Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. J. YOUNG as follows:
Eternal God, Who has spoken to Your people at creation and from the Light at Bethlehem, speak to us Your truths for our present age. Grant to us pure thoughts and words and worthy motives. And to see this new day as an unearned gift from Your good and gracious hand, enable us to use each moment of it well. Lead us as we evaluate options, reconcile differences. Keep us from wasting time on the wrong things or on things that do not matter. From the beginning of this day to the end of it help us fervently "to do justly, to love mercy, and to walk humbly with our God." Look with favor, Lord, upon this our prayer offered in thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. OWENS moved that when the House adjourns, it adjourn in memory of infant Harley Hall of Dorchester, which was agreed to.
The House stood in silent prayer for Representative Moody-Lawrence who is recovering in the hospital from a severe reaction to medication.
The following was received:
May 8, 2001
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
STATEWIDE APPOINTMENT
State Ethics Commission
Term Commencing: June 30, 2001
Term Expiring: June 30, 2006
Seat: At-Large
Initial Appointment
John Samuel West
1 Riverwood Drive
Moncks Corner, South Carolina 29461
843-761-7078 Fax: 843-761-7037
Respectfully,
Jim Hodges
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3595 (Word version) -- Reps. Thompson, A. Young, Hinson, Law, Limehouse, Littlejohn, Meacham-Richardson, Sandifer and White: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES AND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTIONS 37-2-418 AND 37-3-418, BOTH SO AS TO PROVIDE FOR SPECIFIC RESTRICTIONS ON THE DISTRIBUTION OF APPLICATIONS AND ADVERTISING AND ANY OTHER FORM OF SOLICITATION FOR OWNERSHIP OF A SELLER CREDIT CARD OR A LENDER CREDIT CARD BY A CREDIT CARD ISSUER ON THE CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING IN THE STATE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3819 (Word version) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J. M. Neal, Ott, Phillips, F. N. Smith, Snow, Whatley and Witherspoon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO PROVIDE THAT, IF REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3101 (Word version) -- Reps. Huggins, Robinson, Wilder, Altman and Clyburn: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3668 (Word version) -- Reps. Jennings and Cato: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT ALL DOCUMENTS AND RECORDS OF AND INCIDENTAL TO AN AUTOPSY.
Ordered for consideration tomorrow.
The following was introduced:
H. 4078 (Word version) -- Reps. Tripp and Cooper: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 25 IN GREENVILLE COUNTY THAT RUNS SOUTHWARD BETWEEN THE TOWN LIMITS OF WARE PLACE AND THE GREENVILLE-LAURENS COUNTY LINE, THE "CHARLES AIKEN HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THE WORDS "CHARLES AIKEN HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4079 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS AND PASTOR OF FAITH CATHEDRAL UPON LEARNING OF THE CHURCH'S DEDICATORY SERVICE HELD ON SUNDAY, APRIL 29, 2001.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4080 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF BRUCE UPDIKE OF TEGA CAY, ONE OF YORK COUNTY'S AND TEGA CAY'S MOST RESPECTED COMMUNITY LEADERS, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4081 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-115, SO AS TO PROVIDE THAT THE SWEARER OF AN ARREST WARRANT WHO IS NOT A LAW ENFORCEMENT OFFICER MUST PRESENT A MAGISTRATE WITH THE SWORN STATEMENT OF AT LEAST ONE ADDITIONAL CREDIBLE WITNESS OF THE CRIMINAL OFFENSE CONTAINED IN THE WARRANT BEFORE THE WARRANT MAY BE ISSUED BY THE MAGISTRATE.
Referred to Committee on Judiciary
H. 4082 (Word version) -- Reps. Koon, Frye, Bingham, Stuart and Knotts: A BILL TO EQUALIZE AMONG THE SCHOOL DISTRICTS OF LEXINGTON COUNTY THE DISTRIBUTION OF PROPERTY TAXES FOR SCHOOLS PAID ON UTILITY PROPERTY IN LEXINGTON COUNTY AND SIMILARLY TO EQUALIZE AMONG THOSE DISTRICTS THE ASSESSED VALUE OF UTILITY PROPERTY IN LEXINGTON COUNTY FOR PURPOSES OF CALCULATING THE INDEX OF TAXPAYING ABILITY AND THE CONSTITUTIONAL BONDED INDEBTEDNESS LIMITATION.
Rep. KOON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. BINGHAM objected.
Referred to Committee on Ways and Means
H. 4083 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE STATE REGISTER AND CODE OF REGULATIONS, SO AS TO CLARIFY THAT THE SOUTH CAROLINA BUDGET AND CONTROL BOARD PERSONNEL AND HUMAN RESOURCES POLICIES AND PROCEDURES THAT APPLY TO ALL STATE EMPLOYEES ARE REGULATIONS; AND TO AMEND SECTION 1-23-130, AS AMENDED, RELATING TO EMERGENCY REGULATIONS, SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO PROMULGATE EMERGENCY REGULATIONS PERTAINING ONLY TO PERSONNEL OR HUMAN RESOURCES THAT APPLY TO ALL STATE EMPLOYEES.
Referred to Committee on Ways and Means
H. 4086 (Word version) -- Reps. Snow, Lourie and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8940, SO AS TO REQUIRE PERSONS REQUIRED TO REPORT SUSPECTED CASES OF CHILD ABUSE OR NEGLECT TO THE DEPARTMENT OF JUVENILE JUSTICE; REPORT A CHILD BELIEVED TO BE ENGAGING IN CRUELTY TO ANIMALS; TO AUTHORIZE THE DEPARTMENT TO REFER THE CHILD FOR PROSECUTION IF APPROPRIATE; TO REQUIRE A TREATMENT PLAN, INCLUDING PSYCHOLOGICAL EVALUATION AND TREATMENT; TO PLACE A CHILD ON PROBATION UNTIL HIS SEVENTEENTH BIRTHDAY UNLESS THE COURT FINDS IT IN THE CHILD'S BEST INTEREST TO BE RELEASED FROM PROBATION; AND TO REQUIRE THE DEPARTMENT TO SUBMIT SEMIANNUAL REPORTS TO THE COURT ON THE CHILD'S STATUS AND PROGRESS.
Referred to Committee on Judiciary
S. 478 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(E) IS CONSIDERED A SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE, AND SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(F) IS CONSIDERED A MOST SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE.
Referred to Committee on Judiciary
S. 510 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO REVISE CERTAIN DEFINITIONS, MAKE CERTAIN TECHNICAL CHANGES, PROVIDE THAT OPTOMETRISTS, AS WELL AS OPHTHALMOLOGISTS, MAY EXAMINE VISUALLY IMPAIRED PERSONS FOR THE COMMISSION, TO PROVIDE FOR A SPECIAL SERVICES SECTION OF THE COMMISSION TO PROVIDE EDUCATIONAL SERVICES, TO REVISE THE HEARING PROCEDURE FOR DISSATISFIED APPLICANTS AND TO PROVIDE MEDIATION; TO AMEND SECTION 43-26-10, RELATING TO DEFINITIONS CONCERNING THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS, SO AS TO REVISE A DEFINITION; AND TO AMEND SECTION 43-26-40, RELATING TO LICENSES FOR THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS SO AS TO PROVIDE LICENSES ARE ISSUED FOR INDEFINITE PERIODS OF TIME AND TO DELETE THE RESPONSIBILITY OF THE COMMISSION TO SECURE OTHER PERMITS OR LICENSES FROM OTHER AGENCIES OR POLITICAL SUBDIVISIONS FOR ITS LICENSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 616 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 56-3-1960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE OF HANDICAPPED PARKING DISPLAY PLACARDS TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A DISABLED OR HANDICAPPED PERSON OR TO A HANDICAPPED PERSON, SO AS TO PROVIDE THAT HANDICAPPED PARKING DISPLAY PLACARDS ALSO MAY BE ISSUED TO A PRIVATE INDIVIDUAL WHO TRANSPORTS A DISABLED OR HANDICAPPED PERSON.
Referred to Committee on Education and Public Works
The following was introduced:
H. 4084 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND MRS. VICKY G. HORNE, LEXINGTON AND RICHLAND SCHOOL DISTRICT FIVE'S TEACHER OF THE YEAR FOR 2000-2001, AND CONGRATULATE HER ON BEING SELECTED AS ONE OF FIVE FINALISTS FOR THE SOUTH CAROLINA TEACHER OF THE YEAR AWARD.
The Resolution was adopted.
The following was introduced:
H. 4085 (Word version) -- Reps. Leach, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO CONGRATULATE J. TODD WHITE, PRINCIPAL OF MITCHELL ROAD ELEMENTARY SCHOOL IN GREENVILLE, UPON BEING NAMED A 2001 NATIONAL DISTINGUISHED PRINCIPAL AND FOR RECEIVING THE 2001 MILKEN NATIONAL OUTSTANDING EDUCATOR AWARD.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barrett Battle Bingham Bowers Breeland Brown, G. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Harrell Harvin Haskins Hayes Hines, M. Hinson Howard Huggins Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, May 9.
James Harrison Robert L. Brown Harry Askins DeWitt McCraw Daniel Cooper Daniel Tripp Jackson Whipper Karl Allen Glenn Hamilton Douglas Jennings Joseph Neal Liston Barfield Jesse Hines Joe Brown Richard Quinn Becky Martin
LEAVE OF ABSENCE
The SPEAKER granted Rep. HOSEY a leave of absence for today and tomorrow to attend a conference in Winston Salem, N.C. as he is the State Grand Master of the Prince Hall Masons.
Announcement was made that Dr. Jay Buehler of Anderson is the Doctor of the Day for the General Assembly.
Reps. RUTHERFORD, HOWARD and J. BROWN presented to the House the W. J. Keenan High School Pirates Boys Basketball Team, the Class AAA Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3389 (Word version)
Date: ADD:
05/09/01 OWENS
Bill Number: H. 3389 (Word version)
Date: ADD:
05/09/01 LUCAS
Bill Number: H. 3693 (Word version)
Date: ADD:
05/09/01 TALLEY
Bill Number: H. 3389 (Word version)
Date: ADD:
05/09/01 BARFIELD
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4062 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, AND ENDING JUNE 30, 2002.
H. 3907 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TENDER OR INTERCHANGE OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT IF THE EQUIPMENT PROVIDER FOR CERTAIN OUT-OF-SERVICE VEHICLES FAILS TO REIMBURSE THE MOTOR CARRIER OPERATOR FOR FINES AND PENALTIES INCURRED PURSUANT TO THE VEHICLE'S OUT-OF-SERVICE ORDER WITHIN THIRTY DAYS OF A CONVICTION FOR VIOLATING A ROADSIDE INSPECTION, THEN THE MOTOR CARRIER OPERATOR HAS A CIVIL CAUSE OF ACTION AGAINST THE EQUIPMENT PROVIDER, TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ARE INTENDED TO ELIMINATE THE RESPONSIBILITY AND OBLIGATION OF A MOTOR CARRIER AND OPERATOR TO MAINTAIN AND OPERATE VEHICLES IN ACCORDANCE WITH FEDERAL MOTOR CARRIER SAFETY REGULATIONS AND ALL STATE AND LOCAL LAWS, AND TO PROVIDE THAT ANY PROVISION CONTAINED IN AN INTERMODAL INTERCHARGE CONTRACT PROVIDING FOR A HOLD HARMLESS OR INDEMNITY AGREEMENT, OR BOTH, BETWEEN THE MOTOR CARRIER OPERATOR AND THE TENDERER OR OWNER OF A VEHICLE, CONTRARY TO ANY PROVISION OF THIS SECTION IS VOID.
