Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Colossians 3:2: "Set your minds on things that are above."
Let us pray. Almighty God, we give thanks to You for inviting us to soar with You beyond the troubles of this day. Be our advisor to the business at hand. Lead us to be examples to those who trust us in serving them. Put into our minds the high ideals of servanthood for the good of this State. Invoke Your divine care upon our Nation, the President, our State and her leaders. Keep our defenders of freedom in Your safe care. We pray 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 Friday, the SPEAKER ordered it confirmed.
Rep. TAYLOR moved that when the House adjourns, it adjourn in memory of Charles M. Culbertson II of Laurens County, which was agreed to.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
On behalf of the South Carolina Self-Insurers Association, the Members of the South Carolina House of Representatives are invited to a breakfast on Wednesday, March 2, 2005, from 8:00 a.m. to 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Mobashir Salahuddin, Executive Director
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Association of Public Library Administrators, the Members of the South Carolina House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 2, 2005, from 12:00 noon until 2:00 p.m. at the Adam's Mark Hotel.
Sincerely,
Dwight McInvaill, Director
Georgetown County Library
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the American Legislative Exchange Council, the Members of the South Carolina House of Representatives are invited to a reception. This event will be held on Wednesday, March 2, 2005, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Gary Barrett
Director of Membership
Dear Chairman Leach:
On behalf of the SC Vocational Rehabilitation Association, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, March 3, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Debra M. Moses
President
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Department of Natural Resources, the Harry R. E. Hampton Memorial Wildlife Fund and the SC Chapter of the National Wild Turkey Federation, the Members and staff of the South Carolina House of Representatives are invited to a reception. This event will be held on Tuesday, March 8, 2005, from 6:00 p.m. until 8:30 p.m. at the State Museum.
Sincerely,
Cary D. Chamblee
Associate Director
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
On behalf of the SC Aviation Association, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 9, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Katie English
Administrative Manager
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Prayer Fellowship, the Members of the South Carolina House of Representatives are invited to the South Carolina State Prayer Breakfast. This event will be held on Wednesday, March 30, 2005, at 7:30 a.m. at the Sheraton Hotel and Conference Center.
Sincerely,
C. Tommy Young
Chairman
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the ETV Endowment of South Carolina, the Members of the South Carolina House of Representatives are invited to a Catfish Luncheon. This event will be held on Wednesday, March 30, 2005, from 12:00 noon until 1:30 p.m. at the ETV Telecommunications Center, 1041 George Rogers Boulevard.
Elaine Freeman
Executive Director
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the York County Regional Chamber of Commerce, the Members and staff of the South Carolina House of Representatives are invited to the York County Day Legislative Reception. This event will be held on Wednesday, March 30, 2005, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Dean Faile
Senior Vice President
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the March of Dimes, SC Chapter and the SC Perinatal Association, the Members and staff of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, March 31, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Karen Waldrop
Director of Program Services
Dear Chairman Leach:
On behalf of the South Carolina Urban League of Columbia the Members of the South Carolina House of Representatives are invited to a luncheon on Wednesday, March 9, 2005, from 12:00 noon until 2:00 p.m. in Room 221 of the Blatt Building.
Thank you,
Ron Thomas
SC Urban League of Columbia
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Probate Judges, the Members of the South Carolina House of Representatives are invited to a reception. This event will be held on Tuesday, March 1, 2005, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House.
Sincerely,
Judge Frank Simon
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Home Builders Association of SC, the members of the South Carolina House of Representatives are invited to a Bird Supper. This event will be held on Wednesday, March 9, 2005,
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Chapters of Alpha Kappa Alpha Sorority, the Members of the South Carolina House of Representatives are invited to a Shrimp and Grits Breakfast. This event will be held on Thursday, March 10, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Sheila McMillan
SC Connection Co-Chm.
January 20, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Bankers Association, the Members of the South Carolina House of Representatives are invited to a Young Bankers Legislative Oyster Roast & BBQ. This event will be held on Tuesday, March 29, 2005, at the University Club.
