South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives


Printed Page 1254 . . . . . Wednesday, March 2, 2005

Wednesday, March 2, 2005
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 25:1: "To you, O Lord, I lift up my soul, in you I trust, O my God."
Let us pray. Almighty God, fill us with desire to do Your road work. Come into our lives to lead and direct in the ways You want us to go. Provide these servants to do what is good for this State. Guard and protect each one. Look in favor upon our Nation, President, State and leaders. Keep our defenders of freedom in Your safe care. In Your holy name. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. WALKER moved that when the House adjourns, it adjourn in memory of Dr. D. C. Hull of Spartanburg, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3249 (Word version) -- Reps. White, Walker, Davenport and Mahaffey: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION;


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AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, AND AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3412 (Word version) -- Reps. Harrison, Bales, Cotty, Brady, Whipper, Vaughn, Branham, Toole and Taylor: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSIONS TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT IF A PATIENT DOES NOT REQUIRE INVOLUNTARY TREATMENT, THE COURT, UPON PROPER NOTICE, SHALL DISMISS THE PETITION FOR COMMITMENT; TO AMEND SECTION 44-17-430, RELATING TO TAKING PERSONS WHO ARE BELIEVED TO BE A DANGER TO THEMSELVES OR OTHERS INTO CUSTODY, SO AS TO PROVIDE THAT AN ORDER AUTHORIZING SUCH CUSTODY IS VALID ONLY FOR SEVENTY-TWO HOURS; TO ADD SECTION 44-13-05 SO AS TO ESTABLISH PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON WHO THE OFFICER BELIEVES TO BE MENTALLY ILL INTO PROTECTIVE CUSTODY AND TO PROVIDE IMMUNITY FROM LIABILITY; TO AMEND SECTION 44-17-580, RELATING TO PROCEDURES FOR JUDICIAL COMMITMENT TO A MENTAL HEALTH FACILITY, SO AS TO CLARIFY THESE PROCEDURES AND TO AUTHORIZE THE COURT TO ORDER OUT-PATIENT TREATMENT FOLLOWING IN-PATIENT COMMITMENT; TO AMEND SECTION 44-24-150, RELATING TO THE AUTHORITY OF THE FAMILY COURT TO COMMIT CERTAIN CHILDREN FOR PSYCHIATRIC EVALUATION, SO AS TO PROVIDE THAT THE COURT MAY ORDER THAT SUCH AN EVALUATION BE CONDUCTED BY A COMMUNITY MENTAL HEALTH CENTER AND THAT IF AN IN-PATIENT EVALUATION IS


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RECOMMENDED, THE COURT MAY COMMIT THE CHILD TO A DESIGNATED HOSPITAL FOR UP TO FIFTEEN DAYS FOR SUCH AN EVALUATION; AND TO AMEND SECTION 44-52-50, RELATING TO PROCEDURES FOR EMERGENCY ADMISSIONS FOR ALCOHOL AND DRUG TREATMENT, SO AS TO CLARIFY THAT IF A COURT ISSUES AN ORDER TO TAKE A PERSON IN NEED OF SUCH TREATMENT INTO PROTECTIVE CUSTODY, THE ORDER IS VALID ONLY FOR SEVENTY-TWO HOURS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 83 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, O'Dell, Elliott, Alexander, Gregory, Leatherman, Richardson and Bryant: A BILL TO ENACT THE "TORT REFORM ACT OF 2005 RELATING TO MEDICAL MALPRACTICE" BY AMENDING TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING ARTICLE 3, CHAPTER 32, SO AS TO ESTABLISH PROCEDURES GOVERNING THE AWARD OF NONECONOMIC DAMAGES; TO AMEND CHAPTER 35, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-35-400, SO AS TO PROVIDE FOR OFFERS OF JUDGMENT AFTER COMMENCEMENT OF ANY CIVIL ACTION BASED ON CONTRACT OR SEEKING THE RECOVERY OF MONEY DAMAGES; TO AMEND CHAPTER 36, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-36-100, SO AS TO ESTABLISH STANDARDS FOR EXPERT WITNESSES IN PROFESSIONAL MALPRACTICE ACTIONS; TO AMEND TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 79, SO AS TO PROVIDE FOR MANDATORY MEDIATION AND TO PERMIT BINDING ARBITRATION IN MEDICAL MALPRACTICE ACTIONS; TO AMEND ARTICLE 1, CHAPTER 79, TITLE 38, RELATING TO THE JOINT UNDERWRITING ASSOCIATION AND BOARD OF GOVERNORS FOR THE PATIENTS' COMPENSATION FUND, BY ADDING SECTION 38-79-40, SO AS TO PROHIBIT A PERSON SERVING IN THESE AGENCIES FROM BEING EMPLOYED OR COMPENSATED BY EITHER OF THESE AGENCIES; TO AMEND SECTION 38-79-460, RELATING TO THE PATIENTS'


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COMPENSATION FUND, SO AS TO PROVIDE THAT THE FUND SHALL BE MANAGED BY THE BOARD OF GOVERNORS RATHER THAN THE STATE TREASURER; TO AMEND SECTION 38-79-470, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT MONEY SHALL BE WITHDRAWN FROM THE FUND UPON SIGNATURE OF THE CHAIRMAN OF THE BOARD OF GOVERNORS; AND TO AMEND SECTION 40-47-211, RELATING TO THE BOARD OF MEDICAL EXAMINERS, SO AS TO ALTER THE MEMBERSHIP OF THE BOARD BY PROVIDING FOR LAY MEMBERS.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 548 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE, HONOR, AND COMMEND DR. NORMAN P. PEARSON, SR., PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH IN WILLIAMSTON, FOR HIS THIRTY-FIVE YEARS OF SERVICE TO HIS CHURCH AND COMMUNITY AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3682 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE, TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF THE EMPLOYMENT BENEFIT RECORD OF AN EMPLOYMENT UNIT IN A BUSINESS ACQUISITION OR REORGANIZATION WITH CONTINUITY OF CONTROL FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO REQUIRE A VIOLATION TO BE KNOWING RATHER THAN WILFUL AND


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TO DEFINE "KNOWINGLY" AND "KNOWING" AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO ESTABLISH PROCEDURES TO IDENTIFY THE TRANSFER OF A BUSINESS, TO AMEND SECTION 41-35-120, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES, TO PROVIDE THE REQUIREMENTS FOR DRUG TESTING AND TO ALLOW INFORMATION RECEIVED BY AN EMPLOYER IN A DRUG-TESTING PROGRAM TO BE RECEIVED IN EVIDENCE IN A PROCEEDING DETERMINING ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION, AND TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, SO AS TO PROVIDE THAT BENEFITS PAID IN CONNECTION WITH A DOMESTIC ABUSE-RELATED JOB LOSS MUST NOT BE CHARGED TO THE ACCOUNT OF A CONTRIBUTING EMPLOYER.
Without Reference

H. 3683 (Word version) -- Reps. Walker, Sinclair, Littlejohn, Mahaffey, Lee, Davenport and W. D. Smith: A BILL TO AMEND ACT 612 OF 1984, RELATING TO THE SPARTANBURG COUNTY SCHOOL BOARD ELECTIONS, INCLUDING REQUIRING THAT A PETITION BE FILED IN ORDER TO PLACE A CANDIDATE ON THE BALLOT, SO AS TO PROVIDE THAT AN INCUMBENT BOARD MEMBER WHO HAS PREVIOUSLY MET THIS PETITION REQUIREMENT AND WHO HAS BEEN IN CONTINUOUS SERVICE IS ONLY REQUIRED TO SUBMIT HIS OR HER NAME AND A ONE HUNDRED DOLLAR FILING FEE AND TO DELETE THE PROVISION THAT IF NO PETITION IS FILED THE BOARD OF EDUCATION MUST APPOINT A SUCCESSOR.
On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3685 (Word version) -- Reps. Cato, Whipper, Anderson, Bingham, Breeland, G. Brown, R. Brown, Cobb-Hunter, Dantzler, Davenport, Emory, Govan, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins,


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Jefferson, Kennedy, Leach, Lee, Mack, Moody-Lawrence, J. H. Neal, Parks, Perry, Pinson, Rutherford, Scarborough, Scott, F. N. Smith, Thompson, Toole, Umphlett and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-36 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE REPAIR BUSINESS TO ADMINISTER INSURANCE CLAIMS FOR MOTOR VEHICLE REPAIRS.
Referred to Committee on Labor, Commerce and Industry

S. 98 (Word version) -- Senators Reese, Martin, Knotts, Alexander, Mescher, Fair, Richardson, Ford and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOLS ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING, TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN THINGS, TO DEVELOP A TRAINING PROCESS, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Education and Public Works

S. 319 (Word version) -- Senators Hayes, Malloy, Moore, Williams, O'Dell, McGill, Short and Leventis: A BILL TO AMEND CHAPTER 2, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DOCUMENTS DEPOSITORY SYSTEM, SO AS TO REVISE DEFINITIONS AND PROCEDURES IN ORDER TO PROVIDE FOR THE ACQUISITION OF MATERIALS IN BOTH PRINT AND ELECTRONIC FORMATS AND TO DELETE CERTAIN OBSOLETE REFERENCES.
On motion of Rep. TOWNSEND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 320 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM FORTY MILLION TO SIXTY MILLION DOLLARS.
Referred to Committee on Ways and Means


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S. 321 (Word version) -- Senators Moore and Martin: A BILL TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-90 SO AS TO PROVIDE FOR A WAR ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF MILITARY UNITS BASED IN SOUTH CAROLINA PARTICIPATING IN CERTAIN CONFLICTS; AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993 RELATING TO PUBLICATION AND DISTRIBUTION OF OTHER MILITARY ROSTERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 339 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 21, TITLE 12 OF THE 1976 CODE, BY ADDING SECTION 12-21-1085, TO PROVIDE WITH CERTAIN EXCEPTIONS THAT THE TAXES PROVIDED FOR IN ARTICLE 7 ARE IN LIEU OF ALL OTHER TAXES ON BEER AND WINE.
Referred to Committee on Ways and Means

S. 365 (Word version) -- Senators Leatherman and Knotts: A BILL TO AMEND SECTION 11-35-3030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY FOR CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT PURSUANT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO REDUCE THE MAXIMUM RETENTION AMOUNT FOR EACH INSTALLMENT PENDING COMPLETION OF THE PROJECT FROM FIVE PERCENT TO THREE AND ONE-HALF PERCENT.
Referred to Committee on Labor, Commerce and Industry

S. 368 (Word version) -- Senators Leatherman, O'Dell, Setzler and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A


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RESIDENT DESIGN PROFESSIONAL, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.
Referred to Committee on Labor, Commerce and Industry

CONCURRENT RESOLUTION

The following was introduced:

H. 3684 (Word version) -- Reps. J. H. Neal, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE LIFE AND DISTINGUISHED SERVICE OF THEIR COLLEAGUE THE HONORABLE DARRELL JACKSON, MEMBER OF THE SOUTH CAROLINA SENATE, UPON THE OCCASION OF HIS BEING HONORED BY A DINNER/ROAST SPONSORED BY THE BENEDICT COLLEGE COLUMBIA ALUMNI CLUB #2.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Allen                  Altman
Anthony                Bailey                 Bales

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Ballentine             Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hiott
Hosey                  Howard                 Huggins
Jefferson              Kennedy                Kirsh
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 2.

Carl Anderson                     Marty Coates
Tracy Edge                        Ted Vick

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Todd Rutherford                   Fletcher Smith
Douglas Jennings                  Creighton Coleman
Bessie Moody-Lawrence             Thad Viers

Total Present--120

STATEMENT OF ATTENDANCE

Rep. WHIPPER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 1.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STEWART a leave of absence due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LEACH a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Kristopher Crawford of Florence is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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."


