text:
Journal of the House of Representatives
(Statewide Session)
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. BINGHAM as follows:
Lord, keep our trust strong and steadfast in You, never becoming overly anxious about tomorrow for we have been taught that "worry is interest paid before it is due." Keep us busy with things that matter most: that success is measured not by what we accumulate, but by goals we set for ourselves; not by how much we have gained, but by how much we have given; not by how far we have traveled, but by what route we have taken. Make of our lives windows through which shines the precepts of Your teachings and mirrors to reflect our gratitude for Your blessings. Hear us as we pray in praise and 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.
MOTION ADOPTED
Rep. LUCAS moved that when the House adjourns, it adjourn in memory of Polly Raley of Jefferson, which was agreed to.
REPORTS OF STANDING COMMITTEES
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3093 (Word version) -- Reps. Campsen, Harrison, Altman, Simrill and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3929 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 421 IN AIKEN COUNTY BETWEEN LEE DRIVE AND DIXIE CLAY ROAD AS THE KOREAN WAR VETERANS MEMORIAL HIGHWAY IN ORDER TO HONOR SOUTH CAROLINA'S KOREAN WAR VETERANS.
S. 424 (Word version) -- Senators Branton and Ravenel: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG THE EAST AND WESTBOUND LANES OF INTERSTATE HIGHWAY 26 BETWEEN MILE MARKER 199 IN BERKELEY COUNTY AND ITS TERMINAL INTERCHANGE WITH UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THAT READS "NO TRUCKS 3 AXLES OR MORE LEFT LANE EXCEPT TO PASS".
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3657 (Word version) -- Reps. Cato, Robinson, Bingham, G. Brown, Campsen, Edge, Harrison, Jennings, Kelley, Kirsh, Lourie, Miller, Quinn, Rhoad, Rodgers, J. E. Smith, Tripp, Weeks, Whipper and White: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO DELETE GIFT CERTIFICATES FROM THE DEFINITION OF "INTANGIBLE PROPERTY"; TO AMEND SECTION 27-18-150, RELATING TO GIFT CERTIFICATES AND CREDIT MEMOS BEING PRESUMED ABANDONED WHEN NOT CLAIMED WITHIN FIVE YEARS, SO AS TO REMOVE GIFT CERTIFICATES FROM THIS PRESUMPTION OF BEING ABANDONED; AND TO ADD SECTION 27-18-175 SO AS TO PROVIDE THAT THE UNIFORM UNCLAIMED PROPERTY ACT DOES NOT APPLY TO FORFEITED RESERVATION DEPOSITS.
H. 3800 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2527 SO AS TO REQUIRE A WRECKER OR VEHICLE TOWING SERVICE AS A CONDITION OF REMAINING ON A LAW ENFORCEMENT AGENCY CALL ROTATION LIST TO ACCEPT FULL PAYMENT BY MEANS OF A VALID CREDIT CARD ISSUED BY THE TWO LARGEST NATIONALLY FRANCHISED CREDIT CARD COMPANIES AND TO PROVIDE FOR THE ENFORCEMENT OF THIS REQUIREMENT.
H. 3560 (Word version) -- Rep. Edge: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.
Referred to Committee on Judiciary
H. 3947 (Word version) -- Reps. Campsen, Loftis, Cotty, Limehouse, Lourie, Altman, Cato, Chellis, Easterday, Hamilton, Harrell, Leach, Lucas, Ott, Rice, Robinson, Scarborough, D. C. Smith, Stille and Tripp: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 2 SO AS TO CREATE THE SOUTH CAROLINA COLLEGE INVESTMENT ACCOUNT (SCCIA) PROGRAM TO ESTABLISH A COLLEGE INVESTMENT PLAN FOR QUALIFIED HIGHER EDUCATIONAL EXPENSES; TO PROVIDE THAT THE OFFICE OF STATE TREASURER SHALL MANAGE THE SCCIA PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THE PROGRAM SHALL OPERATE; TO PROVIDE FOR AND DEFINE SAVINGS TRUST AGREEMENTS; AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Ways and Means
H. 3948 (Word version) -- Reps. Campsen, Loftis, Cotty, Tripp, Limehouse, Lourie, Altman, Cato, Chellis, Easterday, Hamilton, Harrell, Leach, Lucas, Ott, Rice, Robinson, Scarborough, D. C. Smith, Stille and Townsend: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 2 SO AS TO CREATE THE SOUTH CAROLINA COLLEGE INVESTMENT ACCOUNT (SCCIA) PROGRAM TO ESTABLISH A COLLEGE INVESTMENT PLAN FOR QUALIFIED HIGHER EDUCATIONAL EXPENSES; TO PROVIDE THAT THE OFFICE OF STATE TREASURER SHALL MANAGE THE SCCIA PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THE PROGRAM SHALL OPERATE; TO PROVIDE FOR AND DEFINE SAVINGS TRUST AGREEMENTS; TO PROVIDE THAT CONTRIBUTIONS TO A SAVINGS TRUST AGREEMENT ARE DEDUCTIBLE FROM SOUTH CAROLINA INCOME SUBJECT TO TAX UP TO SPECIFIED LIMITS; AND PROVIDE FOR RELATED MATTERS.