H. 3974 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO PROVIDE THAT SUCH PERSONS MUST REGISTER AND REPORT TO THE DEPARTMENT OF CONSUMER AFFAIRS, RATHER THAN TO THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-5-80, AS AMENDED, RELATING TO REQUIREMENTS TO OBTAIN A LICENSE TO CONDUCT INSURANCE BUSINESS IN THIS STATE, SO AS TO CLARIFY WHAT BOOKS AND RECORDS OF AN INSURER MUST BE MAINTAINED IN THIS STATE; TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO INCLUDE NEW DEFINITIONS AND REVISE CERTAIN EXISTING DEFINITIONS; TO AMEND SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION'S OBLIGATION TO AN INSURED CEASES WHEN TEN MILLION DOLLARS HAS BEEN PAID TO OR ON BEHALF OF THE INSURED AND TO ALLOW FOR ALLOCATION OF PAYMENTS WHEN THERE IS MORE THAN ONE CLAIMANT WITH A COVERED CLAIM; TO AMEND SECTION 38-31-70, AS AMENDED, RELATING TO THE PLAN OF OPERATION FOR THE ADMINISTRATION OF THE GUARANTY ASSOCIATION, SO AS TO AUTHORIZE REPORTING AND THE DELEGATION OF CERTAIN AUTHORITY TO AN ASSOCIATION SIMILAR TO THE GUARANTY ASSOCIATION; TO AMEND SECTION 38-31-90, AS AMENDED, RELATING TO RIGHTS OF THE GUARANTY ASSOCIATION REGARDING CLAIMANTS PAID AND ASSETS OF INSOLVENT INSURERS, SO AS TO PROVIDE THAT THE ASSOCIATION HAS THE RIGHT TO RECOVER THE AMOUNT OF A CLAIM PAID FROM CERTAIN INSUREDS AND AFFILIATES OF AN INSOLVENT INSURER; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO PROCEDURES REQUIRED TO BE FOLLOWED BY PERSONS ASSERTING CLAIMS AND TO LIMITATIONS ON CLAIMS, SO AS TO REVISE THESE PROVISIONS; TO AMEND SECTION 38-39-90, AS AMENDED, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES AND THE CREDITING OF RETURN PREMIUMS WHICH RESULT IN A SURPLUS, SO AS TO ALLOW A REFUND OF SURPLUS TO AN AGENT OF AN INSURED AND TO PROVIDE THAT NO REFUND IS REQUIRED IF IT AMOUNTS TO LESS THAN FIVE DOLLARS, RATHER THAN THREE DOLLARS; TO AMEND SECTION 38-43-80, AS AMENDED, RELATING TO LICENSE FEES FOR AGENTS OF INSURERS, SO AS TO PROVIDE THAT FEES MUST BE PAID AS PRESCRIBED BY THE DEPARTMENT, RATHER THAN PAID IN ADVANCE; TO AMEND SECTION 38-55-30, AS AMENDED, RELATING TO THE AMOUNT OF RISK THAT AN INSURER OR CAPTIVE INSURER MAY EXPOSE ITSELF TO, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO CAPTIVE INSURERS; TO AMEND SECTION 38-71-1370, AS AMENDED, RELATING TO THE APPLICATION OF GROUP ACCIDENT AND HEALTH INSURANCE PROVISIONS TO SMALL EMPLOYER INSURERS, SO AS TO EXCLUDE COVERAGE TO LATE ENROLLEES FOR A PERIOD OF TIME; TO AMEND SECTION 38-71-1980, RELATING TO EXPEDITED EXTERNAL REVIEWS, SO AS TO CHANGE AN INTERNAL CROSS REFERENCE; TO AMEND SECTION 38-87-40, AS AMENDED, RELATING TO REQUIREMENTS FOR OUT-OF-STATE CHARTERED RISK RETENTION GROUPS TO DO BUSINESS IN SOUTH CAROLINA, SO AS TO PROVIDE THAT SUCH GROUP IS SUBJECT TO TAXATION AS AN ADMITTED INSURER WOULD BE, RATHER THAN AS A FOREIGN ADMITTED INSURER WOULD BE; TO AMEND SECTION 38-90-60, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO CHANGE A CROSS REFERENCE; TO AMEND SECTION 38-90-140, RELATING TO TAX PAYMENTS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT THESE TAXES MUST BE PAID TO THE DEPARTMENT OF INSURANCE RATHER THAN TO THE DIRECTOR OF THE DEPARTMENT; TO AMEND SECTION 38-90-180, RELATING TO THE APPLICATION OF CERTAIN PROVISIONS OF THE REHABILITATION AND LIQUIDATION ACT TO CAPTIVE INSURANCE COMPANIES, SO AS TO ALSO APPLY CERTAIN PROVISIONS OF THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT TO THESE COMPANIES; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO PROCEDURES THAT MOTOR VEHICLE INSUREDS AND INSURERS MUST FOLLOW IF A MOTOR VEHICLE SUBJECT TO FINANCIAL RESPONSIBILITY REQUIREMENTS BECOMES UNINSURED, SO AS TO PROVIDE THAT NOTICE MUST BE GIVEN TO THE DEPARTMENT OF INSURANCE IF THE LAPSE OR TERMINATION OCCURRED WITHIN THREE MONTHS OF THE ISSUANCE OF A NEW POLICY; AND TO AMEND SECTION 56-10-280, AS AMENDED, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PROVIDE THAT IF A CHECK TENDERED BY THE INSURED IS RETURNED FOR INSUFFICIENT FUNDS, THE CANCELLATION IS EFFECTIVE AS OF THE POLICY INCEPTION OR RENEWAL DATE.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 538 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF EACH DISTRICT TO SET BY MAJORITY VOTE A SALARY THAT EACH MEMBER OF THE BOARD SHALL RECEIVE FOR ATTENDING MEETINGS OF THE BOARD, AND TO PROVIDE FOR THE MANNER IN WHICH THESE AMOUNTS SHALL BE PAID AND FOR LIMITATIONS THEREON.
H. 3768 (Word version) -- Rep. Askins: A BILL TO AMEND SECTION 56-3-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM MOTOR VEHICLE REGISTRATION AND LICENSING REQUIREMENTS, SO AS TO EXEMPT CERTAIN FIREFIGHTING VEHICLES.
Rep. MARTIN explained the Bill.
H. 4063 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2558, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 4064 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2567, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 4065 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TYPES AND LEVELS OF CREDENTIAL CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2569, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 537 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; AND TO AMEND SECTION 38-9-200, AS AMENDED, RELATING TO CREDIT ALLOWANCE FOR INSURANCE COMPANIES, SO AS TO PROHIBIT CREDIT FOR REINSURANCE BASED ON THE STATUS OF A CAPTIVE REINSURANCE COMPANY.
The following Bill was taken up:
H. 3822 (Word version) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 12 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22018CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 38-43-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-43-20. No person may act as agent for an insurer or for a fraternal benefit association unless an agent's license has been issued to him by the director or his designee, except for the following persons:
(a) an officer, employee, or secretary of a fraternal benefit association, as defined in Chapter 37 of this title, or any of its subordinate lodges or branches, who devotes substantially all of his services to activities other than the collection of premiums for fraternal insurance contracts and who receives for the solicitation of these contracts no commission or other compensation directly dependent upon the number or amount of contracts solicited or procured;
(b) a member representative of a fraternal benefit association which insures its members against death, dismemberment, and disability resulting from accident only and which pays no commission or other consideration for the collection of premiums for these contracts;
(c) a school teacher or school official who, without compensation, acts as agent for or performs any service in connection with the delivery or collection of insurance policies or premiums for accident and health insurance for children in the school system of the state where he is employed;
(d) a group insurance policyholder or employee of a group policyholder who acts as an agent or performs any service in connection with the collection of premiums or the delivery of insurance policies or certificates to the group insurance policyholder or his employees;
(e) an employee of a licensed agent who is under the agent's direct supervision or an employee of a licensed insurer, who performs solely clerical duties, and who is paid on an hourly or salary basis and not on a commission basis; or an agency office employee acting within the confines of the agent's office, under the direction and supervision of the licensed agent and within the scope of the agent's license, in the acceptance of request for insurance and payment of premiums and the performance of clerical, stenographic, and similar office duties; or
(f) an agent qualified to transact a life, health, or group insurance business may present a proposal for life, health, or group insurance to a prospective policyholder on behalf of an insurer for which the agent is not specifically licensed, and may also transmit an application for insurance to that insurer, if the insurer has previously furnished the proposal and application materials to the agent. By furnishing the proposal and application materials to the agent, the insurer is considered to have authorized the agent to act on its behalf, and the insurer is responsible for all actions of the agent as if the agent had been duly licensed for the insurer. Not more than fourteen days after the agent submits an application for insurance to the insurer, the insurer shall forward to the director or his designee its request that the agent be licensed as the insurer's agent in accordance with the requirements of this chapter.; or
(g) a limited insurance licensee pursuant to Section 38-43-500."
SECTION 2. Chapter 43, Title 38 of the 1976 Code is amended by adding:
Section 38-43-500. (A) As used in this section:
(1) 'Limited license' means the authority of a person or entity authorized to sell certain coverage relating to the rental of motor vehicles pursuant to the provisions of this section;
(2) 'Rental agreement' means a written agreement setting forth the terms and conditions governing the use of a motor vehicle provided by a rental company for rental or lease;
(3) 'Rental company' means a person or entity in the business of providing primarily motor vehicles to the public under a rental agreement for a period of not more than ninety days;
(4) 'Renter' means a person obtaining the use of a motor vehicle from a rental company under the terms of a rental agreement for a period of not more than ninety days;
(5) 'Vehicle' or 'rental vehicle' means a motor vehicle of the private passenger type including passenger vans, minivans, sport utility vehicles, and vehicles of the cargo type, including cargo vans, pick-up trucks with a gross vehicle weight of less than 26,000 pounds which do not require the operator to possess a commercial driver's license;
(6) 'Rental period' means the term of the rental agreement.
(B) The Director of the Department of Insurance may issue to a rental company that has complied with the requirements of this section, a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with the rental of vehicles.
(C) Before issuing a limited license under this section, an application for a limited license must be filed with the director, signed by an officer of the applicant, on a form prescribed by the director.