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CO-SPONSOR ADDED

Bill Number:   H. 3225 (Word version)
Date:   ADD:
03/02/05   CLARK

CO-SPONSOR ADDED

Bill Number:   H. 3397 (Word version)
Date:   ADD:
03/02/05   CLARK

CO-SPONSOR ADDED

Bill Number:   H. 3346 (Word version)
Date:   ADD:
03/02/05   CLARK

CO-SPONSOR ADDED

Bill Number:   H. 3453 (Word version)
Date:   ADD:
03/02/05   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:   ADD:
03/02/05   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3213 (Word version)
Date:   ADD:
03/02/05   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 3338 (Word version)
Date:   ADD:
03/02/05   MAHAFFEY

CO-SPONSOR ADDED

Bill Number:   H. 3141 (Word version)
Date:   ADD:
03/02/05   R. BROWN


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CO-SPONSOR ADDED

Bill Number:   H. 3453 (Word version)
Date:   ADD:
03/02/05   RICE

CO-SPONSOR REMOVED

Bill Number:   H. 3626 (Word version)
Date:   REMOVE:
03/02/05   CHELLIS

CO-SPONSOR REMOVED

Bill Number:   H. 3626 (Word version)
Date:   REMOVE:
03/02/05   COATES

CO-SPONSOR REMOVED

Bill Number:   H. 3626 (Word version)
Date:   REMOVE:
03/02/05   EMORY

CO-SPONSOR REMOVED

Bill Number:   H. 3626 (Word version)
Date:   REMOVE:
03/02/05   J. M. NEAL

CO-SPONSOR REMOVED

Bill Number:   H. 3626 (Word version)
Date:   REMOVE:
03/02/05   MCGEE

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 3581 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT


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UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.

H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E. H. Pitts, Rice, Clark, Walker, Toole, Viers, M. A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE IS EXCLUSIVELY DEFINED AS THE UNION BETWEEN ONE MAN AND ONE WOMAN.

H. 3607 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT ATTENDANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3108 (Word version) -- Reps. M. A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.

H. 3084 (Word version) -- Reps. Sinclair, McLeod and Cato: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS


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FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.

H. 3020 (Word version) -- Reps. Govan, Clyburn, Clark, E. H. Pitts, Toole, Haley, Ballentine, McLeod, Mack, Breeland, M. Hines, Anderson, Hosey, Parks, Pinson, Jefferson, Walker, Sinclair, Hamilton, G. R. Smith, Mahaffey, McGee, D. C. Smith, Anthony, Phillips, Rhoad, Funderburk and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 3665 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BILL OF RIGHTS DAY" BY ADDING SECTION 53-3-166 SO TO ESTABLISH DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.

Rep. ALTMAN explained the Bill.

S. 493--RECALLED AND REFERRED TO COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. WITHERSPOON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee


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on Labor, Commerce and Industry and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 493 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CHAPTER REVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3672--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs and was referred to the Committee on Labor, Commerce and Industry:

H. 3672 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 38-43-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF A PRODUCER'S LICENSE AND THE LAPSING OF A LICENSE ON RENEWAL FOR NONPAYMENT OF A FEE, SO AS TO CHANGE THE PROCEDURE FOR REINSTATING A LICENSE FOR NONPAYMENT OF A FEE OR FAILURE TO COMPLY WITH THE CONTINUING EDUCATION REQUIREMENT.

H. 3347--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. SCOTT, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO


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AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HARRISON.

H. 3381--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W. D. Smith, Townsend, Merrill, Ott, Rice, Mack, Clark, Simrill, Harrison, Davenport, M. Hines, Harvin, Bailey, Bingham, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Harrell, Haskins, Herbkersman, Hinson, Kirsh, Leach, Lloyd, Loftis, Mahaffey, Martin, McCraw, McGee, Owens, Perry, E. H. Pitts, Sandifer, Scott, Stewart, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, White, Wilkins, Witherspoon, Young, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND


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RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\ 7300AHB05), which was adopted:
Amend the bill, as and if amended, by striking all and inserting:

/ "SECTION   1.   The General Assembly finds that it is the policy of this State to protect the rights of private property owners and to encourage local governing bodies, off-premises outdoor advertising sign owners, and landowners with signs on their property to enter into relocation and reconstruction agreements that allow governmental entities to undertake public projects and accomplish public goals while allowing the continued maintenance of private investment in signage as a medium of commercial and noncommercial communication. The General Assembly further finds that it is the policy of this State to promote arbitration as a means of settling disputes regarding the valuation of off-premises outdoor advertising signs instead of litigation.
SECTION   2.   Title 39 of the 1976 Code is amended by adding:

Chapter 14
South Carolina Landowner and Advertising Protection and Property Valuation Act

Section 39-14-10.   This chapter may be cited as the 'South Carolina Landowner and Advertising Protection and Property Valuation Act'.

Section   39-14-20.   As used in this chapter:

(1)   'Local governing body' means a municipality, county, local zoning authority, or political subdivision.

(2)   'Off-premises outdoor advertising sign' means a lawfully erected, permanent sign which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere other than upon the premises on which the sign is located. For the purposes of this article, the related leasehold or other property interests together with the lawfully issued permit is considered to be part of the off-premises outdoor advertising sign.

(3)   'Just compensation' means the cash payment of the fair market value of the off-premises outdoor advertising sign in place


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immediately before its removal and without consideration of the effect of the ordinance or a diminution in value caused by the ordinance requiring its removal. The Uniform Standards of Professional Appraisal Practices (USPAP) must be used in determining the fair market value for just compensation and includes the following factors:

(a)   the sale price of similar off-premises outdoor advertising signs;

(b)   the physical condition of the off-premises outdoor advertising sign;

(c)   the productivity of the off-premises outdoor advertising sign;

(d)   the economic utility of the property on which the off-premises outdoor advertising   sign is located, or the usability and adaptability for industrial, commercial, or other purpose;

(e)   the value of the off-premises outdoor advertising sign permit issued by an appropriate governing body; and

(f)   any other factor that may affect the value of the property on which the off-premises outdoor advertising sign is located.

(4)   'Sign owner' means the owner of an off-premises outdoor advertising sign.

Section 39-14-30.   (A)   A local governing body may require the removal of an off-premises outdoor advertising sign that is nonconforming under a local ordinance and may regulate the use of off-premises outdoor advertising signs within the jurisdiction of the local governing body in accordance with the applicable provisions of this chapter.

(B)   A local governing body may enact or amend an ordinance of general applicability to require the removal of any nonconforming, lawfully erected off-premises outdoor advertising sign only if the ordinance requires the payment of just compensation to the sign owners, except as provided in this subsection. The payment of just compensation is not required if the:

(1)   local governing body and the owner of the nonconforming off-premises outdoor advertising sign enter into a relocation agreement pursuant to subsections (D) and (F);

(2)   local governing body and the owner of the nonconforming off-premises outdoor advertising sign enter into an agreement pursuant to subsection (I);

(3)   off-premises outdoor advertising sign is adjudicated to be a public nuisance or detrimental to the health or safety of the populace; or


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(4)   removal is required for opening, widening, extending or improving streets or sidewalks, or for establishing, extending, enlarging, or improving a public enterprise, and the local governing body allows the off-premises outdoor advertising sign to be relocated to a comparable or better location as determined by the criteria as provided in Section 39-14-30(D)(1)(a) through (c) and the local governing body pays the costs of the relocation of the sign as provided in Section 39-14-30(D)(2)(a) through (d).

(C)   A local governing body shall give written notice of its intent to require removal of an off-premises outdoor advertising sign by sending a letter by certified mail to the last known address of the sign owner and the owner of the property on which the off-premises outdoor advertising sign is located.

(D)   If a local governing body requires removal of an off-premises outdoor advertising sign, the local governing body may enter into an agreement with the owner of a nonconforming off-premises outdoor advertising sign to relocate and reconstruct the sign. The relocated sign must comply with the provisions of Title 57. The agreement must include provisions for:

(1)   relocation of the sign to a site reasonably comparable to or better than the existing location. In determining whether a location is comparable or better, the following factors must be taken into consideration, the:

(a)   size and format of the sign;

(b)   characteristics of the proposed relocation site, including visibility, traffic count, area demographics, zoning, and any uncompensated differential in the sign owner's cost to lease the replacement site; and

(c)   timing of the relocation.

(2)   payment by the local governing body of the reasonable costs of relocating and reconstructing the sign including:

(a)   the actual cost of removing the sign;

(b)   the actual cost of necessary repairs to the real property for damages caused in the removal of the sign;

(c)   the actual cost of installing the sign at the new location; and

(d) an amount of money equivalent to the income received from the lease of the sign for a period of up to thirty days if income is lost during the relocation of the sign.

(E)   For the purposes of relocating and reconstructing a nonconforming off-premises outdoor advertising sign pursuant to


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subsection (D), a local governing body, consistent with the welfare and safety of the community as a whole, may adopt a resolution or adopt or modify its ordinances to provide for the issuance of a permit or other approval, including conditions as appropriate, or to provide for dimensional, spacing, setback, or use variances as it considers appropriate as long as it does not affect the provisions of Section 57-25-190(E).

(F)   If a local governing body has offered to enter into an agreement to relocate a nonconforming off-premises outdoor advertising sign pursuant to subsection (D), and within one hundred twenty days after the initial notice by the local governing body the parties have not been able to agree that the site or sites offered by the local governing body for relocation of the sign are reasonably comparable to or better than the existing site, the parties, by mutual agreement, may enter into binding arbitration to determine the comparability of the site offered for relocation. Unless a different method of arbitration is agreed upon by the parties, the arbitration must be conducted by a panel of three arbitrators. Each party shall select one arbitrator and the two arbitrators chosen by the parties shall select the third member of the panel. The American Arbitration Association rules apply to the arbitration unless the parties agree otherwise. Unless the parties agree otherwise, each party shall pay his respective share of the costs for the arbitration, including the costs of the services of his attorneys and witnesses, plus his proportionate share of the costs associated with the arbitration.

(G)   If the arbitration proceeding pursuant to the provision of subsection (F) results in a determination that the site or sites offered by the local governing body for relocation of the nonconforming sign are not comparable to or better than the existing site, and the local governing body elects to proceed with the removal of the sign, the parties shall determine just compensation pursuant to Section 39-14-20(3) to be paid to the sign owner. If the parties are unable to reach an agreement regarding just compensation within thirty days of the receipt of the arbitrators' determination regarding relocation, and the local governing body elects to proceed with the removal of the sign, the parties, by mutual agreement, may enter into binding arbitration to determine the amount of just compensation to be paid pursuant to the factors provided in Section 39-14-20(3). Unless a different method of arbitration is agreed upon by the parties, the arbitration must be conducted by a panel of three arbitrators. Each party shall select one arbitrator, and the two arbitrators chosen by the parties shall select the


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third member of the panel. The American Arbitration Association rules apply to the arbitration unless the parties agree otherwise. Unless the parties agree otherwise, each party shall pay his respective share of the costs for the arbitration, including the costs of the services of his attorneys and witnesses, plus his proportionate share of the costs associated with the arbitration.

(H)   If the parties choose not to enter into binding arbitration for the purposes of either relocation or just compensation and the local governing body elects to proceed with the removal of the sign, the local governing body shall bring an action in circuit court for a determination of the just compensation to be paid by the local governing body to the sign owner for the removal of the sign. In determining just compensation, the court shall consider the factors as provided in Section 39-14-20(3). The court also shall determine and award reasonable attorneys' fees and expert witness fees incurred by the sign owner in the proceedings to determine the amount of just compensation.