Sincerely,
E. Anne Gillespie
Senior Vice President
On motion of Rep. MAHAFFEY, with unanimous consent, the following was taken up for immediate consideration:
H. 3406 (Word version) -- Rep. Mahaffey: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE JAMES F. BYRNES HIGH SCHOOL FOOTBALL TEAM, COACH BOBBY BENTLEY, AND OTHER SCHOOL OFFICIALS WEDNESDAY, FEBRUARY 2, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON WINNING THE CLASS AAAA DIVISION II STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the James F. Byrnes High School Football Team of Spartanburg County, Head Coach Bobby Bentley, and other school officials, on Wednesday, February 2, 2005, at a time to be determined by the Speaker, for the purpose of congratulating and honoring the team for winning the Class AAAA Division II State Championship Title.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3407 (Word version) -- Reps. J. M. Neal, Govan, McCraw, Phillips, Altman, Bales, Branham, Emory, Harrell, Huggins, Limehouse, Rhoad, Scarborough and G. R. Smith: A BILL TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENT EMPLOYEES DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE SPOUSES IN THE PERSONS ELIGIBLE FOR THE TUITION EXEMPTION AND TO INCLUDE SUMMER SEMESTERS IN THE FOUR YEARS THE PERSONS MAY RECEIVE THE TUITION EXEMPTION; TO AMEND SECTION 59-
H. 3408 (Word version) -- Reps. J. M. Neal, McCraw, Phillips, Bales, Bingham, Emory, M. A. Pitts and Toole: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO PROVIDE THAT A FULL-TIME COMMISSIONED LAW ENFORCEMENT OFFICER WHO IN THE LINE OF DUTY IS ASSAULTED OR INJURED WHILE ARRESTING OR ATTEMPTING TO ARREST A PERSON MAY BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY BY HIS EMPLOYER RATHER THAN SICK LEAVE.
Referred to Committee on Ways and Means
H. 3409 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 9, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF CHIROPRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ORGANIZATIONAL FRAME WORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CHIROPRACTORS, INCLUDING AUTHORIZING THE TREATMENT OF ARTICULATION AND EXTREMITIES AND THE USE OF ACUPUNCTURE UNDER CERTAIN CONDITIONS, CLARIFYING THAT ONLY CHIROPRACTORS MAY PERFORM SPINAL ADJUSTMENT AND EXAMINATIONS TO EVALUATE FOR TREATMENT, PROVIDING FOR PRECEPTORSHIP TRAINING, AUTHORIZING DELEGATION OF CERTAIN TREATMENT, ALLOWING OUT-OF-STATE CHIROPRACTORS TO OBTAIN LICENSURE BY ENDORSEMENT AND TO SERVE AS CONSULTANTS, REQUIRING MALPRACTICE INSURANCE, AUTHORIZING THE BOARD TO OBTAIN CERTAIN MEDICAL
H. 3410 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTIONS 33-1-200 AND 33-31-120, AS AMENDED, BOTH RELATING TO THE FILING REQUIREMENTS OF CERTAIN DOCUMENTS, SO AS TO PROVIDE THAT THE DOCUMENT MUST BE IN A MEDIUM AND FORM AS PERMITTED BY THE SECRETARY OF STATE.
Referred to Committee on Judiciary
H. 3411 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 5-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE COUNTING IN MUNICIPAL ELECTIONS, SO AS TO DELETE THE REQUIREMENT THAT IN THE CASE OF A CONTESTED ELECTION INCUMBENTS HOLD OVER UNTIL THE CONTEST IS FINALLY DETERMINED; AND TO AMEND SECTION 5-15-140, RELATING TO CONTESTING A MUNICIPAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE OF APPEAL OF THE DECISION OF THE MUNICIPAL ELECTION COMMISSION ACTS AS A STAY OF FURTHER PROCEEDINGS PENDING THE APPEAL.
Referred to Committee on Judiciary
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
H. 3413 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, TO FURTHER PROVIDE FOR PROCEDURES REGARDING THE EXPENDITURE OF CERTAIN FUNDING, AND TO MAKE TECHNICAL CORRECTIONS.