(D) A rental company licensed pursuant to subsection (B) may offer or sell insurance through a licensed insurer only in connection with and incidental to the rental of vehicles, at the rental office or by pre-selection of coverage in a master, corporate, group rental, or individual agreement in any of the following categories:
(1) personal accident insurance covering the risks of travel including, but not limited to, accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period;
(2) liability insurance which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage offered separately or in combination with other liability insurance, that provides protection, as applicable, to renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle;
(3) personal effects insurance that provides coverage, as applicable, to renters and other vehicle occupants for the loss of, or damage to, personal effects that occur during the rental period;
(4) roadside assistance and emergency sickness protection programs; and
(5) any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles.
(E) Insurance may not be offered or sold by a limited licensee pursuant to this section unless:
(1) the rental agreement does not exceed ninety consecutive days;
(2) at every location where rental agreements are executed, brochures or other written materials are readily available to a prospective renter that:
(a) summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer;
(b) disclose that the coverage offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy or other source of coverage;
(c) state that the purchase by the renter of the kinds of coverage specified in this section is not required in order to rent a vehicle; and
(d) describe the process for filing a claim if the renter elects to purchase coverage and in the event of a claim.
(3) evidence of coverage in the rental agreement is disclosed to every renter who elects to purchase this coverage.
(F) A limited license issued under this section also shall authorize an employee of the limited licensee to act individually on behalf, and under the supervision of, the limited licensee with respect to the kinds of coverage specified in this section.
(G) Each rental company licensed pursuant to this section shall conduct a training program in which employees being trained shall receive basic instruction about the kinds of coverage specified in this section and offered for purchase by prospective renters of rental vehicles.
(H) Notwithstanding any other provision of this section, or any rule adopted by the director, a limited licensee pursuant to this section is not to treat monies collected from renters purchasing this insurance as funds received in a fiduciary capacity or to hold the funds in separate trust accounts.
(I) A limited licensee under this section shall not advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers.
(J) If a limited licensee violates a provision contained in this section, the director may:
(1) after notice and a hearing, revoke or suspend a limited license issued under this section in accordance with the provisions of Section 38-5-120; or
(2) after notice and hearing, impose other penalties, including suspending the transaction of insurance at specific rental locations where violations of this section have occurred, as the director determines to be necessary or convenient to carry out the purposes of this section."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\5476DJC01), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 38-43-20(g) by striking:
/ 38-77-1200 / after / Section / and inserting / 38-43-500 /.
Amend the bill further, SECTION 2, Section 38-43-500(E), by striking subsection (E) in its entirety and inserting:
/ (E) Insurance may not be offered or sold by a limited licensee pursuant to this section unless:
(1) the rental agreement does not exceed ninety consecutive days;
(2) the endorsee informs the renter that the renter may have insurance policies in place that already provide the coverage being offered by the rental vehicle company pursuant to this title;
(3) at every location where rental agreements are executed, brochures or other written materials are readily available to a prospective renter that:
(a) summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer;
(b) disclose that the coverage offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy or other source of coverage;
(c) state that the purchase by the renter of the kinds of coverage specified in this section is not required in order to rent a vehicle; and
(d) describe the process for filing a claim if the renter elects to purchase coverage and in the event of a claim.
(4) evidence of coverage in the rental agreement is disclosed to every renter who elects to purchase this coverage. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 187 (Word version) -- Senators Rankin, Short and Hutto: A BILL TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT A CHILD FOUR YEARS OF AGE OR MORE WHO CANNOT SIT WITH THEIR BACKS STRAIGHT AGAINST THE VEHICLE SEAT BACK CUSHION WITH KNEES BENT OVER A VEHICLE'S SEAT EDGE MUST BE SECURED BY A BELT-POSITIONING BOOSTER SEAT PRESCRIBED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
Reps. ALTMAN, LITTLEJOHN, DAVENPORT, WEEKS, SCARBOROUGH, SIMRILL, STUART, TOWNSEND, ROBINSON, TROTTER, G. M. SMITH, HINSON, MILLER, STILLE, MARTIN, WALKER and SANDIFER requested debate on the Bill.
The following Bill was taken up:
S. 384 (Word version) -- Senators Verdin, Branton, Ryberg, Patterson and Ritchie: A BILL TO AMEND SECTION 56-3-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY CLASSIFYING CERTAIN MOTOR VEHICLES AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE MAXIMUM EMPTY WEIGHT OF A TRUCK THAT THE DEPARTMENT SHALL CLASSIFY AS A PRIVATE PASSENGER MOTOR VEHICLE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22036CM01):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 56-3-630 of the 1976 Code, as last amended by Act 375 of 2000, is further amended to read:
"Section 56-3-630. The department shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle, motorcycle three-wheel vehicle, or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of six seven thousand pounds or less and a gross weight of nine thousand pounds or less. The department shall classify a three-wheel vehicle by the manufacturer's statement of origin for the vehicle's initial registration. For subsequent registration, the department shall classify the three-wheel vehicle by its title document. This section does not relieve or negate any applicable fees required under Section 56-3-660." /
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. MARTIN moved to adjourn debate on the Bill until Thursday, May 10, which was agreed to.
The following Bill was taken up:
S. 495 (Word version) -- Senators Wilson, Verdin and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1265 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST DISPLAY IN ALL DIVISION OF MOTOR VEHICLE OFFICES WHERE MOTOR VEHICLE LICENSE PLATES OR STICKERS MAY BE OBTAINED OR RENEWED EXAMPLES OF ALL TYPES OF SPECIAL LICENSE PLATES WHICH INDIVIDUALS OF A PARTICULAR GROUP MAY OBTAIN, AND TO PROVIDE EXCEPTIONS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22064CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 56-3-1265. The Department of Public Safety must display in all Division of Motor Vehicle offices where motor vehicle license plates or stickers may be obtained or renewed examples of all types of special license plates which individuals of a particular group may obtain. The provisions of this section do not apply to special personalized motor vehicle license plates which individuals may obtain from the department under Section 56-3-2010."
SECTION 2. Section 56-3-1230(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(A) License plates must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate, but at least every six years. Beginning with the vehicle registration and license fees required by this title which are collected after July 1, 2002, two dollars of each biennial fee and one dollar of each annual fee collected from the vehicle owner must be placed by the Comptroller General in a special restricted account to be used solely by the Department of Public Safety for the costs associated with the production and issuance of new license plates. The department is not authorized to use this set aside money for any other purpose. License plates issued for vehicles in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates. License plates issued as permanent may be revalidated and replaced at intervals determined by the department."
SECTION 3. This act takes effect upon approval by the Governor. The set aside of two dollars of each biennial fee and one dollar of each annual fee and its placement into a special restricted account must begin with collections on and after July 1, 2002. /
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. TOWNSEND explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3034 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO ESTABLISH CRITERIA FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS TO STUDENTS GRADUATING IN 2001 AND THEREAFTER WHO ATTEND "MAGNET SCHOOLS" OR SCHOOLS WITH "OPEN ENROLLMENT".
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20565SD01), which was adopted:
Amend the bill, as and if amended, by striking Section 59-104-25 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 59-104-25. (A) For the purposes of applying for the Palmetto Fellows Scholarships, beginning with students graduating in 2002 and thereafter, a 'magnet school' is defined as any public school within a school district whose enrollment is open to all students of that district with all of the following characteristics:
(a) is attended by students outside their attendance zone who could not attend it if it were not a magnet school;
(b) emphasizes an academic theme or specialization; and
(c) was established for desegregation purposes.
(B) For all students in magnet schools as defined in subsection (A), whenever a student meets all criteria for applying for the Palmetto Fellows Scholarship except for rank in class, the student may use the rank in class from the high school he or she would have attended had there been no magnet school so long as by submitting an application for a Palmetto Fellows Scholarship, the magnet school student does not cause the regular high school to exceed the five percent limitation from its sophomore or junior class for these scholarships.
(C) The magnet high schools shall be responsible for obtaining official documentation from the regular high school that the magnet high school student is within the top five percent of either the sophomore or junior class. This documentation must be submitted with the student's Palmetto Fellows Scholarship application supporting documents. The official documentation shall include the name of the regular high school, the number in the class and whether it is the sophomore or junior year, and the student's exact rank in that class. Once the Commission on Higher Education has received all eligible applications, the commission shall ensure that the sending high schools do not exceed five percent of their classes with the inclusion of the magnet school applicants./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. EASTERDAY withdrew his request for debate on H. 3968; however, other requests for debate remained on the Bill.
On motion of Rep. RHOAD, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 3998 (Word version) -- Reps. Limehouse, Sharpe, Rhoad, Scarborough, R. Brown, Cato, Meacham-Richardson and J. R. Smith: A JOINT RESOLUTION TO PROVIDE THAT A PERSON MAY NOT OWN, POSSESS, OR OPERATE USED FARM EQUIPMENT THAT WAS IMPORTED FROM A COUNTRY DETERMINED TO BE A THREAT FOR THE SPREAD OF HOOF AND MOUTH DISEASE, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE MUST SEIZE AND DISPOSE OF ANY EQUIPMENT THAT VIOLATES THE PROVISIONS OF THIS JOINT RESOLUTION, AND TO PROVIDE THAT ONCE THE FEDERAL GOVERNMENT DETERMINES A COUNTRY IS CLEAR OF A THREAT OF THIS DISEASE, THEN THE STATE'S BAN ON THE OWNERSHIP, POSSESSION, OR USE OF EQUIPMENT IMPORTED FROM THAT COUNTRY IS RESCINDED.
On motion of Rep. RICE, with unanimous consent, the following Bill was ordered recalled from the Pickens Delegation:
S. 295 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO CHANGE THE FILING DEADLINES TO BE CONSISTENT WITH STATE LAW AND TO CORRECT REFERENCES TO THE REGISTRATION AND ELECTIONS COMMISSION FOR PICKENS COUNTY.
The Senate amendments to the following Bill were taken up for consideration:
H. 3534 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS; TO AMEND SECTION 59-18-310, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM TO MEASURE STUDENT PERFORMANCE UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO DELETE THE REQUIREMENT THAT A STANDARDS BASED ASSESSMENT WILL BE DEVELOPED FOR GRADES ONE AND TWO FOR USE BY SCHOOLS AND DISTRICTS AS DEEMED APPROPRIATE BY THE DISTRICT OFFICIALS; TO AMEND SECTION 59-18-1930, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S REVIEW OF STATE AND LOCAL PROFESSIONAL DEVELOPMENT STANDARDS AND RECOMMENDATIONS FOR IMPROVEMENT IN THE STANDARDS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ACCOUNTABILITY SYSTEM TO ENSURE THAT THESE RECOMMENDATIONS FOR IMPROVEMENT ARE IMPLEMENTED, AND PROVIDE FOR THE MANNER OF IMPLEMENTATION.