(I)   Notwithstanding the provisions of this section, a local governing body and sign owner may enter into a voluntary agreement allowing for the removal of the sign after a set period of time instead of just compensation.

(J)   A local governing body shall not prevent the repositioning of a nonconforming sign on the same parcel of land to facilitate the development of the parcel so long as the repositioning of the sign does not increase the degree of the sign's nonconformity.

(K)   The requirement by a local governing body that a lawfully erected sign be removed or altered as a condition precedent to the issuance or continued effectiveness of a zoning ordinance or issuance of a license or permit constitutes a compelled removal that is prohibited without prior payment of just compensation.

(L)   An off-premises outdoor advertising sign may not be removed until the owner of the property on which it is located has been compensated fully by the local governing body requiring the sign's removal for a loss which may be suffered as a result of the removal of the off-premises outdoor advertising sign through the termination of a lease or other financial arrangement with the sign owner. The compensation must include damage to the landowner's property occasioned by removal of the off-premises outdoor advertising sign.

(M)   The provisions of this section may not be used to interpret, construe, alter, or otherwise modify the exercise of the power of eminent domain by an entity pursuant to Article 3, Chapter 25, Title 57


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or the manner in which outdoor advertising is valued by the South Carolina Department of Transportation.

(N)   Nothing in this section limits a local governing body's authority to use amortization as a means of phasing out nonconforming uses other than off-premises outdoor advertising."
SECTION   3.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this Act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   4.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   5.   This act takes effect upon approval by the Governor. Nothing in this act preempts or otherwise alters or modifies an ordinance or regulation enacted by a local governing body before the effective date of this act." /
Renumber sections to conform.
Amend title to conform.

Rep. CHELLIS explained the amendment.
The amendment was then adopted.

Rep. BRADY proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7314AHB05), which was ruled out of order:
Amend the bill, as and if amended, page 3381-2, by adding immediately after line 41:


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/Section 39-14-25.   The value of off-premises outdoor advertising signs for purposes of taxation must be based on the factors contained in Section 39-14-20 (3). Off-premises outdoor advertising signs must be assessed as business personal property. Each owner of an off-premises outdoor advertising sign shall file a yearly report with the Department of Revenue declaring the value of the off-premises outdoor advertising sign based on Section 39-14-20(3). This value must be used to establish value for purposes of taxation and must be used in determining value for purposes of compensation required by this chapter./
Renumber sections to conform.
Amend title to conform.

Rep. BRADY explained the amendment.

POINT OF ORDER

Rep. CATO raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill under Rule 9.3.
Rep. J. E. SMITH argued contra.
Rep. BRADY argued contra.
SPEAKER WILKINS stated that a similar Point of Order was raised in May of 1997 in which an amendment was ruled out of order in that the Bill dealt with determining the penalties for video poker while the amendment dealt with the taxation of video poker. He stated further that the substantial effect of Amendment No. 2 dealt with the taxation of billboards, but the substantial effect of the Bill only determined the valuation and regulation of billboards for purposes of takings. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. PINSON proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7325AHB05), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 39-14-20(3), as contained in SECTION 2, and inserting:

/ (3)   'Just compensation' means the cash payment of the fair market value of the off-premises outdoor advertising sign in place immediately before its removal and without consideration of the effect of the ordinance or a diminution in value caused by the ordinance requiring its removal. The Uniform Standards of Professional Appraisal Practices (USPAP) may be used in determining the fair market value for just compensation and includes the following factors:


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(a)   the sale price of similar off-premises outdoor advertising signs;

(b)   the physical condition of the off-premises outdoor advertising sign;

(c)   the economic utility of the property on which the off-premises outdoor advertising   sign is located, or the usability and adaptability for industrial, commercial, and agricultural use;

(d)   the replacement cost of the property;

(e)   the age of the property;

(f)   the remaining life of the property;

(g)   the effect of obsolescence on the property; and

(h)   any other factor that may affect the value of the property on which the off-premises outdoor advertising sign is located. /
Renumber sections to conform.
Amend title to conform.

Rep. PINSON explained the amendment.

Rep. SKELTON spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SKELTON continued speaking.

SPEAKER IN CHAIR

Rep. CATO moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 69; Nays 27

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Ballentine
Barfield               Bingham                Branham
Cato                   Chellis                Clark
Clemmons               Clyburn                Coates
Dantzler               Davenport              Delleney
Duncan                 Edge                   Haley
Hamilton               Harrell                Harrison

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Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Huggins                Jefferson
Jennings               Lee                    Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  Merrill                Norman
Ott                    Owens                  Perry
Phillips               Rice                   Sandifer
Scarborough            Scott                  Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Talley
Taylor                 Thompson               Townsend
Vaughn                 Walker                 Weeks
White                  Wilkins                Young

Total--69

Those who voted in the negative are:

Agnew                  Anderson               Battle
Brady                  G. Brown               Chalk
Emory                  Funderburk             Hagood
Hosey                  Howard                 Kirsh
Limehouse              McLeod                 Miller
Moody-Lawrence         J. M. Neal             Neilson
Parks                  Pinson                 Rivers
Rutherford             D. C. Smith            J. E. Smith
Vick                   Viers                  Whipper

Total--27

So, the amendment was tabled.

Reps. HAGOOD and MCLEOD proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7328AHB05), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 39-14-20(3), as contained in SECTION 2, and inserting:
/ (3)   'Just compensation' for signs must be determined utilizing the valuation method provided for in Section 57-25-190. /
Renumber sections to conform.
Amend title to conform.


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Rep. HAGOOD explained the amendment.

Rep. CATO moved to table the amendment.

Rep. CATO demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 21

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Ballentine
Barfield               Bingham                Branham
Breeland               G. Brown               Cato
Chellis                Clark                  Clemmons
Coates                 Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Haley
Hamilton               Hardwick               Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Huggins                Jefferson              Jennings
Kirsh                  Lee                    Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
Merrill                Moody-Lawrence         Neilson
Norman                 Ott                    Owens
Perry                  Phillips               E. H. Pitts
Rice                   Sandifer               Simrill
Skelton                G. M. Smith            J. R. Smith
Taylor                 Thompson               Toole
Townsend               Vaughn                 Walker
Weeks                  White                  Wilkins
Young

Total--70

Those who voted in the negative are:

Agnew                  Anderson               Bowers
J. Brown               Chalk                  Cotty
Emory                  Funderburk             Hagood
Limehouse              McLeod                 Miller

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Rivers                 Rutherford             Scarborough
D. C. Smith            G. R. Smith            J. E. Smith
Talley                 Viers                  Whipper

Total--21

So, the amendment was tabled.

Rep. BRADY proposed the following Amendment No. 5 (Doc Name COUNCIL\MS\7330AHB05), which was tabled:
Amend the bill, as and if amended, page 3381-2, by adding immediately after line 41:
/ Section 39-14-25.   Each owner of an off-premises outdoor advertising sign shall file a yearly report with the Department of Revenue declaring the value of the off-premises outdoor advertising sign based on Section 39-14-20(3). This value must be used to establish value for purposes of taxation and must be used in determining value for purposes of compensation required by this chapter. /
Renumber sections to conform.
Amend title to conform.

Rep. BRADY explained the amendment.

Rep. CATO moved to table the amendment.

Rep. CATO demanded the yeas and nays which were taken, resulting as follows:

Yeas 64; Nays 30

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Ballentine
Barfield               Bingham                Breeland
Cato                   Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Dantzler               Davenport              Delleney
Duncan                 Edge                   Haley
Hamilton               Hayes                  Hinson
Hiott                  Huggins                Jefferson
Jennings               Kennedy                Lee

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Limehouse              Littlejohn             Loftis
Martin                 McCraw                 McGee
Merrill                Norman                 Ott
Owens                  Phillips               E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
G. M. Smith            W. D. Smith            Talley
Taylor                 Toole                  Townsend
Vaughn                 Vick                   Walker
Weeks                  White                  Wilkins
Young

Total--64

Those who voted in the negative are:

Agnew                  Battle                 Bowers
Brady                  J. Brown               R. Brown
Chalk                  Cotty                  Emory
Funderburk             Hagood                 Hardwick
J. Hines               Hosey                  Howard
Kirsh                  Lucas                  McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Parks
Rivers                 Rutherford             D. C. Smith
J. E. Smith            Thompson               Viers

Total--30

So, the amendment was tabled.

Rep. BRADY spoke against the Bill.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill.

JOINT ASSEMBLY

At 11:30 a.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.


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PRESENTATION OF EASTER SEALS REPRESENTATIVES

The Reading Clerk of the Senate read the following Concurrent Resolution:

S. 527 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 2, 2005, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 2, 2005 AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Easter Seals Representatives, their parents and members of their party entered the Chamber.
The President Pro Tempore of the Senate then recognized Senator Lourie who addressed the Joint Assembly as follows:
"Thank you Mr. President. It is a great day and it is great to be here with you today. I would like to talk to you for a brief moment about Easter Seals, ladies and gentlemen. Easter Seals has been serving the children of South Carolina and families of South Carolina since 1934. The mission of Easter Seals is to help people with disabilities to live independent lives. I want to give you a brief history on how Easter Seals got started in 1907. An Ohio businessman, Mr. Edgar Allen, lost his son in a streetcar accident. Mr. Allen was obviously traumatized by this experience. He sold his business and started a hospital. Through his work at this hospital, he recognized the need to provide more services to people with disabilities. He started an organization in 1919, which became known as the National Society for Crippled Children. This was the first organization of its kind to help children with disabilities. In the spring of 1934, this same organization launched its first Easter Seal drive. To show their support donors placed seals on envelopes and letters. In fact the cartoonist for their newspaper helped design the first Easter Seal. For 54 years in South Carolina we have had the Buck-a-Cup campaign. This campaign starts today, March 2, which by the way has been designated "Creating Solutions for Disabilities Day." It goes on for about 3 1/2 weeks and it ends on Good Friday. Every law enforcement officer and agency in South Carolina


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participates in this program. Last year this campaign raised $492,000, which was the highest amount in the last five years. The goal for this year is $500,000. Just so you'll know, this highest ever raised was in the mid 1990's when the Buck-a-Cup campaign raised $610,000. In its 54 year history, the Buck-a-Cup campaign has raised over $18 million for people with disabilities in South Carolina. It is one of the most successful fundraising programs for Easter Seals nationwide. I want you to know this, without the Buck-a-Cup program, we could not offer these services to the people of this State. On behalf of Easter Seals today, we have some special guests. They include the former Chief Justice Ernest Finney, who is now the honorary chairman of the Buck-a-Cup Campaign, Tom McGee, the President and CEO of the Easter Seals of South Carolina, Tammy Skelton, the Director of Development and Fundraising for Easter Seals, Gene Roundtree, Chairman of the Easter Seals Board of Directors, Alisa Moseley, representing the South Carolina Law Enforcement Officers Association, and Tom Sponseller, Director of the South Carolina Restaurant Association. Every person wearing a Buck-a-Cup pin can go into any of their members restaurants on Good Friday and get a free cup of coffee and we appreciate their generosity. Now I would like to call on some of our colleagues who have some very special guests they would like to introduce.

Senator Reese escorted Scott Carter, son of Francis Carter of Spartanburg.

Representative J. H. NEAL escorted Terrell Davis, son of Wanda and Tyrone Davis of Hopkins.

Senator Hayes and Representative NORMAN escorted Maggie Gordon, daughter of Tiffany and Jamie Gordon of York.