Referred to Committee on Education and Public Works
S. 3 (Word version) -- Senators Leatherman, Verdin, Gregory and Grooms: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
The following was introduced:
H. 3415 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND FOOTBALL TEAM AND HEAD COACH MIKE SIMS ON THEIR UNDEFEATED 2004 FOOTBALL SEASON.
The Resolution was adopted.
On motion of Rep. OTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3416 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CALHOUN ACADEMY "CAVALIERS" FOOTBALL TEAM, HEAD COACH ADAM JARECKI, AND OTHER SCHOOL OFFICIALS, THURSDAY, FEBRUARY 3, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR 2004 SOUTH CAROLINA
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Calhoun Academy "Cavaliers" Football Team, Head Coach Adam Jarecki, and other school officials, on Thursday, February 3, 2005, at a time to be determined by the Speaker, for the purpose of congratulating and honoring the team for their South Carolina Independent School Athletic Association Class AA State Championship.
The Resolution was adopted.
The following was introduced:
H. 3417 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MR. HERBERT BRYSON SCHLOSS OF MYRTLE BEACH FOR HIS SERVICE AS EXECUTIVE DIRECTOR OF THE OCEAN VIEW MEMORIAL FOUNDATION, AND TO WISH HIM MUCH HAPPINESS IN HIS RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 3418 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION CONGRATULATING THE CALHOUN ACADEMY "CAVALIERS" FOOTBALL TEAM OF CALHOUN COUNTY ON THEIR OUTSTANDING SEASON AND CAPTURING THE 2004 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA STATE FOOTBALL CHAMPIONSHIP, AND HONORING THESE OUTSTANDING PLAYERS, COACH ADAM JARECKI AND HIS STAFF, AND THE CALHOUN ACADEMY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3419 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF JUDGE ARCHIE BEATTIE OF LEE COUNTY ON JANUARY 17, 2005, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 356 (Word version) -- Senators Jackson, Patterson and Lourie: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF DOCTOR RONALD L. EPPS UPON HIS RETIREMENT AS SUPERINTENDENT OF SCHOOLS FOR RICHLAND COUNTY SCHOOL DISTRICT ONE ON JANUARY 31, 2005, AND EXTEND BEST WISHES TO HIM ON HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3420 (Word version) -- Judiciary Committee: A HOUSE RESOLUTION TO ADOPT THE RECOMMENDATION OF THE HOUSE JUDICIARY COMMITTEE ON THE ELECTION APPEAL IN HOUSE DISTRICT 106.
Whereas, the following matter has been brought before the House of Representatives:
Richard Withington, )
)
Protestant )
)
vs. )
)
Nelson Hardwick, )
)
Respondent )
)
and The State Election )
Commission and Horry )
County Election )
Commission )
Whereas, in House District 106, the Board of State Canvassers issued an Order upholding the election of Nelson Hardwick as the member of the House of Representatives from House District 106, and Protestant Richard Withington filed an appeal from such finding with the House of Representatives; and
Whereas, the appeal was referred to the Judiciary Committee by the Speaker of the House; and
Whereas, the Judiciary Committee has now carefully considered the appeal and by this resolution does specifically make its recommendation of the appeal as follows:
The Judiciary Committee finds that the Order of the Board of State Canvassers should be upheld, the election of Nelson Hardwick should be declared valid, and Nelson Hardwick should continue sitting as the Representative from House District 106.
Now, therefore,
Be it resolved by the House of Representatives:
Rep. HARRISON explained the Resolution.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
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 Dantzler Davenport Delleney Duncan Edge Emory Frye Hagood Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton
D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Viers Walker Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, February 1.
Ronald Townsend Bill Cotty Laurie Funderburk James E. Smith Walton McLeod Gloria Haskins Daniel Cooper Thayer Rivers Bessie Moody-Lawrence Denny Neilson Brian White Douglas Jennings Jackson "Seth" Whipper Nikki Haley Todd Rutherford Jerry Govan David Weeks Alex Harvin
The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.