Rep. ROBINSON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 3359 (Word version) -- Reps. Ott, Hayes, Frye, Knotts, Rhoad, Sharpe and Whatley: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER OR DEER PARTS, SO AS TO PROVIDE THAT UNLESS SPECIFICALLY PROHIBITED BY THIS SECTION, THE SALE OF DEER OR DEER PARTS IS NOT PROHIBITED.
Rep. SHARPE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 3890 (Word version) -- Reps. Townsend, Harrell, Allison, Hayes, Jennings, McCraw, Phillips and Miller: A JOINT RESOLUTION TO AUTHORIZE THE REALLOCATION OF TECHNICAL ASSISTANCE FUNDING UNDER THE EDUCATION ACCOUNTABILITY ACT FOR SPECIFIED ASSISTANCE TO LOW-PERFORMING SCHOOLS AND SCHOOL DISTRICTS, AND TO PROVIDE THE MANNER IN WHICH AND CRITERIA UNDER WHICH THIS SPECIAL ASSISTANCE SHALL BE PROVIDED.
Rep. TOWNSEND explained the Senate Amendments.
Rep. LOFTIS made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following House Resolution was taken up:
H. 3389 (Word version) -- Reps. W. D. Smith, Wilkins, Barrett, Keegan, Klauber, Robinson, Simrill, Tripp, Vaughn, Walker, Coates, Knotts, Sharpe, D. C. Smith, Rodgers, J. Young, Townsend, Kelley, Altman, Sandifer, Quinn, McGee, Fleming, Riser, Harrison, Allison, Bingham, Campsen, Cato, Chellis, Cotty, Dantzler, Delleney, Easterday, Freeman, Gilham, Hamilton, Haskins, Hinson, Law, Leach, Littlejohn, Loftis, Martin, Merrill, Neilson, Scarborough, G. M. Smith, J. R. Smith, Talley, Taylor, Thompson, Trotter, Whatley, White, Witherspoon, A. Young, Perry, Lucas, Owens, Barfield and Lourie: A HOUSE RESOLUTION TO ESTABLISH THE RONALD WILSON REAGAN COMMEMORATIVE COMMITTEE TO SELECT AN ARTIST TO PAINT A PORTRAIT OF THE HONORABLE RONALD WILSON REAGAN, FORTIETH PRESIDENT OF THE UNITED STATES, TO REQUIRE THE COMMITTEE TO PERFORM CERTAIN OTHER FUNCTIONS, INCLUDING THE RAISING OF PRIVATE FUNDING FOR THE PORTRAIT, AND TO PROVIDE THAT THE PORTRAIT SHALL BE PLACED APPROPRIATELY IN THE HALL OF THE HOUSE OF REPRESENTATIVES UPON COMPLETION.
Whereas, Ronald Wilson Reagan, through his efforts as the fortieth President of the United States, created policies that renewed economic growth, brought the free world together to oppose totalitarianism, and restored pride in the United States; and
Whereas, the efforts of President Reagan brought about the beginnings of an economic boom which lasted almost unimpeded through the end of the twentieth century; and
Whereas, President Reagan initiated defense policies that brought the United States victory in the Cold War and freed millions of people from Soviet tyranny; and
Whereas, using his skills of leadership, President Reagan led a national crusade against illegal narcotics, which resulted in a drastic decline in illegal drug use in the United States during his eight years in office; and
Whereas, through his eloquence and eternal optimism, President Reagan renewed the faith of Americans in the United States, its Constitution, its government, and its ability to remain the strongest nation on earth; and
Whereas, President Reagan, through his demeanor and sense of personal responsibility to his nation, brought tremendous pride and honor to the Office of the President; and
Whereas, the accomplishments of President Reagan make him one of the greatest presidents in the history of the nation; and
Whereas, after being diagnosed with Alzheimer's disease, President Reagan faced his illness with grace, bravery, and hope, inspiring millions of Americans who face similar challenges; and
Whereas, because the portraits of several distinguished presidents, including George Washington and Franklin D. Roosevelt, have been placed in locations of great honor within the hall of the South Carolina House of Representatives, it is only appropriate that President Ronald Wilson Reagan, arguably the greatest president of the late twentieth century, be given the same honor. Now, therefore,
Be it resolved by the House of Representatives that:
(A) The Speaker of the House of Representatives shall establish the Ronald Wilson Reagan Commemorative Committee to be composed of six members of the House of Representatives and six private citizens, all of whom the Speaker shall appoint. House members may serve on the committee notwithstanding the provisions of Section 8-13-770 of the 1976 Code of Laws. The commemorative committee is established to commission the Ronald Wilson Reagan portrait, select a portrait artist, locate an appropriate place in the hall of the House of Representatives for the portrait, and host the unveiling ceremony and reception. The committee shall select a chairman from among its legislative members and a secretary and a finance chairman from the private sector members. Committee members are not entitled to receive the subsistence, mileage and per diem otherwise provided by law for members of state boards, committees, and commissions.
(B) The committee is empowered and directed to raise private funds and to receive gifts to carry out the purpose for which it is created. In this regard the committee has the power to create a tax-exempt nonprofit organization, the purpose of which is to receive and disburse funds for the Ronald Wilson Reagan portrait. All contributions to the organization shall be tax deductible.
(C) The committee established pursuant to this resolution must complete its fund raising and tasks within one year of the approval of this resolution. The committee is required to provide the Speaker of the House of Representatives with project updates and funding status reports every three months and to provide a final detailed report upon completion of the project. Upon completion of the project, the committee is dissolved.
The Resolution was adopted.
The following Concurrent Resolution was taken up:
H. 3937 (Word version) -- Reps. Sinclair, Allison, Bales, Battle, Littlejohn, Lourie, Miller, J. M. Neal, Owens, Rivers, Sandifer, J. E. Smith, W. D. Smith, Stille, Walker, Weeks, Wilder and Talley: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES POSTAL SERVICE TO CREATE A REIDVILLE MAILING ADDRESS FOR THOSE RESIDENTS LIVING IN AND NEAR THE TOWN OF REIDVILLE IN SPARTANBURG COUNTY.
Whereas, the Town of Reidville in western Spartanburg County was reincorporated in 1977; and
Whereas, Reidville is in a rapidly growing area of Spartanburg County and is governed by its own mayor and town council; and
Whereas, residents of Reidville who live within the town limits and the immediate outlying areas have mailing addresses reflecting that they live in either the Duncan, Woodruff, Moore, or Greer communities; and
Whereas, Reidville seeks to foster pride in the community and to establish its identity as a separate municipality; and
Whereas, it is the belief of the General Assembly, the Reidville Town Council, and the mayor that it would greatly enhance the town, its residents, and the Town of Reidville's 911 emergency service for its residents to have a Reidville mailing address. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina General Assembly requests the United States Postal Service to create a Reidville mailing address for those residents living in and near the Town of Reidville.
Be it further resolved that a copy of this resolution be forwarded to the United States Postal Service.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3945 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME "SCOTT ROAD" IN THE TOWN OF LAKE VIEW IN DILLON COUNTY "STEPHEN DAVID SCOTT ROAD" TO HONOR MR. STEPHEN DAVID SCOTT, A DISTINGUISHED DILLON COUNTY EDUCATOR, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD CONTAINING THE WORDS "STEPHEN DAVID SCOTT ROAD".
Whereas, Mr. Stephen David Scott was born on June 24, 1909, son of the late Lyn and Rosa McClary Scott in Williamsburg County; and
Whereas, he earned an A. B. degree from Allen University in Columbia, South Carolina, and a Masters degree from Temple University in Philadelphia, Pennsylvania; and
Whereas, Mr. Scott was married to the former Allean Louise Byrd and together they raised two daughters; and
Whereas, he was named principal in the Fall of 1943 of the Lake View Colored School which consisted of eight academic grades. Under his leadership the school grew by adding an academic year almost every year until it became a full high school with twelve academic grades in 1949; and
Whereas, the school was then listed by the State as Lake View Negro High School, and under Mr. Scott's tutelage was renamed Columbus High School in 1952 where he remained principal until the Fall of 1970 when he was appointed assistant superintendent of schools. Today, the campus houses Lake View Elementary and Middle Schools; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to the memory of Mr. Stephen David Scott if Scott Road in the Town of Lake View in Dillon County is renamed Stephen David Scott Road in honor of this distinguished educator. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina request the Department of Transportation rename "Scott Road" in the Town of Lake View in Dillon County "Stephen David Scott Road" to honor Mr. Stephen David Scott, a distinguished Dillon County educator, and to install appropriate markers or signs containing the words "Stephen David Scott Road".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. FLEMING.
Rep. SCOTT moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4087 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. ETHEL MOORE OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER DEVOTION TO HER CHURCH, FAMILY, AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4088 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING MRS. HATTIE LUCILLE GEIGER LA-BORDE OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER EXCEPTIONAL DEVOTION TO HER CHURCH, FAMILY, AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4089 (Word version) -- Reps. Mack, Cobb-Hunter, Fleming, Gourdine, Hayes, M. Hines, Howard, Keegan, Kennedy, Lee, Littlejohn, McLeod, Ott, Parks, Rhoad, Simrill and Talley: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO KEEP D. C. GENERAL HOSPITAL OPEN AS A PUBLIC INSTITUTION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4090 (Word version) -- Reps. Bales, J. H. Neal, Allen, Allison, Altman, Askins, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE MEMORY OF UNITED STATES ARMY LIEUTENANT COLONEL GEORGE D. MARTIN III'S LIFE AND HONOR HIS ACTIONS TAKEN WHILE HE SERVED HIS COUNTRY DUTIFULLY AND COURAGEOUSLY AND EXPRESS DEEPEST SYMPATHY TO THE MEMBERS OF HIS FAMILY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 678 (Word version) -- Senators Jackson and Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE BISHOP THEODORE R. MYERS OF RICHLAND COUNTY ON THE OCCASION OF HIS INSTALLATION AS DIOCESAN BISHOP OF THE BIBLE WAY CHURCHES OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. RISER asked unanimous consent to recall S. 484 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. DAVENPORT objected.
Rep. CAMPSEN moved to adjourn debate upon the following Bill until Thursday, May 10, which was adopted:
H. 3693 (Word version) -- Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach, Robinson, White, Cooper, Simrill, Klauber, Owens, Gilham and Talley: A BILL TO ENACT THE "UNBORN VICTIMS ACT OF 2001" INCLUDING PROVISIONS TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
The SPEAKER granted Rep. CLYBURN a leave of absence for the remainder of the day.