Senator Malloy and Representatives LUCAS and NEILSON escorted Megan Johnson, daughter of Glen and Susan Johnson of Hartsville.

Michelle Hutchinson, daughter of Bobbi Ingram of Central and Harriet Lowe, daughter of the late Rose M. Lowe of Little Mountain were unable to attend.

Upon the conclusion of the presentation, the State Easter Seals Representatives and their escort party retired to its Chamber.


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ADDRESS BY CHIEF JUSTICE JEAN HOEFER TOAL

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3597 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 2, 2005.

Chief Justice Toal and her distinguished party were escorted to the rostrum by Senators Fair, Gregory, McGill, Grooms and Hutto and Representatives HAGOOD, ALLEN, HARRISON and CLEMMONS.

President Pro Tempore McConnell, Speaker Wilkins, Speaker Pro Tempore Smith, Members of the Joint Assembly, my brothers and sisters of the South Carolina Judiciary, ladies and gentlemen:

Judicial Independence

The uproar over the presidential election in Ukraine split the former Soviet Republic of 48 million into two polarized camps and sent Cold War era echoes on the world stage, as Russia backed Yanukovich and Europe and America backed Yashchenko.
Yashchenko claimed that the election was marked by numerous violations of law. The Central Election Committee refused to examine his claims. As turmoil deepened in this newly formed democracy, the Ukraine Supreme Court met to consider Yashchenko's election challenge.
On December 4, 2004, the Ukraine Supreme Court overturned the certification of the bitterly disputed election and ordered the Central Election Committee to set a new run-off vote.
On December 26, 2004, before the new year, the chief presiding judge's order was carried out and the Ukraine finally had a democratically elected leader.
How did the Ukraine Supreme Court have the courage and the tools to conduct this important judicial review? Many credit their training by a team of American judges and lawyers sent on an outreach mission to newly emerging democracies to school their judges in the art of creating and operating an independent court system.


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All over the globe, a court system that operates with true judicial independence, applying the constitution and laws without fear or favor, is seen as the very bedrock of a democratic society.
The news from Baghdad yesterday that Baathist terrorists assassinated the Iraqi judge who ordered Sadaam Hussein held in jail for trial after his capture, and the news this morning from Chicago that a United States district judge's husband and mother may have been murdered by a cultist she previously tried and ordered to jail are proof once again of the threat that an independent court system poses to terrorists and criminals here at home and around the globe. This news should renew our resolve as a people to protect our court system.
Just as America is exporting democracy in the form of free elections in Afghanistan, Iraq, Palestine, the Baltics, and perhaps to Egypt, Lebanon, Saudi Arabia, and other middle eastern countries, so is the assistance of American lawyers and judges transplanting an independent system of justice to countries around the globe. Many South Carolinians are participating in this outreach. Thus, the health of our own democratic institutions is important for the political stability of our beloved State and a beacon of light to the world.
What is our governmental mission here at home?
The executive, legislative and judicial branches must have the kind of cooperative relationship that enables us to provide for the safety and security of our citizens.
The health of each of us depends on public acceptance of our authority and public confidence that we are exercising our authority fairly.
Judicial selection continues to be an important way of building public trust and confidence in a just system.

Diversity

In each of my "State of the Judiciary" addresses, I have discussed our system of judicial selection. Every national meeting I attend deepens my conviction that South Carolina's basic system of legislative selection is a vast improvement over the selection methods in most states, which are money driven and influence tainted.
We have had judicial independence in South Carolina, the hallmark of the stability of the rule of law, because of our method of judicial selection by the General Assembly. But no system is perfect, and ours has the flaw that although it reflects, fairly closely, the diversity percentages within South Carolina's licensed lawyers, it does not represent the diversity of South Carolina's population.


Printed Page 1286 . . . . . Wednesday, March 2, 2005

The chart I am showing illustrates what I'm saying. South Carolina's population is 51% women and 30% African American. Our lawyer population is 27% women and 5% African American. Judges are 17% women and 6% African American.
This is a problem of educating more minority lawyers as well as an issue of the method of judicial screening and selection. I know each of you will work to ensure that our judicial officers reflect the face of South Carolina.

New Judges

It has been 10 years since the South Carolina General Assembly created any new judicial positions at the trial level.
I request that this General Assembly consider legislation which would create 3 new circuit judge and 3 new family court positions. The costs are shown on my chart. I would suggest the positions be created now, to take effect next year with elections, and installation at the beginning of the next fiscal year.

Judges Caseload

South Carolina has, per capita, the highest caseload on the trial bench of any state system in the country. More than double the national average.
That said, I proudly report that streamlining with increased use of technology and reengineering our business process has kept case backlog fairly stable.
The loser in our overworked system is the quality of the hearings given to our litigants. Family court is an assembly line. Temporary hearings are generally conducted on paper filings without live testimony. We simply do not have the docket space. Child support, abuse and neglect cases take up an enormous part of our docket. General sessions circuit court dockets continue to rise. South Carolina ranks among the highest in the nation in per capita violent crime and criminal domestic violence.
Our solicitors control the docket in this state and I support the continuation of this system, but I am suggesting that each solicitor work with me to develop a differentiated case management system. The day of managing dockets by roll call must go by the way of the buggy whip. Both defendants out on bond and jailed defendants awaiting trial must have set time frames for disposition of their case. Public safety, victim accountability, and reducing the county costs of jailing defendants awaiting trial demand it.
The solicitors of South Carolina are each completely committed to the differentiated case management system, and I have obtained federal grants to design and deploy an automated case management system for solicitors


Printed Page 1287 . . . . . Wednesday, March 2, 2005

at no cost to their counties other than maintenance. Bids are in process now.

State Salary Study

As the business manager of one of the three branches of government, I am acutely aware that the state has not conducted a comprehensive salary study since I was in the General Assembly, 18 years ago.
Sound business practices and the move to restructuring necessitate a comprehensive study of compensation in all three branches, including constitutional officers, however restructured.
I will work with the leadership of each branch to establish an independent task force funded without state appropriations to conduct such a study and make recommendations to all three branches.

Court Funding

I won't hammer you on this issue. I am extremely grateful for the consideration the judicial branch has received from the Governor and from this General Assembly.
Our current base in state revenue is $10 million less than it was five years ago when I became your chief. We have added fees and federal funds to attempt to make up the difference. The support of former Senator Fritz Hollings and Senators Lindsay Graham and Jim DeMint has been crucial in keeping our court system viable.

Technology

The cornerstone of my management plan for our court system has been to utilize high-speed internet based connectivity. The basic building block was to develop web sites for each court's clerk and get all judges from magistrate through the Supreme Court on reliable high-speed internet access.
The goal has almost been achieved, as these slides will show. The system is now used for court docket management, distribution of forms and law research access. But efforts now go far beyond the courts.

Progress Report

South Carolina judicial department technology initiatives have:
1. Promoted other government agencies to start incorporating technologies into their everyday operations to provide better service.
2. Expanded use of technology by other agencies "piggybacking" on to SCJD technologies to provide better service.
Rural counties like Marion, Jasper, and Marlboro counties are now establishing county networks and consolidating telecommunications circuits.


Printed Page 1288 . . . . . Wednesday, March 2, 2005

The Department of Probation, Pardon and Parole (PPP) has a project in which they are equipping their field agents with laptops to use while in the courtroom.
In a recent meeting with the leadership of York County, one of the most progressive and affluent counties in the State, a newspaper reporter asked if the SCJD was going to do for York County as we did for Clarendon County - wow!
Automation has changed and is significantly influencing the ways we are doing business:
1. Standards, consistency, and uniformity (what and how)
2. Analyzing processes and procedures (why)
3. Management or resources (who and when)
4. Automation has done more than just help us electronically exchange information 5.

Efforts for 2005 and the future

Statewide court case management system (where we are)
1. Completed: Greenville and Pickens Counties
2. 2005
- Richland
- York
- Spartanburg
- Charleston
3. Timeline, priorities, and plan for deployment to all counties will be published by the end of the year.
4. E-filing
5. Improved electronic interfaces with:
- SLED
- DMV
- DPS
- SCDC
- PPP
- Solicitors
- CJIS -

National Recognition

Rosalyn Frierson, South Carolina's State Court Administrator, and I are pictured on the website we created for our National Conference of Chief Justices and Conference of State Court Administrators Conferences, which will be held in Charleston this summer.
South Carolina is hosting this prestigious national conference for the first time since 1960. We will be telling the South Carolina story of


Printed Page 1289 . . . . . Wednesday, March 2, 2005

how a rural state has become a national model to all chiefs and court administrators. Rosalyn and I are proud to represent the face of the new South Carolina.

For the good of the order
Tort Reform

This General Assembly is appropriately embarked upon a thoughtful effort to improve the tort system in South Carolina. I support and applaud these efforts. There is no reason for South Carolina Court's to be ranked in the 40's in business climate by the U.S. Chamber of Commerce.
The biggest complaint I hear from the business community is about our venue laws. Our recent court decisions limiting punitive damages and modifying venue will do much to level the playing field. I applaud the House of Representatives and the Senate for the serious debate. The progress of our State will be enhanced by passage of balanced tort reform legislation. Tort reform also can be enhanced by a thoughtful examination of the medical mapractice insurance premium structure and the joint underwriting association.

Indigent Defense

The appointment of T. Patton Adams as the new Director of the Office of Indigent Defense is a positive step forward to more responsible and responsive management of the indigent defense needs of our State.
We can take the next step forward by passage of the bills currently in the house and senate, which merge the Office of Indigent Defense and the Office of Appellate Defense.
The final step that needs some attention is adequate funding for these operations, which support much of the work of the trial and appellate criminal litigation system in our state.

Administrative Law Reform

For several years, the House and Senate have considered proposals of the State Judicial Council to revise and improve the Administrative Law System in our State. Currently, the Speaker and Chairman of the House Judiciary Committee have introduced versions of these reform measures, and the Chairman of the Senate Judiciary Committee has expressed support for this issue.
I urge you to let the Administrative Law Division be the final decision maker for contested executive agency cases. Duplicative and costly referrals back to agencies, particularly in environmental cases, create what many litigants in the system perceive as an expensive, agency-dominated process that lacks objectivity and due process.


Printed Page 1290 . . . . . Wednesday, March 2, 2005

Sentencing

For many years, Speaker Wilkins labored to establish sentencing guidelines for South Carolina. In the wake of the recent United States Supreme Court decisions calling into question the method of sentencing used in most states and federal courts, it is time for all three branches to conduct a study of corrections and sentencing in South Carolina.

Conclusion

But all the reengineering and technology will never substitute for the hard work of your statewide judiciary.
Now let me introduce the next generation of hard workers. This is my grandson, Patrick, already hard at work on his computer. This is the future for which we all work.
Godspeed and god bless.

Upon conclusion of her address, Chief Justice Toal and her escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:25 p.m. the House resumed, the SPEAKER in the Chair.
Rep. CATO moved that the House recede until 2:00 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR


Printed Page 1291 . . . . . Wednesday, March 2, 2005

H. 3381--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W. D. Smith, Townsend, Merrill, Ott, Rice, Mack, Clark, Simrill, Harrison, Davenport, M. Hines, Harvin, Bailey, Bingham, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Harrell, Haskins, Herbkersman, Hinson, Kirsh, Leach, Lloyd, Loftis, Mahaffey, Martin, McCraw, McGee, Owens, Perry, E. H. Pitts, Sandifer, Scott, Stewart, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, White, Wilkins, Witherspoon, Young, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.