Announcement was made that Dr. March Seabrook of West Columbia is the Doctor of the Day for the General Assembly.
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
Bill Number: H. 3007 (Word version)
Date: ADD:
02/01/05 NEILSON
Bill Number: H. 3007 (Word version)
Date: ADD:
02/01/05 VICK
Bill Number: H. 3009 (Word version)
Date: ADD:
02/01/05 NEILSON
Bill Number: H. 3110 (Word version)
Date: ADD:
02/01/05 CEIPS
Bill Number: H. 3117 (Word version)
Date: ADD:
02/01/05 MCLEOD
Bill Number: H. 3129 (Word version)
Date: ADD:
02/01/05 CEIPS
Bill Number: H. 3178 (Word version)
Date: ADD:
02/01/05 CEIPS
Bill Number: H. 3305 (Word version)
Date: ADD:
02/01/05 CEIPS
Bill Number: H. 3313 (Word version)
Date: ADD:
02/01/05 CEIPS
Bill Number: H. 3320 (Word version)
Date: ADD:
02/01/05 CEIPS
Bill Number: H. 3335 (Word version)
Date: ADD:
02/01/05 CEIPS
Bill Number: H. 3338 (Word version)
Date: ADD:
02/01/05 SIMRILL
Bill Number: H. 3381 (Word version)
Date: ADD:
02/01/05 VIERS
Bill Number: H. 3405 (Word version)
Date: ADD:
02/01/05 MILLER
Bill Number: H. 3221 (Word version)
Date: ADD:
02/01/05 DUNCAN
Bill Number: H. 3221 (Word version)
Date: ADD:
02/01/05 M. A. PITTS
Bill Number: H. 3221 (Word version)
Date: ADD:
02/01/05 OWENS
Bill Number: H. 3221 (Word version)
Date: ADD:
02/01/05 CHALK
Bill Number: H. 3221 (Word version)
Date: ADD:
02/01/05 BAILEY
Bill Number: H. 3221 (Word version)
Date: ADD:
02/01/05 CEIPS
Bill Number: H. 3221 (Word version)
Date: ADD:
02/01/05 HALEY
Bill Number: H. 3221 (Word version)
Date: ADD:
02/01/05 TOOLE
Bill Number: H. 3221 (Word version)
Date: ADD:
02/01/05 VIERS
Bill Number: H. 3221 (Word version)
Date: ADD:
02/01/05 HARDWICK
Bill Number: H. 3204 (Word version)
Date: REMOVE:
02/01/05 G. R. SMITH
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3400 (Word version) -- Rep. Anthony: A BILL TO ABOLISH THE LOCKHART SCHOOL DISTRICT HEALTH COMMISSION IN UNION COUNTY AND TO REPEAL ACT 1171 OF 1948 ESTABLISHING THIS HEALTH COMMISSION.
H. 3334 (Word version) -- Reps. Cooper, Rice, Hiott, Owens and Skelton: A JOINT RESOLUTION TO CHANGE THE NAME OF EARLE E. MORRIS, JR., HIGHWAY IN ANDERSON AND PICKENS COUNTIES TO SOUTH CAROLINA HIGHWAY 153 AND TO NOTIFY THE COUNTY GOVERNING BODIES AND POST OFFICES AFFECTED BY THE CHANGE.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3085 (Word version) -- Reps. Harrison, Kirsh, E. H. Pitts, Hinson, Mahaffey, Umphlett, McLeod, Jennings and Altman: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD THAT IT IS UNLAWFUL TO USE IDENTIFYING
Rep. COTTY moved to adjourn debate upon the following Bill until Wednesday, February 2, which was adopted:
H. 3086 (Word version) -- Reps. J. R. Smith, Cotty, Chellis, Scarborough, Bales, Brady, Cato, Ceips, Clark, Hamilton, Harrell, Haskins, Leach, Neilson, Perry, D. C. Smith, G. R. Smith, Townsend, Tripp, Vaughn, Walker, Coates, Owens, E. H. Pitts, Littlejohn, Rice, Witherspoon, Hinson, Mahaffey, Duncan, Huggins, Frye, Toole, Hagood and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTING RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT AND SPECIAL SCHOOLS INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2005.