The SPEAKER granted Rep. HAYES a leave of absence for the remainder of the day.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-1115 SO AS TO PROVIDE A PROCEDURE FOR HAND COUNTS IF A VOTING MACHINE MALFUNCTIONS AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH POLICIES AND PROCEDURES FOR LOCAL COMMISSIONS TO FOLLOW WHEN HAND COUNTS ARE CONDUCTED; BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST INCLUDING COSTS INCURRED BY THE STATE OR COUNTY ELECTION COMMISSION TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT; BY ADDING SECTION 7-15-335 SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS; BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 7-5-10, AS AMENDED, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF COUNTY BOARDS OF REGISTRATION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY REGISTRATION BOARD MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO A COMBINED ELECTION AND REGISTRATION COMMISSION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COMBINED COUNTY REGISTRATION BOARD AND ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE THAT IF A SPECIAL ELECTION IS SCHEDULED TO BE HELD NO MORE THAN FIFTEEN DAYS AFTER A GENERAL ELECTION, THE SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO REQUIRE THE WATCHER TO BE A QUALIFIED VOTER OF THE STATE RATHER THAN THE COUNTY WHERE HE IS TO WATCH; TO AMEND SECTION 7-13-1120, RELATING TO THE DISPOSITION OF IMPROPERLY MARKED BALLOTS, SO AS TO PROVIDE THAT IF A HAND COUNT IS CONDUCTED PURSUANT TO THE PROVISIONS OF SECTION 7-13-1115, THE INTENT OF THE VOTER MUST BE CLEAR FROM THE FACE OF THE BALLOT PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1340, AS AMENDED, RELATING TO THE REQUIREMENT OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18366DW01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 7-5-15. (A) All members of boards of registration, county election commissions, and combined county boards of registration and county election commissions must be appointed for terms of four years. A majority minus one of the members must be appointed for terms of two years and the remaining members must be appointed for terms of four years to establish staggered terms. All terms begin on the date of appointment and end on March thirty-one of the year the term ends.
(B) A member of a county board of registration, county election commission, or a combined county board of registration and county election commission may be removed for cause by the Governor upon recommendation of the State Election Commission.
(C) Nothing in this section may be construed to prevent a legislative delegation from recommending to the Governor the removal of a board or commission member pursuant to Section 7-13-70."
SECTION 2. Article 1, Chapter 5, Title 7 of the 1976 Code is amended by adding:
"Section 7-5-25. (A) Failure by a member of a county registration board, a combined county election and registration commission, or a county election commission to complete or make satisfactory progress toward completion of the certification and training requirements of Section 7-5-10, 7-5-35, or 7-13-70, as applicable, and as determined by the State Election Commission, constitutes neglect of duty for which the member must be removed from office by the Governor.
(B) No later than February fifteenth of every even-numbered year, the State Election Commission shall report to the Governor and the respective legislative delegation or other recommending authority the progress of the officials named in subsection (A) of this section toward completion of the training and certification requirements applicable to these officials."
SECTION 3. Chapter 13, Title 7 of the 1976 Code is amended by adding:
Section 7-13-210. (A) For purposes of this article, 'governing body' means the governing body of a municipality, school board, school district, special purpose district, or public service district, which include, but are not limited to, water, sewer, fire, recreation, soil conservation, and other similar district offices.
(B) Notwithstanding any other provision of law or special act providing for the election of the members of a governing body, beginning at the time of the general election of 2002 and every year thereafter as appropriate, members of a governing body must be elected in elections to be conducted on the first Tuesday following the first Monday in May in an even-numbered year, at the same time as the general election, on the first Tuesday following the first Monday in May in an odd-numbered year, or on the first Tuesday following the first Monday in November in an odd-numbered year as follows:
(1) If the term for which a current member of a governing body expires in an even-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article.
(2) If the term for which a current member of a governing body expires in an odd-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article.
Section 7-13-220. If a member of a governing body is currently elected at the time of the general election or on the first Tuesday following the first Monday in November, the provisions of this article control the election of that member.
Section 7-13-230. A member of a governing body currently elected in a nonpartisan election as provided by law shall continue to be elected in that manner except that the date of the nonpartisan election must be at the same time in the appropriate even-numbered or odd-number year as provided in Section 7-3-210(B).
Section 7-13-240. The terms for a member elected to a governing body are as now provided by law for that governing body.
Section 7-13-250. Candidates for these offices, which are filled in nonpartisan elections on the effective date of this article, must be nominated by the method provided by law for the office affected with the appropriate authority conducting the election.
Section 7-13-260. The elections provided for in this article including, but not limited to, all dates and times for the conduct of elections currently provided for in the general election in Title 7 apply to and also must be used for the election conducted on the first Tuesday following the first Monday in May in an even-numbered year, on the first Tuesday following the first Monday in May in an odd-numbered year, and on the first Tuesday following the first Monday in November in an odd-numbered year and must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section. The cost of the election must be borne by the governing body elected at the times specified in this article on a pro rata basis determined by the entity charged by law with conducting the election.
Section 7-13-270. Members of a governing body shall continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that governing body.
Section 7-13-280. Vacancies in these offices must be filled as provided by law.
Section 7-13-290. The results of these elections must be determined in the manner provided by law for that governing body."
SECTION 4. The 1976 Code is amended by adding:
"Section 7-13-1115. (A) Hand counts of election results may only be conducted if the machine used for the original count malfunctions and that malfunction is certified by the State Election Commission. The State Election Commission must also certify that the hand count is necessary. If another machine can be substituted for the malfunctioning machine within forty-eight hours of the discovery of the malfunction, the substituted machine must be used and the necessity of the hand count may not be certified. All hand counts must be conducted at the direction of the State Election Commission.
(B) The State Election Commission is directed to establish policies and procedures for all recounts which must be followed by local election commissions."
SECTION 5. The 1976 Code is amended by adding:
"Section 7-17-75. (A) For purposes of this section:
(1) 'Frivolous' means the basis or factual content of the protest, excluding technical aspects, is of no significance for purposes of stating a claim upon which relief may be granted.
(2) 'Without merit' means without credible evidence that the election law or a candidate's rights in an election have been violated in a manner or to the degree necessary to change the outcome of the election.
(B) If a candidate protests an election on any ground other than the disparity of the number of ballots cast, and if the board hearing the protest determines the protest was frivolous and without merit, the losing candidate who filed the frivolous protest is liable to the winning candidate and to the board hearing the protest for all costs incurred by the winning candidate in connection with the protest, and for all administrative costs incurred by the board in connection with hearing the protest, respectively."
SECTION 6. The 1976 Code is amended by adding:
"Section 7-15-335. Before each election, the county board of registration or a trained and certified designee of the board shall, after prior notification, visit each nursing home or assisted living facility in the county, and offer residents who are qualified the opportunity to apply for an absentee ballot. If the voter needs assistance in completing the application, the board member or designee must provide such assistance and return the completed application to the office of the voter registration board. After determining qualification, the board member or designee must deliver the appropriate absentee ballots to each applicant, provide assistance if necessary and requested, return the voted ballots to the absentee precinct, and deposit the sealed envelope containing the voted ballots in the ballot box provided. All provisions and safeguards established by law regarding absentee voting that are not in conflict with this section are not affected by these provisions."
SECTION 7. The 1976 Code is amended by adding:
"Section 7-15-470. Notwithstanding the provisions of this chapter, a county board of registration may use other methods of voting by absentee ballot instead of by paper ballot. No voting machine or voting system, other than a paper-based system, may be used for in-person absentee voting that has not received written certification from the State Election Commission that the voting machine or voting system meets all statutory requirements for use in the State and certification that the machine can be secured against voting at times other than business hours of the county board of registration, that the results of elections can be held secure from release until the time for counting ballots at any polling place, and votes cast using the machine can be challenged and held secure until the hearing on challenged ballots required by Section 7-13-830 is held. The State Election Commission must develop standards and guidelines for these purposes."
SECTION 8. Section 7-13-190(B) of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"(B) In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close ten days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, sixty days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.
A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the eighteenth Tuesday after the vacancy occurs is no more than sixty days prior to before, or no more than fifteen days after the general election, the special election shall be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day."
SECTION 9. Section 7-13-860 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-860. Each candidate who is not unopposed in a primary and each nonpartisan candidate, including announced write-in candidates in a general or special election, may appoint a watcher for any voting place where his name appears on the ballot. However, in any general or special election, all candidates who are certified by a political party must be jointly represented at each polling place by not more than two watchers from the party for each one thousand registered voters or fraction thereof registered at the polling place. Each watcher appointed hereunder under this section must be a qualified voter in the county where he is to watch State, and must be certified, in writing, to the managers of the voting precinct to which assigned. This certification must be signed by the primary or nonpartisan candidate or, in the case of watchers jointly representing all candidates of a political party, by an appropriate party official. Watchers must, at all times, wear visible identification specifying the candidate or party, as appropriate, which they represent. The identification badge of a poll watcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges may not be a color that has a fluorescent quality. After qualification, watchers must be placed in an area designated by the poll managers where the watchers can observe the entire election process at that polling place. No watcher may conduct himself in a manner that will interfere in the orderly conduct of the election or influence any voter in the casting of his ballot."
SECTION 10. Section 7-13-1120 of the 1976 Code is amended to read:
"Section 7-13-1120. (A) If a voter marks more names than there are persons to be elected or nominated to an office or if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall must not be counted for such the office; but this shall not vitiate the ballot, so far as properly marked. Nothing herein in this section shall may be construed to prevent any voter in a general or special election from voting for any qualified person, other than those whose names are printed on the ballot, by writing in the name of the person opposite the office.
(B) The integrity of the ballot is the voter's responsibility. If a hand count, pursuant to Section 7-13-1115, is conducted the intent of the voter must be clear from the face of the ballot pursuant to policies and procedures established by the State Election Commission."
SECTION 11. Section 7-13-1340 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:
"Section 7-13-1340. No vote recorder or optical scan voting device shall may be adopted or used unless it shall, at the time, satisfy the following requirements:
(a) It shall provide provides facilities for voting for such the candidates as may be nominated and upon such the questions as may be submitted;
(b) It shall permit permits each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation; and, in one operation, to vote for all the candidates of one party or body for presidential electors; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates and the offices of presidential electors;
(c) Except as provided in subsection (b) for presidential electors, it shall permit permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(d) It shall permit permits each elector to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such the person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote;
(e) When when used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and shall preclude the counting of votes for more persons for any office than he is entitled to vote for or for fewer than he is required to vote for, and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;
(f) It shall permit voting in absolute secrecy, so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he has assisted or is assisting in voting, as prescribed by law;
(g) It shall must be constructed of material of good quality, in a neat and workmanlike manner;
(h) It shall, when properly operated, record correctly and accurately every vote cast;
(i) It shall must be so constructed that an elector may readily learn the method of operating it; and
(j) It shall must be safely transportable. and
(k) If if approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1330(C), the voting system must be able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."