Reps. G.R. SMITH and BRADY proposed the following Amendment No. 8 (Doc Name COUNCIL\MS\7340AHB05), which was adopted:
Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/ SECTION   5.   This act takes effect upon approval by the Governor. Nothing in this act preempts or otherwise alters, modifies, applies to, or effects relocation or removal of any off-premises outdoor advertising signs pursuant to an ordinance or regulation enacted by a local governing body before the effective date of this act. It is the intent of the General Assembly that nothing in this act may be construed to require the payment of monetary compensation for any off-premises outdoor advertising signs relocated or removed pursuant


Printed Page 1292 . . . . . Wednesday, March 2, 2005

to an ordinance enacted before the effective date of this act unless the ordinance otherwise requires the payment of monetary compensation. /
Renumber sections to conform.
Amend title to conform.

Rep. G. R. SMITH explained the amendment.
The amendment was then adopted.

Rep. MCLEOD spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. MCLEOD continued speaking.

SPEAKER IN CHAIR

Rep. MCLEOD continued speaking.
Rep. RIVERS spoke against the Bill.
Rep. J. E. SMITH spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. J. E. SMITH continued speaking.
Rep. EMORY spoke against the Bill.

SPEAKER IN CHAIR

Rep. HAGOOD spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HAGOOD continued speaking.
Rep. BATTLE spoke against the Bill.
Rep. JENNINGS spoke in favor of the Bill.

SPEAKER IN CHAIR

Rep. JENNINGS continued speaking.


Printed Page 1293 . . . . . Wednesday, March 2, 2005

LEAVE OF ABSENCE

The SPEAKER granted Rep. BOWERS a temporary leave of absence.

Rep. JENNINGS continued speaking.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 90; Nays 24

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Ballentine
Barfield               Bingham                Breeland
G. Brown               J. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Govan                  Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Howard                 Huggins                Jefferson
Jennings               Lee                    Littlejohn
Loftis                 Mack                   Mahaffey
Martin                 McCraw                 McGee
Merrill                J. H. Neal             Norman
Ott                    Owens                  Parks
Perry                  Phillips               E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Vick                   Viers

Printed Page 1294 . . . . . Wednesday, March 2, 2005

Walker                 Weeks                  White
Whitmire               Wilkins                Young

Total--90

Those who voted in the negative are:

Agnew                  Anderson               Battle
Brady                  Branham                R. Brown
Cotty                  Emory                  Funderburk
Hagood                 Kirsh                  Limehouse
Lucas                  McLeod                 Miller
Moody-Lawrence         J. M. Neal             Neilson
Pinson                 Rivers                 Rutherford
D. C. Smith            J. E. Smith            Whipper

Total--24

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3155--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3155 (Word version) -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer, Haley, Brady, Hagood, Talley, G. R. Smith and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT WHICH PROVIDES FOR THE DEVELOPMENT OF A CURRICULUM ORGANIZED AROUND A CAREER CLUSTER SYSTEM THAT MUST PROVIDE STUDENTS WITH BOTH STRONG ACADEMICS AND REAL-WORLD PROBLEM-SOLVING SKILLS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO FURTHER PROVIDE FOR THE TRAITS WHICH MUST BE INCORPORATED INTO SCHOOL BOARD POLICIES ADDRESSING CHARACTER EDUCATION; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF


Printed Page 1295 . . . . . Wednesday, March 2, 2005

1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3200SJ05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 59
South Carolina Education and
Economic Development Act

Section 59-59-10.   This chapter may be cited as the 'South Carolina Education and Economic Development Act'.

Section 59-59-20.   (A)   The Department of Education shall develop a curriculum, aligned with state content standards, organized around a career cluster system that must provide students with both strong academics and real-world problem solving skills. Students must be provided individualized educational, academic, and career oriented choices and greater exposure to career information and opportunities. This system must promote the involvement and cooperative effort of parents, teachers, and counselors in assisting students in making these choices, in setting career goals, and in developing individual graduation plans to achieve these goals.

(B)   School districts must lay the foundation for the clusters of study system in elementary school by providing career awareness activities. In the middle grades programs must allow students to identify career interests and abilities and align them with clusters of study for the development of individual graduation plans. Finally, high school students must be provided guidance and curricula that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to relevant employment, further training, or postsecondary study.

Section 59-59-30.   There is created within the Department of Education, the Education and Economic Development Project Office to oversee the implementation of this chapter. This chapter must be fully implemented by July 1, 2012, at which time the project office and the council created pursuant to Section 59-59-170 are abolished.

Section 59-59-40.   (A)   During the 2005-06 school year, the department, in conjunction with selected school districts and schools, shall conduct a pilot project implementing the clusters of study system.


Printed Page 1296 . . . . . Wednesday, March 2, 2005

(B)   During the 2005-06 school year the department shall conduct a pilot project implementing its Career Guidance Model of the Comprehensive Developmental Guidance and Counseling Program Model in the elementary and middle schools that feed into a high school in which a pilot project for the clusters of study model is being conducted.

(C)   The State Department of Education must report annually by December first, to the Governor, the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee on the progress and effectiveness of the implementation of this chapter and its ability to provide a better prepared workforce and student success in postsecondary education.

Section 59-59-50.   (A)   Before July 1, 2006, the Department of Education shall develop state models and prototypes for individual graduation plans and the curriculum framework for career clusters of study. These clusters of study may be based upon the national career clusters and may include, but are not limited to:

( 1)   agriculture, food, and natural resources;

( 2)   architecture and construction;

( 3)   arts, audio-video technology, and communications;

( 4)   business, management, and administration;

( 5)   education and training;

( 6)   finance;

( 7)   health science;

( 8)   hospitality and tourism;

( 9)   human services;

(10)   information technology;

(11)   law, public safety, and security;

(12)   manufacturing;

(13)   government and public administration;

(14)   marketing, sales, and service;

(15)   science, technology, engineering, and mathematics;

(16)   transportation, distribution, and logistics.

Section 59-59-60.   Before July 1, 2007, school districts shall:

(1)   organize high school curricula around a minimum of three clusters of study and cluster majors. The curricula must be designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and self-discipline through the teaching of


Printed Page 1297 . . . . . Wednesday, March 2, 2005

academic content, knowledge, and skills that students will use in the workplace, further education, and life;

(2)   promote increased awareness and career counseling by providing access to the South Carolina Occupational Information System for all schools. However, if a school chooses another occupational information system, that system must be approved by the State Department of Education.

Section 59-59-70.   Beginning with the 2006-07 school year, the department, in collaboration with the Commission on Higher Education and the state's higher education institutions, shall implement a career development plan for educational professionals in career guidance that provides awareness, training, release time, and preparatory instruction. The plan must include strategies for certified school guidance counselors to effectively involve parents, guardians, or individuals appointed by the parent or guardian to serve as their designee in the career guidance process and in the development of the individual graduation plans of their children. The plan also must include innovative approaches to recruit, train, and certify professionals needed to carry out the career development plan.

Section 59-59-80.   During the 2006-07 school year career awareness and exploration activities must be integrated in the curricula for students in the first through fifth grades.

Section 59-59-90.   Beginning with the 2006-07 school year, counseling and career awareness programs on clusters of study must be provided to students in the sixth, seventh, and eighth grades, and they must receive career interest inventories and information to assist them in the career decision-making process. Before the end of the second semester of the eighth grade, eighth grade students in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee shall select a preferred cluster of study and develop an individual graduation plan, as provided for in Section 59-59-140.

Section 59-59-100.   (A)   By the 2009-10 school year, middle and high schools shall provide students with the services of a career specialist who has obtained a bachelor's degree and who has successfully completed the national Career Development Facilitator (CDF) certification training or certified guidance counselor having completed the Career Development Facilitator certification training. This career specialist shall work under the supervision of a certified guidance counselor. Districts shall report to the project office annually their progress toward meeting the requirements of this section. By


Printed Page 1298 . . . . . Wednesday, March 2, 2005

2011, middle and high schools shall have a student to guidance personnel ratio of three hundred to one. Guidance personnel include certified guidance counselors and career specialists.

(B)   Career specialists currently employed by the sixteen tech prep consortia and their performance responsibilities related to the delivery of tech prep or school-to-work activities must be supervised by the State Department of Education's Office of Career and Technology Education in conjunction with the immediate site supervisor of the tech prep consortia.

Section 59-59-105.   An individual employed by school districts to provide career services pursuant to Section 59-59-100 shall work to ensure the coordination, accountability, and delivery of career awareness, development, and exploration to students in kindergarten through twelfth grade. To ensure the implementation and delivery of this chapter, this individual shall:

(1)   coordinate and present professional development workshops in career development and guidance for teachers, school counselors, and work-based constituents;

(2)   assist schools in promoting the goals of quality career development of students in kindergarten through twelfth grade;

(3)   assist school counselors and students in identifying and accessing career information and resource material;

(4)   provide educators, parents, and students with information on career and technology education programs offered in the district;

(5)   support students in the exploration of career clusters and the selection of an area of academic focus within a cluster of study;

(6)   learn and become familiar with ways to improve and promote career development opportunities within the district;

(7)   attend continuing education programs on the certified career development facilitator curriculum sponsored by the State;

(8)   assist with the selection, administration, and evaluation of career interest inventories;

(9)   assist with the implementation of the district's student career plan or individual graduation plan;

(10)   assist schools in planning and developing parent information on career development;

(11)   coordinate with school counselors and administration career events, career classes, and career programming;

(12)   coordinate community resources and citizens representing diverse occupations in career development activities for parents and students; and


Printed Page 1299 . . . . . Wednesday, March 2, 2005

(13)   assist with the usage of computer assisted career guidance systems.

Section 59-59-110.   Beginning with the 2008-09 school year and at least annually after that, certified school guidance counselors and career specialists, under their supervision, shall counsel students during the ninth and tenth grades to further define their career cluster goals and individual graduation plans, and before the end of the second semester of the tenth grade, tenth grade students shall have declared an area of academic focus within a cluster of study. Throughout high school, students must be provided guidance activities and career awareness programs that combine counseling on career options and experiential learning with academic planning to assist students in fulfilling their individual graduation plans.

Section 59-59-120.   By the 2009-10 school year, each high school shall implement the principles of the 'High Schools that Work' organizational model or have obtained approval from the Department of Education for another cluster or major organizational model. For districts implementing another approved model, revocation of approval may occur if, for two consecutive years, the district's SAT or ACT average falls below the state average and dropout rates rise above the state average.

Section 59-59-130.   Before July 1, 2010, the State Board of Education shall revise high school graduation requirements to fit the career cluster system and shall include a variety of courses in core subjects so that individual student needs may be addressed.

Section 59-59-140.   An individual graduation plan is a student specific educational plan detailing the courses necessary for the student to prepare for graduation and to successfully transition into the workforce or postsecondary education. An individual graduation plan must:

(1)   align career goals and a student's course of study;

(2)   be based on the student's selected cluster of study and an academic focus within that cluster;

(3)   include core academic subjects, which must include, but are not limited to, English, math, science, and social studies;

(4)   include experience-based, career-oriented learning experiences including, but not limited to, internships, apprenticeships, mentoring, co-op education, and service learning;

(5)   be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and admission to postsecondary education;


Printed Page 1300 . . . . . Wednesday, March 2, 2005

(6)   be incorporated in Individual Education Plans; and

(7)   be approved by a certified school guidance counselor and the student's parents, guardians, or individuals appointed by the parents or guardians to serve as their designee.