The following Bill was taken up:
H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines,
Rep. RICE explained the Bill.
Rep. RICE continued speaking.
The question then recurred to the passage of the Bill on second reading.
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 Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Kennedy Kirsh Leach Littlejohn Loftis Lucas McCraw McGee McLeod Merrill Miller Moody-Lawrence Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice 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 Thompson Toole Tripp Umphlett Vaughn Vick Viers Walker Whipper Whitmire Witherspoon Young
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3142 (Word version) -- Reps. White, Davenport, Mahaffey and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\11155AC05), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 5 and inserting:
/SECTION 5. This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3274 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 20-7-2220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS AND THE EFFECT OF PENDENCY OF AN APPEAL IN CERTAIN FAMILY COURT MATTERS, SO AS TO PROVIDE THAT NO TEN DAY AUTOMATIC STAY APPLIES IN SUCH CASES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11160AC05), which was adopted:
Amend the bill, as and if amended, Section 20-7-2220 page 1, line 34 by deleting /wife/ and inserting /wife spouse/. So when amended Section 20-7-2220 reads:
/ "Section 20-7-2220. Any appeal from an order, judgment, or decree of the family court shall be taken in the manner provided by the South Carolina Appellate Court Rules. The right to appeal must be governed by the same rules, practices, and procedures that govern appeals from the circuit court.
The pendency of an appeal or application may not suspend the order of the family court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution, or agency to whose care the child shall have been committed; nor shall it suspend payments for support and maintenance of the wife spouse and child; and no automatic ten-day stay applies following issuance of such an order."/
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
The Bill, as amended, was read the second time and ordered to third reading.
The motion period was dispensed with on motion of Rep. W. D. SMITH.
Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, February 2, which was adopted:
H. 3007 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G. R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett, Brady, Bailey, Hagood, Edge, Clemmons, Huggins, Neilson and Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.
The following Joint Resolution was taken up:
H. 3011 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Cato, Harrell, Chellis, G. R. Smith, Merrill, Coates, Young, Owens, Kirsh, Leach, Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Chalk, Brady, Edge and Hagood: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives.
"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION 4. The proposed amendment in Section 5 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?
"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."
SECTION 6. The proposed amendment in Section 7 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?
Rep. SCOTT moved to adjourn debate on the Joint Resolution until Wednesday, February 2.
Rep. DELLENEY moved to table the motion.
Rep. SCOTT demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 44 to 16.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20084SD05), which was adopted:
Amend the joint resolution, as and if amended, by striking Part II which includes SECTIONS 3 and 4, on page 3 in its entirety.
Amend further, by striking lines 11 through 23 of the title on page 1 and inserting /PROPOSING AN AMENDMENT TO SECTION 7,
Rep. DELLENEY explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Ballentine Barfield Bingham Bowers Brady G. Brown Cato Ceips Chalk Chellis Clemmons Coates Cobb-Hunter Cooper Cotty Davenport Delleney Edge Haley Hardwick Harrell Harrison Herbkersman Hinson Hiott Huggins Jennings Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey McGee Merrill Norman Pinson E. H. Pitts Rice Sandifer Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith
W. D. Smith Stewart Talley Taylor Toole Umphlett Vaughn Viers Walker White Whitmire Wilkins Young
Those who voted in the negative are:
Agnew Anderson Bales Battle Branham Breeland J. Brown R. Brown Clark Clyburn Coleman Emory Frye Funderburk Hagood Hayes J. Hines M. Hines Hosey Jefferson Kennedy Mack Martin McCraw McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Parks Perry Phillips Rhoad Rivers Rutherford Scarborough Scott Thompson Vick Weeks Whipper
So, the amendment was adopted.
Rep. WITHERSPOON proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20199SD05), which was adopted:
Amend the joint resolution, as and if amended, by striking Part I which includes Sections 1 and 2 in its entirety.