SECTION 12. Section 7-15-330 of the 1976 Code, as last amended by Act 193 of 1989, is amended to read:
"Section 7-15-330. To vote by absentee ballot, a qualified elector or a member of his immediate family must request an application to vote by absentee ballot in person, by telephone, or by mail in writing from the county registration board, or at an extension office of the board of registration as established by the county governing body, for the county of the voter's residence. Any form for requesting an application for an absentee ballot that is produced and distributed by a candidate or political party must be approved by the State Election Commission before its use. The commission's written approval and a copy of the form must be on file at the commission's office and available for public inspection. A person requesting an application for a qualified elector as the qualified elector's authorized representative must request an application to vote by absentee ballot in person or by mail in writing only and must himself be a registered voter and must sign an oath to the effect that he fits the statutory definition of a representative. A person who represents himself as an authorized representative for a qualified elector who fraudulently signs the required oath is in violation of Section 7-25-190 and, upon conviction, is subject to the penalties for that offense. This signed oath must be kept on file with the board of registration until the end of the calendar year or until all contests concerning a particular election have been finally determined, whichever is later. A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not allowed to request applications for absentee voting for any person designated in this section unless the person is a member of the immediate family. A request for an application to vote by absentee ballot may be made anytime during the calendar year in which the election in which the qualified elector desires to be permitted to vote by absentee ballot is being held. However, completed applications must be returned to the county registration board in person or by mail before 5:00 p.m. on the fourth day before the day of the election. Applications must be accepted by the county board of registration until 5:00 p.m. on the day immediately preceding the election for those who appear in person and are qualified to vote absentee pursuant to Section 7-15-320. A member of the immediate family of a person who is admitted to a hospital as an emergency patient on the day of an election or within a four-day period before the election may obtain an application from the registration board on the day of an election, complete it, receive the ballot, deliver it personally to the patient who shall vote, and personally carry the ballot back to the board of registration. The board of registration shall serially number each absentee ballot application form and keep a record book in which must be recorded the number of the form, the name, home address, and absentee mailing address of the person for whom the absentee ballot application form is requested; the name, address, voter registration number, and relationship of the person requesting the form, if other than the applicant; the date upon which the form is requested; and the date upon which the form is issued. This information becomes a public record at 9:00 a.m. on the day immediately preceding the election, except that forms issued for emergency hospital patients must be made public by 9:00 a.m. on the day following an election. A person Any voter who violates the provisions of this section is subject to the penalties provided for in Section 7-25-170 7-25-20."
SECTION 13. This act takes effect January 1, 2002. /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. FLEMING continued speaking.
Rep. FLEMING spoke in favor of the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 5 (Doc Name COUNCIL\PT\AMEND\1369DW01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 8-11-53. A state employee who works as a poll manager or poll worker must be allowed to work on election day and be given a day of compensatory leave." /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\AMEND\10207HTC01), which was adopted:
Amend the bill, as and if amended, by striking Section 7-15-335, as contained in SECTION 6 and inserting:
/Section 7-15-335. Before each primary for the general election and the general election, the county board of registration or a trained and certified designee of the board shall, after prior notification, visit each nursing home or assisted living facility in the county, and offer residents who are qualified the opportunity to apply for an absentee ballot. If the voter needs assistance in completing the application, the board member or designee must provide such assistance and return the completed application to the office of the voter registration board. After determining qualification, the board member or designee must deliver the appropriate absentee ballots to each applicant, provide assistance if necessary and requested, return the voted ballots to the absentee precinct, and deposit the sealed envelope containing the voted ballots in the ballot box provided. All provisions and safeguards established by law regarding absentee voting that are not in conflict with this section are not affected by these provisions." /
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. SCOTT and FLEMING proposed the following Amendment No. 9 (Doc Name COUNCIL\PT\AMEND\1440DW01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 7-13-1885. As part of the canvassing and announcement of the results an election required by Section 7-13-1880, the entity charged by law with conducting the election shall report the aggregate number of electors signing the poll list. This number must be included in the report of the entity charged by law with conducting the election to the State Election Commission." /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
Reps. SCOTT and FLEMING proposed the following Amendment No. 10 (Doc Name COUNCIL\PT\AMEND\1438DW01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 7-13-110 of the 1976 Code, as last amended by Act 337 of 2000, is further amended to read:
"Section 7-13-110. All managers of election for the various polling places in the State must be residents and registered electors of the respective counties in which they are appointed to work or in an adjoining county. Any A person at least sixteen years of age who has completed the training required by Section 7-13-72 and who is not otherwise disqualified by law may be appointed as a poll manager's assistant by the appropriate county election commission. Sixteen and seventeen-year-olds A sixteen or seventeen-year-old appointed as a poll manager's assistants assistant may not serve as chairman of the managers or clerk in the polling place to which they are appointed. They Sixteen and seventeen-year-olds must serve under supervision of the chairman of the managers of the polling place, and their specific duties must be prescribed by the county election commission. No polling place in this State may employ more than one One sixteen or seventeen-year-old assistant poll manager may be appointed for every two regular poll workers appointed to work in a precinct." /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
The amendment was then adopted.
Rep. FLEMING proposed the following Amendment No. 11 (Doc Name COUNCIL\SKB\AMEND\18365DW01):
Amend the report of the committee on judiciary, as and if amended, by striking Section 7-13-210 as contained in SECTION 3 and inserting:
/ "Section 7-13-210. (A) For purposes of this article, 'governing body' means the governing body of a municipality, school board, school district, special purpose district, or public service district, which include, but are not limited to, water, sewer, fire, recreation, soil conservation, and other similar district offices.
(B) Notwithstanding any other provision of law or special act providing for the election of the members of a governing body, beginning at the time of the general election of 2002 and every year thereafter as appropriate, members of a governing body must be elected in elections to be conducted at the same time as the general election or on the first Tuesday following the first Monday in November in an odd-numbered year as follows:
(1) If the term for which a current member of a governing body expires in an even-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article at the general election.
(2) If the term for which a current member of a governing body expires in an odd-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article on the first Tuesday following the first Monday in November." /
Amend further, by striking Section 7-13-260 as contained in SECTION 3 and inserting:
/ "Section 7-13-260. The elections provided for in this article including, but not limited to, all dates and times for the conduct of elections currently provided for in the general election in Title 7 apply to and also must be used for the election conducted on the first Tuesday following the first Monday in November in an odd-numbered year and must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section. The cost of the election must be borne by the governing body elected at the times specified in this article on a pro rata basis determined by the entity charged by law with conducting the election." /
Amend further, SECTION 3, by adding a new section at the end to read:
/ "Section 7-13-300. A referendum on the question of raising the bonded indebtedness limit of a governing body, including a county and any other referendum, must be held either at the time of the general election or on the first Tuesday following the first Monday in November of an odd-numbered year." /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. MCLEOD spoke against the amendment.
Rep. MCLEOD spoke against the amendment.
Rep. SIMRILL spoke in favor of the amendment.
Rep. MILLER spoke against the amendment.
Rep. GOVAN spoke against the amendment.
Rep. FLEMING spoke in favor of the amendment.
Rep. MILLER moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Battle Bingham Breeland Brown, G. Brown, J. Carnell Cobb-Hunter Coleman Emory Freeman Gourdine Govan Hines, J. Hines, M. Kennedy Lloyd Lourie Lucas Mack McLeod Miller Neal, J.H. Neal, J.M. Ott Parks Rivers Rutherford Scott Sheheen Sinclair Smith, F.N. Smith, G.M. Smith, J.E. Snow Stuart Talley Weeks Wilder
Those who voted in the negative are:
Altman Bales Barfield Barrett Bowers Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Phillips Quinn Rice Robinson Rodgers Sandifer Scarborough Sharpe Simrill Smith, D.C. Smith, J.R. Stille Taylor Thompson Townsend Tripp Trotter Walker Webb Whatley White Wilkins Young, A. Young, J.
So, the House refused to table the amendment.
Rep. GOVAN moved to reconsider the vote whereby H. 3389 was adopted and the motion was noted.
Rep. BINGHAM spoke against the amendment.
Rep. SIMRILL spoke in favor of the amendment.
Rep. KLAUBER spoke in favor of the amendment.
Rep. STUART moved to divide the question.
Rep. FLEMING raised the Point of Order that the motion to divide the question was out of order under Rule 8.10 in that the amendment as divided could not stand alone.
SPEAKER WILKINS overruled the Point of Order.
Rep. A. YOUNG moved to table the motion.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bales Barfield Barrett Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Martin McCraw Meacham-Richardson Merrill Owens Perry Quinn Rice Robinson Rodgers Sandifer Scarborough Sharpe Simrill Smith, D.C. Smith, J.R. Smith, W.D. Snow Stille Taylor Thompson Townsend Tripp Trotter Walker Webb Whatley White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Askins Battle Bingham Bowers Breeland Brown, G. Brown, J. Cobb-Hunter Coleman Emory Freeman Gourdine Govan Hines, J. Hines, M. Huggins Kennedy Lloyd Lourie Lucas Mack McGee McLeod Miller Neal, J.H. Neal, J.M. Ott Parks Phillips Rivers Rutherford Scott Sheheen Sinclair Smith, F.N. Smith, G.M. Smith, J.E. Stuart Talley Weeks Whipper Wilder
So, the motion to divide the question was tabled.
Rep. OTT spoke against the amendment.
Rep. HARRISON moved that the House recede until 2:30 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 11.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received:
Columbia, S.C., May 9, 2001
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:30 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 11:
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-1115 SO AS TO PROVIDE A PROCEDURE FOR HAND COUNTS IF A VOTING MACHINE MALFUNCTIONS AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH POLICIES AND PROCEDURES FOR LOCAL COMMISSIONS TO FOLLOW WHEN HAND COUNTS ARE CONDUCTED; BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST INCLUDING COSTS INCURRED BY THE STATE OR COUNTY ELECTION COMMISSION TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT; BY ADDING SECTION 7-15-335 SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS; BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 7-5-10, AS AMENDED, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF COUNTY BOARDS OF REGISTRATION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY REGISTRATION BOARD MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO A COMBINED ELECTION AND REGISTRATION COMMISSION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COMBINED COUNTY REGISTRATION BOARD AND ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE THAT IF A SPECIAL ELECTION IS SCHEDULED TO BE HELD NO MORE THAN FIFTEEN DAYS AFTER A GENERAL ELECTION, THE SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO REQUIRE THE WATCHER TO BE A QUALIFIED VOTER OF THE STATE RATHER THAN THE COUNTY WHERE HE IS TO WATCH; TO AMEND SECTION 7-13-1120, RELATING TO THE DISPOSITION OF IMPROPERLY MARKED BALLOTS, SO AS TO PROVIDE THAT IF A HAND COUNT IS CONDUCTED PURSUANT TO THE PROVISIONS OF SECTION 7-13-1115, THE INTENT OF THE VOTER MUST BE CLEAR FROM THE FACE OF THE BALLOT PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1340, AS AMENDED, RELATING TO THE REQUIREMENT OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE.
Rep. FLEMING proposed the following Amendment No. 11 (Doc Name COUNCIL\SKB\AMEND\18365DW01), which was adopted:
Amend the report of the committee on judiciary, as and if amended, by striking Section 7-13-210 as contained in SECTION 3 and inserting:
/ "Section 7-13-210. (A) For purposes of this article, 'governing body' means the governing body of a municipality, school board, school district, special purpose district, or public service district, which include, but are not limited to, water, sewer, fire, recreation, soil conservation, and other similar district offices.