Section 59-59-150.   By July 2007, the State Board of Education shall promulgate regulations outlining specific objective criteria for districts to use in the identification of students at risk for being poorly prepared for the next level of study or for dropping out of school. The criteria must include diagnostic assessments to identify strengths and weaknesses in the core academic areas. The process for identifying these students must be closely monitored by the State Department of Education in collaboration with school districts to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented. The regulations also must include evidence-based model programs for at-risk students designed to ensure that these students have an opportunity to graduate with a state high school diploma. By the 2007-08 school year, each high school of the state shall implement one or more of these programs to ensure that these students receive the opportunity to complete the necessary requirements to graduate with a state high school diploma and build skills to prepare them to enter the job market successfully. The regulation also must include an evaluation of model programs in place in each high school to ensure the programs are providing students an opportunity to graduate with a state high school diploma.

Section 59-59-160.   Parental participation is an integral component of the clusters of study system. Beginning with students in the sixth grade and continuing through high school, schools must schedule annual parent counseling conferences to assist parents, guardians, or individuals appointed by the parents or guardians and their children in making career choices and creating individual graduation plans. These conferences must include, but are not limited to, assisting the student in identifying career interests and goals, selecting a cluster of study and an academic focus, and developing an individual graduation plan.

Section 59-59-170.   (A)   There is created the Education and Economic Development Coordinating Council to implement the statewide performance, accountability, and enforcement requirements of this chapter. The council is comprised of the following members representing the geographic regions of the State and must be representative of the ethnic, gender, rural, and urban diversity of the State:


Printed Page 1301 . . . . . Wednesday, March 2, 2005

( 1)   State Superintendent of Education;

( 2)   Executive Director of the South Carolina Employment Security Commission;

( 3)   Executive Director of the State Board for Technical and Comprehensive Education;

( 4)   Secretary of the Department of Commerce;

( 5)   Executive Director of the South Carolina Chamber of Commerce;

( 6)   Executive Director of the South Carolina Commission on Higher Education;

( 7)   members appointed by the State Superintendent of Education as follows:

(a)   a school district superintendent;

(b)   a school principal;

(c)   a school guidance counselor;

(d)   a teacher;

(e)   the director of a career and technology center;

( 8)   members appointed by the chair of the Commission on Higher Education as follows:

(a)   the president or provost of a research university;

(b)   the president or provost of a four-year college or university;

(c)   the president of a technical college;

( 9)   the Governor shall appoint ten representatives of business and industry, five of whom must be recommended by state-wide organizations representing business and industry, and shall select a chair from all of the members appointed from business and industry;

(10)   Chairman of the Education Oversight Committee or his designee;

(11)   a member from the House of Representatives appointed by the Speaker of the House, and a member from the Senate appointed by the President Pro Tempore.
Initial appointments must be made by October 1, 2005, at which time the Governor shall call the first meeting.

(B)   The council shall:

(1)   advise the Education and Economic Development Project Office on the implementation of this chapter;

(2)   establish accountability and performance measures for implementation of this chapter;


Printed Page 1302 . . . . . Wednesday, March 2, 2005

(3)   review school report cards required by the Education Accountability Act, and other compliance reports required of schools and school districts;

(4)   advise schools and school districts through the project office, institutions of higher education through the Commission on Higher Education, and other state agencies through their governing boards on appropriate and effective measures to ensure implementation of this chapter;

(5)   designate and oversee the regional educational service centers established pursuant to Section 59-59-180;

(6)   make recommendations to the project office for the development and implementation of a communication and marketing plan to promote statewide awareness of the provisions of this chapter;

(7)   make recommendations to the State Board of Education and other appropriate governing boards for the promulgation of regulations to carry out the provisions of this chapter including, but not limited to, enforcement procedures, which may include monitoring and auditing functions, and addressing consequences for noncompliance.

(C)   The council shall report annually to the Governor, the General Assembly, the State Board of Education and other appropriate governing boards on the progress, results, and compliance with the provisions of this chapter.

(D)   The Department of Education shall provide administrative support and staffing to the council to carry out its responsibilities under this chapter.

Section 59-59-180.   (A)   Before July 1, 2006, the Education and Economic Development Council shall designate regional education centers to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community.

(B)   The primary responsibilities of these centers are to:

(1)   provide services to students and adults for career planning, employment seeking, training, and other support functions;

(2)   provide information, resources, and professional development programs to educators;

(3)   provide resources to school districts for compliance and accountability under the provisions of this chapter;

(4)   provide information and resources to employers including, but not limited to, education partnerships, career-oriented learning, and training services;


Printed Page 1303 . . . . . Wednesday, March 2, 2005

(5)   facilitate local connections among businesses and those involved in education;

(6)   work with school districts and institutions of higher education to create and coordinate workforce education programs.

(C)(1)   By the 2006-07 school year, each regional education center must have career development facilitators who shall coordinate career-oriented learning, career development, and postsecondary transitions for the schools in their respective regions.

(2)   A career development facilitator must be certified and recognized by the National Career Development Association.

(D)   The Education and Economic Development Coordinating Council, in consultation with the Department of Education, shall provide oversight to the regional centers, and the centers shall provide data and reports that the council may request.

Section 59-59-190.   (A)   The South Carolina Employment Security Commission, in collaboration with the State Board for Technical and Comprehensive Education and the Commission on Higher Education, shall assist the Department of Education, in planning and promoting the career information and employment options and preparation programs provided for in this chapter and in the establishment of the regional education centers by:

(1)   identifying potential employers to participate in the career-oriented learning programs;

(2)   serving as a contact point for employees seeking career information and training;

(3)   providing labor market information including, but not limited to, supply and demand;

(4)   promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System;

(5)   collaborating with local agencies and businesses to stimulate funds; and

(6)   cooperating in the creation and coordination of workforce education programs.

(B)   The South Carolina Employment Security Commission shall assist in providing a link between employers in South Carolina and youth seeking employment.

Section 59-59-200.   Beginning with the 2006-07 academic year, colleges of education shall include in their training of teachers, guidance counselors, and administrators the following: career guidance, the use of the cluster of study curriculum framework and


Printed Page 1304 . . . . . Wednesday, March 2, 2005

individual graduation plans, learning styles, the elements of the Career Guidance Model of the South Carolina Comprehensive Guidance and Counseling Program Model, contextual teaching, cooperative learning, and character education. The State Board of Education shall develop performance-based standards in these areas and include them as criteria for teacher program approval. By the 2009-10 school year, the teacher evaluation system established in Chapter 26, Title 59, and the principal's evaluation system established in Section 59-24-40 must include a review of performance in career exploration and guidance. The department also shall develop programs to train educators in contextual teaching.

Section 59-59-210.   (A)   By September 2006, the Commission on Higher Education shall convene the Advisory Committee on Academic Programs to address articulation agreements between school districts and public institutions of higher education in South Carolina to provide seamless pathways for adequately prepared students to move from high school directly into institutions of higher education. The committee shall review, revise, and recommend secondary to postsecondary articulation agreements and promote the development of measures to certify equivalency in content and rigor for all courses included in articulation agreements. The advisory committee includes representatives from the research institutions, four-year comprehensive teaching institutions, two-year regional campuses, and technical colleges. The committee, for purposes pursuant to this chapter, shall include representation from the State Department of Education, and school district administrators, to include curriculum coordinators and guidance personnel.

(B)   By July 2007, the Advisory Committee on Academic Programs shall make recommendations to the Commission on Higher Education regarding coursework acceptable statewide for dual enrollment to be accepted in transfer within a related course of study. Dual enrollment college courses offered to high school students by two-year and four-year colleges and universities must be equivalent in content and rigor to the equivalent college courses offered to college students and taught by appropriate credentialed faculty. Related policies and procedures established by the Commission on Higher Education for dual enrollment and guidelines for offering dual enrollment coursework and articulation to two and four-year colleges and universities for awarding of credit must be followed.


Printed Page 1305 . . . . . Wednesday, March 2, 2005

(C)   The advisory committee shall coordinate work to study the content and rigor of high school courses in order to provide a seamless pathway to postsecondary education.

(D)   The Commission on Higher Education shall report annually to the Education and Economic Development Coordinating Council regarding the committee's progress.

Section 59-59-220.   With the implementation of the clusters of study system, appropriate resources and instructional materials, aligned with the state's content standards, must be developed or adopted by the State Department of Education and made available to districts.

Section 59-59-230.   The State Board of Education, in collaboration with the Education and Economic Development Council, shall promulgate regulations necessary to carry out the provisions of this chapter.

Section 59-59-240.   The requirements of this chapter do not apply to private schools or to home schools.

Section 59-59-250.   The implementation of this chapter is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget of the Budget and Control Board."
SECTION   2.   Section 59-17-135(B) of the 1976 Code, as added by Act 4 of 2001, is amended to read:

"(B)   Each local school board of trustees of the State must develop a policy addressing character education. Any character education program implemented by a district as a result of an adopted policy must, to the extent possible, incorporate character traits including, but not limited to, the following: respect for authority and respect for others, honesty, duty, self-control, cleanliness, courtesy, good manners, cooperation, commitment to others, citizenship, patriotism, courage, fairness, kindness, self-respect, compassion, diligence, good work ethics, sound educational habits, generosity, punctuality, cheerfulness, patience, sportsmanship, loyalty, and virtue. Local school boards must include all sectors of the community, as referenced in subsection (A)(4), in the development of a policy and in the development of any program implemented as a result of the policy. As part of any policy and program developed by the local school board, an evaluation component must be included."
SECTION   3.   Section 59-18-900(D) of the 1976 Code is amended to read:

"(D)   The report card must include a comprehensive set of performance indicators with information on comparisons, trends,


Printed Page 1306 . . . . . Wednesday, March 2, 2005

needs, and performance over time which is helpful to parents and the public in evaluating the school. Special efforts are to be made to ensure that the information contained in the report cards is provided in an easily understood manner and a reader friendly format. This information should also provide a context for the performance of the school. Where appropriate, the data should yield disaggregated results to schools and districts in planning for improvement. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, faculty qualifications, evaluations of the school by parents, teachers, and students. In addition, the report card must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary climate, dropout ratios, dropout reduction data, student and teacher ratios, and attendance data."
SECTION   4.   Act 450 of 1994 and Section 59-52-95 of the 1976 Code are repealed.
SECTION   5.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.
The amendment was then adopted.

Rep. J. H. NEAL proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\2408SJ05), which was adopted:
Amend the bill, as and if amended, after Section 59-59-50 as contained in SECTION 1, by adding:
/   Section 59-59-55.   The State Board of Education shall develop a state model for addressing at-risk students. This model shall include various programs and curriculum proven to be effective for at-risk students. /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.
The amendment was then adopted.

Rep. J. H. NEAL proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\2400SJ05), which was adopted:
Amend the bill, as and if amended, after Section 59-59-110 as contained in SECTION 1, by adding:


Printed Page 1307 . . . . . Wednesday, March 2, 2005

/   Section 59-59-115.   School guidance counselors and career specialists shall limit their activities to guidance and counseling and may not perform administrative tasks. /
Renumber sections to conform.
Amend title to conform.

Rep. J. H. NEAL explained the amendment.
The amendment was then adopted.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 103; Nays 5

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Battle
Bingham                Brady                  Branham
Breeland               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Coleman
Cooper                 Dantzler               Davenport
Delleney               Emory                  Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Howard                 Huggins                Jefferson
Jennings               Kirsh                  Lee
Limehouse              Littlejohn             Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            Rhoad
Rice                   Rivers                 Sandifer
Scott                  Simrill                Sinclair

Printed Page 1308 . . . . . Wednesday, March 2, 2005

Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Vick
Viers                  Walker                 Weeks
Whipper                Whitmire               Wilkins
Young

Total--103

Those who voted in the negative are:

Altman                 M. A. Pitts            Scarborough
Tripp                  White

Total--5

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

Due to an electrical malfunction, my voting system did not record my vote on H. 3155. I would have voted "yes" for passage.