Amend the joint resolution further, as and if amended, by adding a new Part immediately after SECTION 2 in Part I to be appropriately numbered to read:
SECTION ____. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the secretary must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?
Rep. WITHERSPOON explained the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. MERRILL moved cloture on the entire matter.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Ballentine Barfield Bingham Bowers
Brady Cato Ceips Chalk Chellis Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Leach Limehouse Littlejohn Loftis Mahaffey Martin McGee Merrill Norman Owens Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Battle Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Emory Funderburk Hayes J. Hines M. Hines Hosey Howard Jefferson Jennings Kirsh Lee Lucas Mack McCraw McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Rhoad Rivers Rutherford Scott F. N. Smith
J. E. Smith Thompson Tripp Weeks Whipper
So, cloture was ordered.
Rep. SCOTT moved that the House do now adjourn.
Rep. W. D. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anderson Anthony Breeland R. Brown Funderburk Hayes J. Hines M. Hines Hosey Howard Jennings Lee Mack McLeod Moody-Lawrence J. H. Neal Perry Phillips Rhoad Rivers Scott J. E. Smith Weeks
Those who voted in the negative are:
Agnew Altman Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady G. Brown Cato Ceips Chalk Chellis Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey
Martin McCraw Merrill Miller Neilson Norman Owens E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Vaughn Vick Viers Walker White Whitmire Wilkins Witherspoon Young
So, the House refused to adjourn.
Rep. OTT spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Bailey Bales Battle Branham Breeland G. Brown R. Brown Chellis Clark Clyburn Coleman Cooper Dantzler Edge Frye Funderburk Harrell Harrison Hayes Hinson Hiott Hosey Howard Jennings Leach Lee Limehouse Lucas Mack Martin McLeod Merrill Miller Moody-Lawrence J. H. Neal Neilson Ott Owens Phillips M. A. Pitts Rhoad Rice
Scott Skelton F. N. Smith Taylor Thompson Toole Townsend Tripp Umphlett Vick Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Allen Anthony Ballentine Barfield Bingham Bowers Brady Cato Ceips Chalk Clemmons Cobb-Hunter Cotty Davenport Delleney Emory Hagood Haley Hamilton Hardwick Haskins Herbkersman J. Hines M. Hines Huggins Jefferson Kirsh Littlejohn Loftis Mahaffey McCraw McGee J. M. Neal Norman Parks Perry Pinson E. H. Pitts Rivers Rutherford Simrill Sinclair D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Vaughn Viers Walker Wilkins Young
So, the amendment was adopted.
Rep. HAGOOD proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\10570MM05), which was tabled:
Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting:
/ PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE AND THE SECRETARY OF STATE FROM THE
SECTION 1. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of the provisions of this paragraph, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of this provision, the commissioner must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?
SECTION 3. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION 4. The proposed amendment in Section 3 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the secretary must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?
SECTION 5. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION 6. The proposed amendment in Section 5 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?
"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."
SECTION 8. The proposed amendment in Section 7 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?
Rep. HAGOOD explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anthony Bales Ballentine Barfield Brady Cato Ceips Chellis Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Haley Hamilton Hardwick Harrison Herbkersman Hinson Hiott Leach Lee
Martin McLeod Merrill Moody-Lawrence J. H. Neal J. M. Neal Neilson Owens Perry Phillips M. A. Pitts Rice Sandifer Skelton F. N. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Taylor Thompson Toole Townsend Umphlett Vaughn Viers Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anderson Bailey Battle Bingham Bowers Branham Breeland G. Brown R. Brown Chalk Clark Clyburn Cobb-Hunter Frye Hagood Harrell Hayes J. Hines M. Hines Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee Miller Norman Ott Parks Pinson E. H. Pitts Rhoad Rivers Rutherford Scarborough Scott Simrill Sinclair D. C. Smith G. M. Smith W. D. Smith Talley Tripp Vick Walker Weeks Whipper White
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 5 (Doc Name COUNCIL\MS\7131AHB05), which was tabled:
Amend the joint resolution, as and if amended, by adding an appropriately numbered part to read:
SECTION 1. (A) It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Adjutant General serving on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, upon the advice and consent of the Senate. The term of office must be for four years, coterminous with that of the Governor. The General Assembly shall provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Adjutant General may be removed from office."