(B) Notwithstanding any other provision of law or special act providing for the election of the members of a governing body, beginning at the time of the general election of 2002 and every year thereafter as appropriate, members of a governing body must be elected in elections to be conducted at the same time as the general election or on the first Tuesday following the first Monday in November in an odd-numbered year as follows:
(1) If the term for which a current member of a governing body expires in an even-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article at the general election.
(2) If the term for which a current member of a governing body expires in an odd-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article on the first Tuesday following the first Monday in November." /
Amend further, by striking Section 7-13-260 as contained in SECTION 3 and inserting:
/ "Section 7-13-260. The elections provided for in this article including, but not limited to, all dates and times for the conduct of elections currently provided for in the general election in Title 7 apply to and also must be used for the election conducted on the first Tuesday following the first Monday in November in an odd-numbered year and must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section. The cost of the election must be borne by the governing body elected at the times specified in this article on a pro rata basis determined by the entity charged by law with conducting the election." /
Amend further, SECTION 3, by adding a new section at the end to read:
/ "Section 7-13-300. A referendum on the question of raising the bonded indebtedness limit of a governing body, including a county and any other referendum, must be held either at the time of the general election or on the first Tuesday following the first Monday in November of an odd-numbered year." /
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER spoke against the amendment.
Rep. JENNINGS moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bingham Bowers Breeland Brown, G. Carnell Cobb-Hunter Coleman Emory Freeman Gourdine Govan Hines, J. Hines, M. Huggins Jennings Knotts Lloyd Lourie Lucas Mack McLeod Miller Neal, J.H. Neal, J.M. Ott Rivers Scott Sheheen Sinclair Smith, G.M. Snow Stuart Talley Thompson Whatley Whipper Wilder
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Fleming Frye Gilham Harrison Hinson Keegan Kelley Kirsh Klauber Koon Leach Limehouse Littlejohn Loftis Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Phillips Rice Riser Robinson Rodgers Sandifer Scarborough Simrill Smith, D.C. Smith, J.R. Smith, W.D. Townsend Trotter Vaughn Walker Webb White Wilkins Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bales Barfield Barrett Bowers Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrison Haskins Hinson Keegan Kirsh Klauber Knotts Koon Leach Littlejohn Loftis Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Smith, J.R. Smith, W.D. Townsend Trotter Vaughn Webb Whatley White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Battle Bingham Breeland Brown, G. Carnell Cobb-Hunter Coleman Emory Freeman Gourdine Govan Hines, J. Hines, M. Huggins Jennings Lloyd Lourie Lucas Mack McLeod Miller Neal, J.H. Neal, J.M. Ott Sheheen Sinclair Smith, D.C. Smith, G.M. Snow Stuart Talley Thompson Weeks Wilder
So, the amendment was adopted.
Rep. CARNELL proposed the following Amendment No. 12 (Doc Name COUNCIL\SKB\AMEND\18396SOM01), which was tabled:
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/ SECTION ___. Section 7-13-45 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-75. In every general election year, the county chairman shall:
(1) designate a specified place other than a private residence where persons may file a statement of intention of candidacy;
(2) designate a specified place other than a private residence where persons may file as candidates;
(3) establish regular hours of not less than four hours a day during the final seventy-two hours of the filing period in which he or some person he designates must be present at the designated place to accept filings; provided, if either the chairman of the county political party or the person designated to accept candidacy filings files as a candidate for election, either of them must file his statement of intention of candidacy with the chairman of the county election commission;
(4) place an advertisement to appear two weeks before the filing period begins in a newspaper of general circulation in the county at least five by seven inches in size that notifies the public of the dates of the filing periods, the offices which may be filed for, the place and street address where filings may be made, and the hours that an authorized person will be present to receive filings." /
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. FLEMING moved to table the amendment, which was agreed to by a division vote of 42 to 23.
Rep. SIMRILL proposed the following Amendment No. 13 (Doc Name COUNCIL\PT\AMEND\1503DW01), which was adopted:
Amend the bill, as and if amended, by striking Section 7-5-15(A) as contained in SECTION 1 and inserting:
/ (A) All members of boards of registration, county election commissions, and combined county boards of registration and county election commissions must be appointed for terms of two years. All terms begin on the date of appointment and end on March thirty-one of the year the term ends. /
Amend title to conform.
Rep. SIMRILL explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SCOTT moved to table the amendment, which was rejected by a division vote of 39 to 47.
Rep. FLEMING spoke against the amendment.
Rep. SIMRILL spoke in favor of the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 39 to 26.
Rep. COBB-HUNTER proposed the following Amendment No. 16 (Doc Name COUNCIL\PT\AMEND\1507DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. The 1976 Code is amended by adding:
"Section 7-15-315. (A) Any qualified voter may vote early in statewide general elections and in their nominating primaries by personal appearance. To be entitled to vote early, a person must make an application in person at the county board of registration, or at an extension office of the board of registration as established by the county governing body, at the time when the applicant desires to vote. The office of the county board of registration and its extension office, if applicable, are also the early voting precincts for the county. No other early voting precinct may be allowed.
(B) An application must be in writing in the form prescribed by the State Election Commission and signed and attested to by the applicant. The applicant must produce the identification required by Section 7-13-710. The application must include the person's name and address at which he is registered to vote.
(C) The period for early voting by personal appearance begins on the fourteenth day before election day and continues through 5:00 p.m. on the day immediately preceding the election day. For a runoff election, the period begins on the seventh day before the election. If the date prescribed for beginning the period is a Sunday or a legal state holiday, the period begins on the next regular business day. If, because of the date for which an election is ordered, it is not possible to begin early voting by personal appearance on the prescribed date, the early voting period shall begin on the earliest date practicable after the prescribed date as set by the authority ordering the election.
(D) Early voting by personal appearance must be conducted on the weekdays of the early voting period and during the hours that the county board of registration is regularly open for business and on the last two Saturdays before the statewide election day or their nominating primaries between the hours of 9:00 a.m. through 5:00 p.m. The clerk of the county board of registration shall follow the procedure for accepting an absentee ballot under this chapter with the modifications necessary for the conduct of early voting.
(E) Notice of the time and place for early voting must be published in a newspaper of general circulation in the county as part of the public notice required in Section 7-13-35.
(F) The State Election Commission shall promulgate regulations for the conduct of early voting."
B. Section 7-15-320 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-15-320. A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person except that physically disabled persons, certified poll watchers, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day, a person admitted to a hospital as an emergency patient on the day of an election or within a four-day period before an election, and persons whose employment obligations required that they be at their place of employment during the hours that the polls are open and present written certification of that obligation to the county registration board, and persons confined to a jail or pre-trial facility pending disposition of arrest or trial, and persons who desire to vote early by personal appearance in statewide general elections and their nominating primaries pursuant to the provisions of Section 7-15-315 may vote by absentee ballot whether or not absent from their county of residence:
(1) students, their spouses, and dependents residing with them;
(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;
(3) persons serving with the American Red Cross or with the United Service Organizations (USO) who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;
(4) persons in employment;
(5) physically disabled persons;
(6) governmental employees, their spouses, and dependents residing with them;
(7) electors with a death or funeral in the family within a three-day period before the election;
(8) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);
(9) certified poll watchers, poll managers, county voter registration board members and staff, county election commission members and staff working on election day;
(10) overseas citizens;
(11) persons attending sick or physically disabled persons;
(12) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;
(13) persons who will be serving as jurors in a state or federal court on election day;
(14) persons sixty-five years of age or older;
(15) persons confined to a jail or pre-trial facility pending disposition of arrest or trial.;
(16) persons desiring to vote early by personal appearance in statewide general elections and their nominating primaries pursuant to the provisions of Section 7-15-315." /
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
The SPEAKER granted Rep. PARKS a leave of absence for the remainder of the day to attend a S.C. Morticians Association meeting to receive an award.
Rep. JENNINGS spoke in favor of the amendment.
Rep. J. YOUNG moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Lucas McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Talley Thompson Trotter Walker Webb White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Carnell Cobb-Hunter Coleman Emory Freeman Govan Hines, J. Hines, M. Howard Jennings Lloyd Lourie Mack McCraw McLeod Miller Neal, J.M. Ott Phillips Rivers Rodgers Rutherford Scott Sheheen Smith, F.N. Snow Taylor Weeks Whatley Whipper
So, the amendment was tabled.
Reps. ROBINSON and W.D. SMITH proposed the following Amendment No. 18 (Doc Name COUNCIL\PT\AMEND\1509DW01), which was ruled out of order:
Amend the bill, as and if amended, by striking an unnumbered SECTION by adding Section 8-11-53 to the 1976 Code, sponsored by Representative SCOTT (Doc. No. House Desk\Council\PT\Amend\ 1369DW01, dated April 4, 2001):
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 8-13-1370(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(C) A committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:
(1) contributed to the state's general fund;
(2) returned pro rata to all contributors;
(3) contributed to a political party or to another committee; (Reserved)
(4) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986; or
(5) distributed using a combination of these options." /
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. ROBINSON continued speaking.
Rep. W. D. SMITH spoke in favor of the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 18 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. LOFTIS proposed the following Amendment No. 19 (Doc Name COUNCIL\PT\AMEND\1511DW01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 7-13-310. A referendum on the question of raising the millage limit of a governing body must be held either at the time of the general election or on the first Tuesday following the first Monday in November of an odd-numbered year." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS explained the amendment.
Rep. MILLER moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Breeland Coates Emory Freeman Hines, M. Jennings Lloyd Lourie Lucas Mack McGee McLeod Miller Neal, J.H. Neal, J.M. Ott Rivers Rutherford Scott Sheheen Sinclair Smith, F.N. Smith, J.E. Snow Talley Thompson Weeks Whipper Wilder
Those who voted in the negative are:
Allison Bales Barfield Barrett Battle Bowers Brown, G. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrison Hinson Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis McCraw Meacham-Richardson Merrill Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Simrill Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Taylor Trotter Vaughn Walker Webb Whatley White Wilkins Young, J.
So, the House refused to table the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. W. D. SMITH spoke in favor of the amendment.
Rep. VAUGHN spoke in favor of the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. BINGHAM and KNOTTS proposed the following Amendment No. 21 (Doc Name COUNCIL\PT\AMEND\1514DW01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 13 and inserting:
/ SECTION 13. This act takes effect January 1, 2003. /
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 23 (Doc Name COUNCIL\PT\AMEND\1507DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. The 1976 Code is amended by adding:
"Section 7-15-315. (A) Any qualified voter may vote early in statewide general elections and in their nominating primaries by personal appearance. To be entitled to vote early, a person must make an application in person at the county board of registration, or at an extension office of the board of registration as established by the county governing body, at the time when the applicant desires to vote. The office of the county board of registration and its extension office, if applicable, are also the early voting precincts for the county. No other early voting precinct may be allowed.
(B) An application must be in writing in the form prescribed by the State Election Commission and signed and attested to by the applicant. The applicant must produce the identification required by Section 7-13-710. The application must include the person's name and address at which he is registered to vote.