Rep. Bill Cotty

S. 1--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. V. Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND


Printed Page 1309 . . . . . Wednesday, March 2, 2005

SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10686CM05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 56-5-6450 of the 1976 Code is amended to read:

"Section 56-5-6450.   No A person shall not be subjected to a custodial arrest for violation of violating the provisions of this article. Any A person violating adjudicated to be in violation of the provisions of this article shall upon conviction must be fined not more than twenty-five dollars, no part of which may be suspended. The court shall waive any fine against any person who, before, or upon the appearance date on the summons, supplies the court with evidence of acquisition, purchase or rental of a child restraint system meeting the requirements of this article. Court costs, assessments, or surcharges may not be assessed against a person who violates a provision of this article."
SECTION 2. Section 56-5-6525 of the 1976 Code is amended to read:


Printed Page 1310 . . . . . Wednesday, March 2, 2005

"Section 56-5-6525.   (A)   The Department of Public Safety or any other law enforcement agency must not use a "Click It or Ticket" campaign or a similar endeavor of systematic checkpoints or roadblocks as a law enforcement tool where the principal purpose is to detect and issue a ticket to a violator of the provisions of this article on either a primary or secondary basis.

(B)   A person must not be issued a citation at any checkpoint established to stop all drivers on a certain road for a period of time for removing his seatbelt in order to retrieve documentation that must be produced at the checkpoint."
SECTION   3.   Section 56-5-6530 of the 1976 Code is amended to read:

"Section 56-5-6530.   The provisions of this article do not apply to:

(1)   a driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons;

(2)   medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals;

(3)   school, church, or day care buses;

(4)   public transportation vehicles except taxis;

(5)   occupants of vehicles in parades;

(6)   United States mail carriers;

(7)   an occupant for which no safety belt is available because all belts are being used by other occupants;

(8)   a driver or occupant frequently stopping or leaving a motor vehicle for pick up or delivery purposes;

(9)   occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to the lap belt;

(109)   children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56.

(1110)   a driver or occupants in a vehicle not originally equipped with safety belts."
SECTION   4.   Section 56-5-6540 of the 1976 Code is amended to read:

"Section 56-5-6540.   (A)   A person who violates is adjudicated to be in violation of the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part no part of which may be suspended. All proceeds collected for violations of this provision must be deposited in the State General Fund and placed in


Printed Page 1311 . . . . . Wednesday, March 2, 2005

the State Amber Alert Fund. No Court costs, assessments, or surcharges may be assessed against the a person convicted who violates a provision of this article. No A person may must not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article may must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be:

(1)   included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or

(2)   reported to the offender's motor vehicle insurer.

(B)   A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows:

(1)   when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

(2)   when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.

(C)   A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.\

(D)   A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.

(E)(B)   A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

(F)(C)   No A vehicle, driver, or occupant in a vehicle may must not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this article or a stop made under subsection (B)(1). If a vehicle is stopped solely for a violation of this article, a law enforcement officer may not search the driver, the passengers, and the vehicle unless the search is for a separate and distinct offense based upon probable cause.


Printed Page 1312 . . . . . Wednesday, March 2, 2005

(D)   A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter.

(E)   A person charged with a violation of this article may admit or deny the violation, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact is convinced beyond a reasonable doubt that the person was not wearing a safety belt at the time of the incident, the penalty is a civil fine pursuant to Section 56-5-6540. If the trier of fact determines that the State has failed to prove beyond a reasonable doubt that the person was not wearing a safety belt, no penalty shall be assessed.

(F)   A person found to be in violation of this article may bring an appeal to the court of common pleas pursuant to Section 18-3-10 or Section 14-25-95."
SECTION   5.   This act takes effect six months after the date of approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. OWENS explained the amendment.

Rep. MERRILL moved to table the amendment.

Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:

Yeas 43; Nays 65

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Barfield               G. Brown               R. Brown
Chellis                Clemmons               Coleman
Cooper                 Dantzler               Davenport
Frye                   Haley                  Hardwick
Herbkersman            Hinson                 Jefferson
Kennedy                Kirsh                  Lee
Loftis                 Mack                   McCraw
Merrill                Moody-Lawrence         J. H. Neal
Perry                  Phillips               M. A. Pitts

Printed Page 1313 . . . . . Wednesday, March 2, 2005

Rhoad                  Rice                   Scarborough
Simrill                G. M. Smith            J. R. Smith
Talley                 Thompson               Umphlett
Viers                  Weeks                  White
Young

Total--43

Those who voted in the negative are:

Agnew                  Anderson               Bales
Ballentine             Battle                 Bingham
Brady                  Branham                Breeland
J. Brown               Cato                   Chalk
Clark                  Clyburn                Coates
Cotty                  Delleney               Duncan
Emory                  Funderburk             Hagood
Hamilton               Harrell                Harrison
Hayes                  J. Hines               M. Hines
Hiott                  Hosey                  Howard
Huggins                Jennings               Limehouse
Littlejohn             Lucas                  Mahaffey
Martin                 McGee                  McLeod
Miller                 J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  E. H. Pitts            Rivers
Scott                  Sinclair               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. E. Smith            W. D. Smith            Taylor
Toole                  Townsend               Vaughn
Vick                   Walker                 Whipper
Whitmire               Wilkins

Total--65

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. J. E. SMITH moved to recommit the Bill to the Committee on Education and Public Works.


Printed Page 1314 . . . . . Wednesday, March 2, 2005

Rep. TOWNSEND moved to table the motion.

Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 82; Nays 29

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bales                  Ballentine             Barfield
Battle                 Bingham                Brady
Branham                G. Brown               J. Brown
Chalk                  Clark                  Clemmons
Clyburn                Coates                 Cotty
Delleney               Duncan                 Emory
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Herbkersman            J. Hines               Hinson
Hiott                  Howard                 Huggins
Jefferson              Jennings               Kennedy
Limehouse              Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
Martin                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Taylor                 Toole
Townsend               Umphlett               Walker
Whipper                Whitmire               Wilkins
Young

Total--82

Those who voted in the negative are:

Allen                  Altman                 Bailey
Breeland               R. Brown               Cato

Printed Page 1315 . . . . . Wednesday, March 2, 2005

Chellis                Coleman                Cooper
Dantzler               Davenport              Frye
Haskins                Hosey                  Kirsh
Lee                    McCraw                 Norman
Parks                  Phillips               Sandifer
J. E. Smith            Talley                 Thompson
Vaughn                 Vick                   Viers
Weeks                  White

Total--29

So, the motion to recommit the Bill was tabled.

Rep. LIMEHOUSE proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\6276CM05), which was tabled:
Amend the bill, as and if amended, Section 56-5-6540(E)(B), as contained in SECTION 4, page 4, by striking lines 12 through 14 and inserting:
/ (E)(B)   A violation of this article does not constitute may be introduced as evidence of negligence per se or contributory comparative negligence, and is not admissible as evidence in a any civil action by any party in the action. /
Renumber sections to conform.
Amend title to conform.

Rep. LIMEHOUSE explained the amendment.

POINT OF ORDER

Rep. F. N. SMITH raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.

Rep. LIMEHOUSE continued speaking.

Rep. TOWNSEND moved to table the amendment.

Rep. BINGHAM demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 45


Printed Page 1316 . . . . . Wednesday, March 2, 2005

Those who voted in the affirmative are:
Agnew                  Allen                  Altman
Anderson               Anthony                Bales
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Coates                 Cobb-Hunter            Coleman
Davenport              Delleney               Edge
Emory                  Funderburk             Govan
Hamilton               Harrison               Hayes
J. Hines               M. Hines               Hiott
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Lee
Littlejohn             Lucas                  Mahaffey
McCraw                 McGee                  McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Phillips
Pinson                 Rhoad                  Rivers
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Talley                 Taylor
Townsend               Tripp                  Vick
Walker                 Weeks                  Whipper
Whitmire               Wilkins

Total--71

Those who voted in the negative are:

Bailey                 Ballentine             Barfield
Battle                 Bingham                Brady
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Duncan                 Frye                   Hagood
Haley                  Hardwick               Harrell
Herbkersman            Hinson                 Huggins
Kirsh                  Limehouse              Loftis
Martin                 Merrill                Norman
Perry                  E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough

Printed Page 1317 . . . . . Wednesday, March 2, 2005

G. R. Smith            Thompson               Toole
Umphlett               Vaughn                 Viers
White                  Witherspoon            Young

Total--45

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\6768CM05):
Amend the bill, as and if amended, Section 56-5-6540(A), as contained in SECTION 4, by striking Section 56-5-6540(A) and inserting:
/"Section 56-5-6540.   (A)   A person who violates is adjudicated to be in violation of the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part no part of which may be suspended. No Court costs, assessments, or surcharges may be assessed against the a person convicted who violates a provision of this article. No A person may must not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article may must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be:

(1)   included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or

(2)   reported to the offender's motor vehicle insurer. /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. COBB-HUNTER moved to adjourn debate on the amendment, which was agreed to.

Rep. M. A. PITTS proposed the following Amendment No. 4 (Doc Name COUNCIL\SWB\6363CM05), which was tabled:


Printed Page 1318 . . . . . Wednesday, March 2, 2005

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION   __.   Section 56-1-720 of the 1976 Code is amended to read:

"Section 56-1-720.   There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving   6
Passing stopped school bus   6
Hit-and-run, property damages only   6
Driving too fast for conditions, or speeding:
(1) No more than 10 m.p.h. above the
posted limits   2
(2) More than 10 m.p.h. but less
than 25 m.p.h. above the posted
limits   4
(3) 25 m.p.h. or above the
posted limits   6
Disobedience of any official
traffic control device   4
Disobedience to officer
directing   4
Failing to yield right of way   4
Driving on wrong side of road   4
Passing unlawfully   4
Turning unlawfully   4
Driving through or within
safety zone   4
Failing to give signal or giving improper
signal for stopping, turning, or suddenly
decreased speed   4
Shifting lanes without safety
precaution   2
Improper dangerous parking   2
Following too closely   4
Failing to dim lights   2


Printed Page 1319 . . . . . Wednesday, March 2, 2005

Operating with improper lights   2
Operating with improper brakes   4
Operating a vehicle in
unsafe condition   2
Driving in improper lane   2
Improper backing   2
Operating a vehicle whose driver or passengers are not properly restrained by a safety belt or child restraint system   2/
Renumber sections to conform.
Amend title to conform.

Rep. M. A. PITTS explained the amendment.

Rep. ALTMAN moved to table the amendment.

Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:

Yeas 100; Nays 9

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chellis                Clark
Clemmons               Clyburn                Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Frye                   Funderburk             Govan
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Lee
Littlejohn             Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal

Printed Page 1320 . . . . . Wednesday, March 2, 2005

J. M. Neal             Neilson                Norman
Ott                    Owens                  Perry
Phillips               E. H. Pitts            Rhoad
Rice                   Rivers                 Sandifer
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Talley                 Thompson
Townsend               Tripp                  Vaughn
Vick                   Viers                  Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total--100

Those who voted in the negative are:

Chalk                  Duncan                 Hagood
Loftis                 M. A. Pitts            Scarborough
G. R. Smith            Taylor                 Umphlett

Total--9

So, the amendment was tabled.