(B) It is proposed that Section 4, Article XIII of the Constitution of this State be amended to read:
"Section 4. There shall must be an Adjutant and Inspector General elected by the qualified electors of the State at the same time and in the same manner as other state officers, who shall rank as Brigadier General, and whose duties and compensation shall be are prescribed by law. The Governor shall, by and with the advice and consent of the Senate, shall appoint such other staff officers as the General Assembly may direct.
Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor in the manner provided in Section 7, Article VI."
SECTION 2. The proposed amendments in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers and Section 4, Article XIII relating to the Adjutant General and his staff officers be amended so as to update references to his title; delete the Adjutant General from the list of state officers which the Constitution requires to be elected; provide that upon the expiration of the term of the Adjutant General serving on the date of the ratification of these provisions, the Adjutant General must be appointed by the Governor with the advice and consent of the Senate for a term of four years, coterminous with that of the Governor; and require the General Assembly to provide by law for
Rep. COBB-HUNTER explained the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. OTT moved to recommit the Joint Resolution to the Committee on Judiciary.
Rep. HARRISON moved to table the motion.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Ballentine Barfield Bingham Bowers Brady Cato Ceips Chalk Chellis Clark Clemmons Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee Merrill
Neilson Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Battle Branham Breeland G. Brown R. Brown Clyburn Coleman Emory Funderburk Hamilton J. Hines M. Hines Hosey Howard Jefferson Jennings Kennedy Lee Mack McCraw McLeod Miller Moody-Lawrence J. H. Neal Ott Parks Phillips Rivers Rutherford F. N. Smith J. E. Smith Tripp Weeks Whipper
So, the motion to recommit the Joint Resoution was tabled.
Rep. HARRISON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Branham Breeland G. Brown Cato Ceips Chellis Clemmons Coates Cooper Cotty Dantzler Delleney Emory Funderburk Haley Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Howard Huggins Jennings Lee Limehouse Littlejohn Lucas Mahaffey Martin McCraw McGee McLeod Merrill Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Perry Phillips Pinson E. H. Pitts Rhoad Rice Sandifer Scott Simrill Skelton F. N. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Taylor Thompson Toole Townsend Umphlett Vick Walker Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Bowers R. Brown Clark Clyburn Cobb-Hunter Coleman Davenport Duncan Edge Frye Hagood Hamilton Hardwick Harrell Jefferson Kennedy Kirsh Loftis Mack Miller Parks M. A. Pitts Rivers
Rutherford Scarborough Sinclair D. C. Smith G. M. Smith W. D. Smith Talley Tripp Vaughn Viers Weeks
So, the amendment was tabled.
Rep. J. H. NEAL spoke against the Joint Resolution.
Rep. J. H. NEAL continued speaking.
Rep. OTT spoke against the Joint Resolution.
Rep. COBB-HUNTER spoke against the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Cato Ceips Chalk Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hinson Hiott Huggins Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey
Martin McCraw McGee Merrill Neilson Norman Owens Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Anderson Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Emory Harvin J. Hines M. Hines Hosey Howard Jefferson Kennedy Lee Mack McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Parks Rivers Rutherford Scott Weeks Whipper
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.
Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3421 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO CONGRATULATE TYRON STUCKS MCFARLAND, JR. OF THE CITY OF COLUMBIA, SOUTH CAROLINA ON BEING NAMED THE THIRTY-FOURTH RINGMASTER FOR THE 135TH EDITION OF THE RINGLING BROTHERS AND BARNUM & BAILEY CIRCUS, AND TO WISH HIM MUCH SUCCESS DURING THIS YEAR'S TOUR OF THE GREATEST SHOW ON EARTH.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 379 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 15, 2005, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICALS IN OUR STATE.