(C) The period for early voting by personal appearance begins on the fourteenth day before election day and continues through 5:00 p.m. on the day immediately preceding the election day. For a runoff election, the period begins on the seventh day before the election. If the date prescribed for beginning the period is a Sunday or a legal state holiday, the period begins on the next regular business day. If, because of the date for which an election is ordered, it is not possible to begin early voting by personal appearance on the prescribed date, the early voting period shall begin on the earliest date practicable after the prescribed date as set by the authority ordering the election.
(D) Early voting by personal appearance must be conducted on the weekdays of the early voting period and during the hours that the county board of registration is regularly open for business and on the last two Saturdays before the statewide election day or their nominating primaries between the hours of 9:00 a.m. through 5:00 p.m. The clerk of the county board of registration shall follow the procedure for accepting an absentee ballot under this chapter with the modifications necessary for the conduct of early voting.
(E) Notice of the time and place for early voting must be published in a newspaper of general circulation in the county as part of the public notice required in Section 7-13-35.
(F) The State Election Commission shall promulgate regulations for the conduct of early voting."
B. Section 7-15-320 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-15-320. A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person except that physically disabled persons, certified poll watchers, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day, a person admitted to a hospital as an emergency patient on the day of an election or within a four-day period before an election, and persons whose employment obligations required that they be at their place of employment during the hours that the polls are open and present written certification of that obligation to the county registration board, and persons confined to a jail or pre-trial facility pending disposition of arrest or trial, and persons who desire to vote early by personal appearance in statewide general elections and their nominating primaries pursuant to the provisions of Section 7-15-315 may vote by absentee ballot whether or not absent from their county of residence:
(1) students, their spouses, and dependents residing with them;
(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;
(3) persons serving with the American Red Cross or with the United Service Organizations (USO) who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;
(4) persons in employment;
(5) physically disabled persons;
(6) governmental employees, their spouses, and dependents residing with them;
(7) electors with a death or funeral in the family within a three-day period before the election;
(8) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);
(9) certified poll watchers, poll managers, county voter registration board members and staff, county election commission members and staff working on election day;
(10) overseas citizens;
(11) persons attending sick or physically disabled persons;
(12) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;
(13) persons who will be serving as jurors in a state or federal court on election day;
(14) persons sixty-five years of age or older;
(15) persons desiring to vote early by personal appearance in statewide general elections and their nominating primaries pursuant to the provisions of Section 7-15-315." /
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. RODGERS spoke in favor of the amendment.
Rep. J. YOUNG moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cooper Cotty Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Sandifer Scarborough Sharpe Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Whatley White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Bowers Breeland Brown, G. Brown, J. Carnell Cobb-Hunter Coleman Emory Freeman Govan Harvin Hines, J. Hines, M. Howard Lloyd Lourie Mack McCraw McLeod Miller Neal, J.H. Neal, J.M. Ott Phillips Rivers Rodgers Rutherford Scott Sheheen Smith, J.E. Snow Weeks Whipper Wilder
So, the amendment was tabled.
Rep. ROBINSON proposed the following Amendment No. 17 (Doc Name COUNCIL\PT\AMEND\1508DW01), which was adopted:
Amend the bill, as and if amended, by striking an unnumbered SECTION adding Section 8-11-53 to the 1976 Code, sponsored by Representative SCOTT (Doc. No. House Desk\Council\PT\Amend\ 1369DW01 dated April 4, 2001):
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SANDIFER spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bowers Breeland Brown, G. Brown, J. Cobb-Hunter Fleming Harvin Hines, J. Lloyd Mack McLeod Miller Neal, J.H. Rivers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Weeks
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Bingham Campsen Carnell Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Freeman Frye Gilham Hamilton Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Lourie Lucas McCraw McGee Meacham-Richardson Merrill Perry Phillips Rice Riser Robinson Rodgers Sandifer Scarborough Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Young, A.
So, the House refused to table the amendment.
Rep. SCOTT spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Carnell Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Freeman Frye Gilham Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Bowers Breeland Brown, G. Brown, J. Cobb-Hunter Emory Fleming Govan Harvin Hines, J. Howard Lloyd Lourie Mack McLeod Miller Neal, J.H. Neal, J.M. Ott Phillips Rivers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Weeks
So, the amendment was adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Brown, J. Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Freeman Frye Gilham Govan Hamilton Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Ott Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Scarborough Scott Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Whatley White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Breeland Brown, G. Carnell Cobb-Hunter Emory Harvin Hines, J. Howard Lloyd Mack McLeod Miller Neal, J.H. Neal, J.M. Rivers Weeks Wilder
So, the Bill, as amended, was read the second time and ordered to third reading.
The motion of Rep. GOVAN to reconsider the vote whereby the following House Resolution was adopted was taken up:
H. 3389 (Word version) -- Reps. W. D. Smith, Wilkins, Barrett, Keegan, Klauber, Robinson, Simrill, Tripp, Vaughn, Walker, Coates, Knotts, Sharpe, D. C. Smith, Rodgers, J. Young, Townsend, Kelley, Altman, Sandifer, Quinn, McGee, Fleming, Riser, Harrison, Allison, Bingham, Campsen, Cato, Chellis, Cotty, Dantzler, Delleney, Easterday, Freeman, Gilham, Hamilton, Haskins, Hinson, Law, Leach, Littlejohn, Loftis, Martin, Merrill, Neilson, Scarborough, G. M. Smith, J. R. Smith, Talley, Taylor, Thompson, Trotter, Whatley, White, Witherspoon, A. Young, Perry, Lucas, Owens, Barfield and Lourie: A HOUSE RESOLUTION TO ESTABLISH THE RONALD WILSON REAGAN COMMEMORATIVE COMMITTEE TO SELECT AN ARTIST TO PAINT A PORTRAIT OF THE HONORABLE RONALD WILSON REAGAN, FORTIETH PRESIDENT OF THE UNITED STATES, TO REQUIRE THE COMMITTEE TO PERFORM CERTAIN OTHER FUNCTIONS, INCLUDING THE RAISING OF PRIVATE FUNDING FOR THE PORTRAIT, AND TO PROVIDE THAT THE PORTRAIT SHALL BE PLACED APPROPRIATELY IN THE HALL OF THE HOUSE OF REPRESENTATIVES UPON COMPLETION.
Rep. GOVAN spoke in favor of the motion to reconsider.
Rep. RUTHERFORD spoke in favor of the motion to reconsider.
Rep. FLEMING moved to table the motion to reconsider.
Rep. A. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Battle Bingham Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gilham Hamilton Harrison Harvin Haskins Hinson Huggins Keegan Kelley Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stuart Talley Thompson Townsend Trotter Vaughn Walker Webb Whatley White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allen Bowers Breeland Carnell Cobb-Hunter Coleman Freeman Hines, J. Howard Kirsh Lloyd Mack Miller Neal, J.H. Rivers Rutherford Sheheen Smith, F.N. Smith, J.E. Weeks Wilder
So, the motion to reconsider was tabled.
The following Bill was taken up:
H. 3681 (Word version) -- Reps. Kelley, Robinson, Keegan, Cooper and White: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO- AND FOUR-YEAR STATE SUPPORTED INSTITUTIONS OF HIGHER EDUCATION, AND TECHNICAL COLLEGES; AND TO REPEAL, EFFECTIVE JULY 1, 2002, THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
Rep. KELLEY moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
Rep. W. D. SMITH moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 4:30 p.m. the House attended in the Senate Chamber, where the following Act was duly ratified:
(R40, H. 3850 (Word version)) -- Reps. Carnell, Sheheen, Rhoad, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young, J. Young, Allen, Askins, Coates and Loftis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.
Rep. KNOTTS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4068 (Word version) -- Reps. Lourie and J. E. Smith: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WILLIAM RIPLEY "BILL" BALLOU, SR., OF COLUMBIA AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4070 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND ANNA J. AMOS FOR HER MANY YEARS OF DEDICATED SERVICE TO THIS STATE THROUGH HER WORK IN PUBLIC SAFETY AND LAW ENFORCEMENT AND TO CONGRATULATE HER ON BEING PROMOTED TO COLONEL OF THE SOUTH CAROLINA STATE TRANSPORT POLICE.
H. 4074 (Word version) -- Reps. J. Brown and J. H. Neal: A CONCURRENT RESOLUTION TO CONGRATULATE BISHOP THEODORE R. MYERS OF RICHLAND COUNTY UPON THE OCCASION OF HIS INSTALLATION AS DIOCESAN BISHOP OF THE BIBLE WAY CHURCHES OF SOUTH CAROLINA ON FRIDAY, MAY 11, 2001.
H. 4076 (Word version) -- Reps. Rutherford, J. Brown, J. H. Neal, Scott, Howard, Bales, Lourie, J. E. Smith, Harrison, Cotty and Quinn: A CONCURRENT RESOLUTION TO COMMEND MRS. TRACI YOUNG COOPER OF RICHLAND COUNTY FOR HER COMMITMENT TO PROVIDING QUALITY EDUCATION TO THE CHILDREN OF SOUTH CAROLINA AND TO CONGRATULATE HER ON BEING NAMED THE 2002 SOUTH CAROLINA TEACHER OF THE YEAR.
H. 4077 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION RECOGNIZING MRS. DOROTHY C. WILSON OF RICHLAND COUNTY FOR THIRTY-THREE YEARS OF DEDICATED SERVICE IN THE FIELD OF PUBLIC EDUCATION UPON HER RETIREMENT.
H. 4079 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS AND PASTOR OF FAITH CATHEDRAL UPON LEARNING OF THE CHURCH'S DEDICATORY SERVICE HELD ON SUNDAY, APRIL 29, 2001.
H. 4080 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF BRUCE UPDIKE OF TEGA CAY, ONE OF YORK COUNTY'S AND TEGA CAY'S MOST RESPECTED COMMUNITY LEADERS, UPON HIS DEATH.
H. 4087 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. ETHEL MOORE OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER DEVOTION TO HER CHURCH, FAMILY, AND MANY FRIENDS.
H. 4088 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING MRS. HATTIE LUCILLE GEIGER LA-BORDE OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER EXCEPTIONAL DEVOTION TO HER CHURCH, FAMILY, AND MANY FRIENDS.
H. 4090 (Word version) -- Reps. Bales, J. H. Neal, Allen, Allison, Altman, Askins, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE MEMORY OF UNITED STATES ARMY LIEUTENANT COLONEL GEORGE D. MARTIN III'S LIFE AND HONOR HIS ACTIONS TAKEN WHILE HE SERVED HIS COUNTRY DUTIFULLY AND COURAGEOUSLY AND EXPRESS DEEPEST SYMPATHY TO THE MEMBERS OF HIS FAMILY.
At 4:50 p.m. the House, in accordance with the motion of Rep. OWENS, adjourned in memory of infant Harley Hall of Dorchester, to meet at 10:00 a.m. tomorrow.
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