Rep. M. A. PITTS proposed the following Amendment No. 5 (Doc Name COUNCIL\SWB\6364CM05), which was tabled:
Amend the bill, as and if amended, Section 56-5-6450, as contained in SECTION 1, by striking SECTION 1, and inserting:
/ SECTION   1.   Section 56-5-6450 of the 1976 Code is amended to read:

"Section 56-5-6450.   No A person shall not be subjected to a custodial arrest for violation of violating the provisions of this article. Any A person violating adjudicated to be in violation of the provisions of this article shall upon conviction must be fined not more than twenty-five one hundred dollars, no part of which may be suspended. The court shall waive any fine against any person who, before, or upon the appearance date on the summons, supplies the court with evidence of acquisition, purchase or rental of a child restraint system meeting the requirements of this article. Court costs, assessments, or surcharges


Printed Page 1321 . . . . . Wednesday, March 2, 2005

may not be assessed against a person who violates a provision of this article." /
Renumber sections to conform.
Amend title to conform.

Rep. M. A. PITTS explained the amendment.

Rep. SCOTT moved to table the amendment, which was agreed to.

Reps. DUNCAN and M. A. PITTS proposed the following Amendment No. 6 (Doc Name COUNCIL\PT\2402CM05):
Amend the bill, as and if amended, Section 56-5-6540, as contained in SECTION 4, by adding the following appropriately lettered subsection:
/   ( )   Notwithstanding another provision of law, a law enforcement officer may not stop a driver of a vehicle traveling along a non-interstate highway that displays a farm tag, or farmers special farm vehicle license plate for a violation of this article in the absence of another violation of the motor vehicle laws of this State. /
Renumber sections to conform.
Amend title to conform.

Rep. DUNCAN explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 6 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.

Rep. DUNCAN continued speaking.

Rep. TOWNSEND moved to table the amendment, which was not agreed to by a division vote of 46 to 48.

Rep. TOWNSEND spoke against the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. SCOTT spoke against the amendment.

Rep. TOWNSEND moved that the House do now adjourn.


Printed Page 1322 . . . . . Wednesday, March 2, 2005

Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:

Yeas 31; Nays 80

Those who voted in the affirmative are:

Allen                  Anthony                Bowers
Breeland               Chalk                  Cobb-Hunter
Funderburk             M. Hines               Hosey
Howard                 Huggins                Mack
Martin                 McLeod                 Miller
J. H. Neal             J. M. Neal             Ott
Owens                  E. H. Pitts            Rhoad
Scott                  Sinclair               D. C. Smith
J. E. Smith            Talley                 Townsend
Walker                 Weeks                  Whipper
Whitmire

Total--31

Those who voted in the negative are:

Agnew                  Altman                 Anderson
Bailey                 Bales                  Ballentine
Barfield               Battle                 Brady
Branham                G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               Hinson                 Hiott
Jefferson              Kennedy                Kirsh
Limehouse              Loftis                 Lucas
Mahaffey               McGee                  Merrill
Moody-Lawrence         Neilson                Norman
Parks                  Perry                  Phillips
Pinson                 M. A. Pitts            Rice
Sandifer               Scarborough            Simrill

Printed Page 1323 . . . . . Wednesday, March 2, 2005

Skelton                F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Taylor                 Thompson               Toole
Umphlett               Vaughn                 Vick
Viers                  White                  Wilkins
Witherspoon            Young

Total--80

So, the House refused to adjourn.

Rep. MERRILL moved to commit the Bill to the Committee on Judiciary.

Rep. HARRISON moved to table the motion.

Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:

Yeas 43; Nays 73

Those who voted in the affirmative are:

Agnew                  Anthony                Ballentine
Battle                 Brady                  Branham
J. Brown               Chalk                  Clark
Clyburn                Cotty                  Edge
Emory                  Funderburk             Harrell
Harrison               J. Hines               M. Hines
Hiott                  Hosey                  Huggins
Jennings               Lee                    Littlejohn
Martin                 McGee                  McLeod
J. M. Neal             Ott                    Owens
Pinson                 E. H. Pitts            Scott
Sinclair               Skelton                D. C. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Taylor                 Walker                 Whitmire
Wilkins

Total--43


Printed Page 1324 . . . . . Wednesday, March 2, 2005

Those who voted in the negative are:
Allen                  Altman                 Anderson
Bailey                 Bales                  Barfield
Bowers                 Breeland               G. Brown
R. Brown               Cato                   Ceips
Chellis                Clemmons               Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Frye                   Govan
Hagood                 Haley                  Hamilton
Hardwick               Haskins                Hayes
Herbkersman            Hinson                 Howard
Jefferson              Kennedy                Kirsh
Limehouse              Loftis                 Lucas
Mack                   Mahaffey               Merrill
Miller                 Moody-Lawrence         J. H. Neal
Neilson                Norman                 Parks
Perry                  Phillips               M. A. Pitts
Rhoad                  Rice                   Sandifer
Scarborough            Simrill                F. N. Smith
G. M. Smith            G. R. Smith            Talley
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Vick                   Viers                  Weeks
Whipper                White                  Witherspoon
Young

Total--73

So, the House refused to table the motion.

The question then recurred to the motion to commit the Bill to the Committee on Judiciary.

Rep. TOWNSEND moved to reconsider the vote whereby the House refused to table the motion to commit the Bill to the Committee on Judiciary.

Rep. ALTMAN moved to table the motion.


Printed Page 1325 . . . . . Wednesday, March 2, 2005

Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 45

Those who voted in the affirmative are:

Allen                  Altman                 Bailey
Bales                  Barfield               Bowers
G. Brown               R. Brown               Cato
Ceips                  Chellis                Clemmons
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Frye
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Hayes
Herbkersman            J. Hines               Hinson
Howard                 Jefferson              Kennedy
Kirsh                  Lee                    Limehouse
Loftis                 Mack                   Mahaffey
Merrill                Moody-Lawrence         J. H. Neal
Neilson                Norman                 Ott
Parks                  Perry                  Phillips
M. A. Pitts            Rhoad                  Rice
Rutherford             Sandifer               Scarborough
Simrill                F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Talley
Thompson               Toole                  Tripp
Umphlett               Vaughn                 Vick
Viers                  Weeks                  White
Witherspoon            Young

Total--71

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Ballentine             Battle                 Brady
Branham                Breeland               J. Brown
Chalk                  Clark                  Clyburn
Cotty                  Edge                   Emory
Funderburk             Govan                  Harrison
M. Hines               Hiott                  Hosey
Huggins                Jennings               Littlejohn

Printed Page 1326 . . . . . Wednesday, March 2, 2005

Lucas                  Martin                 McGee
McLeod                 Miller                 J. M. Neal
Owens                  Pinson                 E. H. Pitts
Scott                  Sinclair               Skelton
D. C. Smith            J. E. Smith            W. D. Smith
Taylor                 Townsend               Walker
Whipper                Whitmire               Wilkins

Total--45

So, the motion to reconsider was tabled.

Rep. TOWNSEND moved to adjourn debate on the Bill until Thursday, March 3.

Rep. MERRILL moved to table the motion.

Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:

Yeas 65; Nays 52

Those who voted in the affirmative are:

Allen                  Altman                 Anderson
Bailey                 Bales                  Barfield
Bowers                 G. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Duncan                 Frye
Haley                  Hamilton               Hardwick
Haskins                Hayes                  Herbkersman
Hinson                 Howard                 Jefferson
Kennedy                Kirsh                  Lee
Loftis                 Mack                   Merrill
Moody-Lawrence         Neilson                Norman
Parks                  Perry                  Phillips
M. A. Pitts            Rhoad                  Rice
Rutherford             Sandifer               Scarborough
Simrill                F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Talley
Thompson               Toole                  Tripp

Printed Page 1327 . . . . . Wednesday, March 2, 2005

Umphlett               Vaughn                 Vick
Viers                  Weeks                  White
Witherspoon            Young

Total--65

Those who voted in the negative are:

Agnew                  Anthony                Ballentine
Battle                 Brady                  Branham
Breeland               J. Brown               Chalk
Clyburn                Coates                 Cotty
Delleney               Edge                   Emory
Funderburk             Govan                  Hagood
Harrell                Harrison               J. Hines
M. Hines               Hiott                  Hosey
Huggins                Jennings               Limehouse
Littlejohn             Lucas                  Mahaffey
Martin                 McGee                  McLeod
Miller                 J. H. Neal             J. M. Neal
Ott                    Owens                  Pinson
E. H. Pitts            Scott                  Sinclair
Skelton                D. C. Smith            J. E. Smith
W. D. Smith            Taylor                 Townsend
Walker                 Whipper                Whitmire
Wilkins

Total--52

So, the motion to adjourn debate was tabled.

Rep. JENNINGS moved that the House recede until 5:45 p.m.

Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:

Yeas 30; Nays 86

Those who voted in the affirmative are:

Anthony                Ballentine             Branham
Breeland               J. Brown               Clark
Cotty                  Emory                  Funderburk
Howard                 Huggins                Jennings

Printed Page 1328 . . . . . Wednesday, March 2, 2005

Mack                   Martin                 McGee
McLeod                 Miller                 J. M. Neal
Owens                  Pinson                 E. H. Pitts
Scott                  Skelton                D. C. Smith
G. M. Smith            J. E. Smith            Townsend
Walker                 Whipper                Whitmire

Total--30

Those who voted in the negative are:

Agnew                  Allen                  Altman
Anderson               Bailey                 Bales
Barfield               Battle                 Bowers
Brady                  G. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Govan                  Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Jefferson              Kennedy                Kirsh
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Merrill                Moody-Lawrence         J. H. Neal
Neilson                Norman                 Ott
Parks                  Perry                  Phillips
M. A. Pitts            Rhoad                  Rice
Rutherford             Sandifer               Scarborough
Simrill                Sinclair               F. N. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Talley                 Taylor                 Thompson
Toole                  Tripp                  Umphlett
Vaughn                 Vick                   Viers
Weeks                  White                  Wilkins
Witherspoon            Young

Total--86


Printed Page 1329 . . . . . Wednesday, March 2, 2005

So, the House refused to recede.

Rep. HARRISON moved that the House do now adjourn.

Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:

Yeas 61; Nays 56

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bales                  Ballentine             Battle
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
Chalk                  Clark                  Clyburn
Coates                 Cooper                 Cotty
Delleney               Edge                   Emory
Funderburk             Govan                  Hagood
Harrison               J. Hines               M. Hines
Hiott                  Hosey                  Howard
Huggins                Jennings               Littlejohn
Lucas                  Mack                   Mahaffey
Martin                 McGee                  McLeod
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Pinson                 E. H. Pitts            Rhoad
Scott                  Sinclair               Skelton
D. C. Smith            J. E. Smith            W. D. Smith
Taylor                 Townsend               Vick
Walker                 Whipper                Whitmire
Wilkins

Total--61

Those who voted in the negative are:

Allen                  Altman                 Bailey
Barfield               R. Brown               Cato
Ceips                  Chellis                Clemmons
Cobb-Hunter            Coleman                Dantzler
Davenport              Duncan                 Frye
Haley                  Hamilton               Hardwick
Harrell                Haskins                Hayes

Printed Page 1330 . . . . . Wednesday, March 2, 2005

Herbkersman            Hinson                 Jefferson
Kennedy                Kirsh                  Lee
Limehouse              Loftis                 Merrill
Moody-Lawrence         Norman                 Parks
Perry                  Phillips               M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Simrill                F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Talley                 Thompson               Toole
Tripp                  Umphlett               Vaughn
Viers                  Weeks                  White
Witherspoon            Young

Total--56

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of the motion to commit the Bill to the Committee on Judiciary.

Rep. HARRISON moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 5:30 p.m. the House, in accordance with the motion of Rep. WALKER, adjourned in memory of Dr. D. C. Hull of Spartanburg, to meet at 10:00 a.m. tomorrow.

***

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