lee, Limehouse, Littlejohn, Lourie, McCraw, Meacham-Richardson, J.H. Neal, Rutherford, Sandifer, Scott, F.N. Smith, J.E. Smith, Talley, Taylor, Walker, Webb, Whatley, Whipper, Wilkins, White, Miller and Simrill: AN ACT TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF SOCIAL WORKERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO REVISE SOCIAL WORK LICENSURE CLASSIFICATIONS AND THEIR RESPECTIVE AREAS AND SCOPE OF PRACTICE; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF SOCIAL WORKERS; AND TO PROVIDE PROCEDURES, REQUIREMENTS, IF ANY, AND TIME FRAMES WITHIN WHICH TO CONVERT A CURRENT LICENSE TO A LICENSE WITHIN THE REVISED CLASSIFICATIONS.
(R210, H. 4485 (Word version)) -- Reps. Huggins, Bingham, Edge, Frye, Koon, Riser and Sandifer: AN ACT TO AMEND SECTIONS 25-1-420, 25-1-430, 23-49-20, 23-49-30, 23-49-60, 38-75-470, AS AMENDED, 44-61-30, AS AMENDED, 48-40-60, AND 49-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION".
(R211, H. 4567 (Word version)) -- Reps. Taylor, Carnell and Wilder: AN ACT TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAMES OF CERTAIN PRECINCTS AND REDESIGNATE THE MAP REFERENCE OF THE MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(R212, H. 4804 (Word version)) -- Reps. Harvin and J. Young: A JOINT RESOLUTION TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD OF ANY INSTRUCTIONAL PROGRAM; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO ITS FISCAL EMERGENCY; AND TO EXEMPT THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT UNDER THE EDUCATION FINANCE ACT FOR FISCAL YEAR 2001-2002; AND TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2002-2003 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO FISCAL EMERGENCY, AND TO EXEMPT THE DISTRICT FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT AND THE EDUCATION FINANCE ACT.
The Senate returned to the House with concurrence the following:
H. 4856 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE KARIN B. SKIPPER OF MID-CAROLINA HIGH SCHOOL IN NEWBERRY COUNTY UPON BEING NAMED THE EARTH SCIENCE TEACHER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA, THE SOUTH CAROLINA EARTH SCIENCE TEACHERS ASSOCIATION, THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND THE UNIVERSITY OF SOUTH CAROLINA CENTER FOR SCIENCE EDUCATION, AND TO EXTEND SINCERE APPRECIATION FOR HER OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO PUBLIC EDUCATION IN SOUTH CAROLINA.
H. 4862 (Word version) -- Reps. Chellis, A. Young and Owens: A CONCURRENT RESOLUTION TO HONOR WOODY WOODCOCK OF SUMMERVILLE FOR AN AMAZING BOXING CAREER AND TO CONGRATULATE HIM FOR BEING INDUCTED INTO THE CAROLINAS BOXING HALL OF FAME ON APRIL 5, 2002, AT LOWE'S MOTOR SPEEDWAY CLUB IN CHARLOTTE, NORTH CAROLINA.
At 12:25 p.m. the House, in accordance with the motion of Rep. WEEKS, adjourned in memory of Essie Vermell Gibson Benbow of Sumter, to meet at 10:00 a.m. tomorrow.
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