Whereas, municipalities derive their power from the state constitution and laws adopted by the General Assembly; and
Whereas, there are 268 duly incorporated municipalities within the State; and with 1.4 million or 35 percent of the state's population residing within municipalities; and
Whereas, it is estimated that over one million people reside in urbanized areas surrounding the incorporated municipalities; and
Whereas, all municipalities large and small are considered the hometown for its residents, providing a sense of place and spirit of community to all within and around its municipal boundaries; and
Whereas, municipalities provide essential services such as law enforcement, fire protection, health and sanitation, recreation, and growth and development controls to protect and enhance the quality of life for all of the citizens of the State; and
Whereas, there are over 17,000 hardworking, dedicated employees of the 268 municipalities that are charged with carrying out the policies and procedures enacted by the municipal councils to provide the essential services to its citizens; and
Whereas, municipalities are economic engines of the State, which drive the economy of the immediate region; and
Whereas, healthy, financially sound, and economically strong municipalities are essential to the health and welfare of the State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, declare Tuesday, February 15, 2005, as "South Carolina Hometown Day" in order to recognize and honor the many outstanding municipal officials in our State.
Be it further resolved that a copy of this resolution be presented to Thomas D. Peeples, Mayor of the Town of Hilton Head Island and the 2005 President of the Municipal Association of South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3422 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDITS, SO AS TO EXCLUDE AN
H. 3423 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE FOR TECHNICAL COLLEGES AND TWO-YEAR INSTITUTIONS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT WHO IS DUALLY ENROLLED IN AN ELIGIBLE TWO-YEAR INSTITUTION IS NOT REQUIRED TO BE DEGREE SEEKING AND IS NOT REQUIRED TO COMPLETE A FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) APPLICATION TO QUALIFY AS A FIRST TIME ENTERING FRESHMAN.
Referred to Committee on Ways and Means
H. 3424 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT REQUIRING A PARENT TO PROVIDE HEALTH INSURANCE COVERAGE FOR A CHILD, SO AS TO PROVIDE THAT IN CHILD SUPPORT CASES ENFORCED BY THE DEPARTMENT OF SOCIAL SERVICES, THE DIVISION MUST USE THE NATIONAL MEDICAL SUPPORT NOTICE PROMULGATED BY FEDERAL LAW.
Referred to Committee on Judiciary
H. 3425 (Word version) -- Reps. Scarborough and Altman: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES TO THE ISSUANCE OF A CORPORATE CERTIFICATE FOR A PROPOSED MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT NO PART OF THE PROPOSED MUNICIPALITY IS WITHIN FIVE MILES OF THE BOUNDARY OF AN ACTIVE INCORPORATED MUNICIPALITY.
Referred to Committee on Judiciary
H. 3426 (Word version) -- Reps. Scarborough and Altman: A BILL TO AMEND CHAPTER 1, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN
Rep. SCOTT moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3123 (Word version) -- Reps. Clemmons, Viers and Toole: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE IMPORTANCE OF BEACH MUSIC TO THE CITIZENS OF SOUTH CAROLINA AND THE FUN AND ENTERTAINMENT IT PROVIDES, AND TO PROCLAIM APRIL 13, 2005, AS "BEACH MUSIC DAY" IN SOUTH CAROLINA.
H. 3282 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO APPLAUD THE NEWLY FORMED SOUTH CAROLINA JUMP$TART COALITION FOR PERSONAL
H. 3283 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO APPLAUD THE DENTAL CARE PROVIDERS AND AUXILIARIES IN SOUTH CAROLINA WHO PROVIDE FREE DENTISTRY TO THE NEEDIEST CHILDREN IN THE STATE ON THE FIRST FRIDAY OF FEBRUARY EACH YEAR AND TO RECOGNIZE FRIDAY, FEBRUARY 4, 2005, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY".
H. 3293 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS CADMUS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, FEBRUARY 22, 2005.
H. 3375 (Word version) -- Reps. Wilkins, 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,
At 2:00 p.m. the House, in accordance with the motion of Rep. TAYLOR, adjourned in memory of Charles M. Culbertson II of Laurens County, to meet at 10:00 a.m. tomorrow.
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