H. 3949 (Word version) -- Reps. McGee and Coates: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT REQUESTS MUST BE ANSWERED WITHIN THREE DAYS OF RECEIPT RATHER THAN FIFTEEN DAYS, TO PROVIDE THAT THE FAILURE TO RESPOND BARS THE ASSERTION OF ANY CLAIM OF EXEMPTION FROM DISCLOSURE, AND TO PROVIDE FOR FURTHER CONDITIONS, REQUIREMENTS, PROCEDURES, AND REMEDIES IN REGARD TO PROVIDING COPIES OF THESE RECORDS.
H. 3950 (Word version) -- Reps. Kelley, Edge, Lourie, Ott, Sandifer, Sinclair, Snow, Walker and Witherspoon: A BILL TO AMEND SECTION 16-23-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OFFENSE OF MAKING A BOMB THREAT, SO AS TO PROVIDE A DRIVER'S LICENSE SUSPENSION OF TWO YEARS FOR A PERSON UNDER THE AGE OF TWENTY-ONE YEARS CONVICTED OF OR ADJUDICATED DELINQUENT OF THIS OFFENSE IF THE THREAT WAS MADE AGAINST A SCHOOL OR SCHOOL-SPONSORED EVENT.
H. 3951 (Word version) -- Reps. McGee and Coates: A BILL TO AMEND SECTION 4-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMENCEMENT OF TERMS OF OFFICE OF COUNTY OFFICERS, SO AS TO PROVIDE THE TERM OF A COUNTY TREASURER APPOINTED TO FILL THE VACANCY IN AN UNEXPIRED TERM IS SET PURSUANT TO SECTION 12-45-20; AND TO AMEND SECTION 12-45-20, RELATING TO THE TERM OF OFFICE OF THE COUNTY TREASURER AND A FAILURE TO COMPLETE THE TERM OF OFFICE, SO AS TO PROVIDE THE SUCCESSOR'S APPOINTMENT LASTS ONLY UNTIL A CANDIDATE FOR TREASURER IS ELECTED IN A GENERAL ELECTION, TAKES THE OATH OF OFFICE, AND RECEIVES A BOND AND COMMISSION, AND TO PROVIDE FURTHER THAT AT THIS TIME THE SUCCESSOR'S APPOINTMENT ENDS AND THE SUCCESSFUL CANDIDATE IN THE GENERAL ELECTION ASSUMES THE OFFICE OF COUNTY TREASURER.
H. 3953 (Word version) -- Reps. Klauber, Quinn, Campsen and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-342 SO AS TO PROVIDE FOR THE CRIME OF CRIMINAL SOLICITATION OF A MINOR, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; BY ADDING SECTION 23-3-70 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION UNDER CERTAIN CIRCUMSTANCES MAY ISSUE A SUBPOENA TO OBTAIN SPECIFIED INFORMATION FROM A PROVIDER OF ELECTRONIC COMMUNICATION SERVICES OR REMOTE COMPUTING SERVICES; TO AMEND SECTION 16-15-445, RELATING TO THE SEIZURE AND FORFEITURE OF EQUIPMENT USED IN COMMITTING CERTAIN CRIMES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR; TO AMEND SECTION 16-15-375, RELATING TO DEFINITIONS RELATING TO CERTAIN CRIMES AGAINST MORALITY AND DECENCY, SO AS TO REVISE THE DEFINITION OF "SEXUAL ACTIVITY"; AND TO AMEND SECTION 16-3-800, RELATING TO DEFINITIONS OF CERTAIN TERMS RELATING TO OFFENSES RELATED TO SEXUAL PERFORMANCE BY CHILDREN, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "SEXUAL PERFORMANCE", "PERFORMANCE", AND "PROMOTE".
H. 3954 (Word version) -- Reps. Easterday, Tripp, Rice, Robinson, Scarborough, Campsen, Harrell, Loftis, Cato, Limehouse and Leach: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004 AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
CONCURRENT RESOLUTION
The following was introduced:
H. 3952 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO COMMEND PRINCIPAL SUE RICKMAN OF SIX MILE ELEMENTARY SCHOOL FOR HER EFFORTS TO ENCOURAGE HER STUDENTS TO PARTICIPATE IN THE JUMP ROPE FOR HEART PROGRAM AND TO PROCLAIM HER THE JELL-O QUEEN OF PICKENS COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
H. 3955 (Word version) -- Reps. Davenport, W. D. Smith, Talley, Allison, Lee, Littlejohn and Sinclair: A CONCURRENT RESOLUTION TO COMMEND MR. RON SMITH OF SPARTANBURG FOR HIS SUCCESS AS AN OWNER AND OPERATOR OF HIS OWN BUSINESS AND TO CONGRATULATE HIM ON BEING THE RECIPIENT OF THE YEAR 2001 SMALL BUSINESS ADMINISTRATION SOUTH CAROLINA ENTREPRENEURIAL EXCELLENCE AWARD, PRESENTED BY THE UNITED STATES SMALL BUSINESS ADMINISTRATION.
The roll call of the House of Representatives was taken resulting as follows:
Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Dantzler               Davenport              Delleney
Easterday              Fleming                Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Ott                    Owens                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rivers
Robinson               Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                Whipper                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, April 18.
Tracy Edge                        James Neal
Eldridge Emory                    J. J. Snow
Bill Cotty                        Daniel Cooper
Fletcher Smith                    Anne Parks
Harry Askins                      Joseph Neal
Total Present--120
DOCTOR OF THE DAY
Announcement was made that Dr. Steven R. Ross of Florence is the Doctor of the Day for the General Assembly.
SPECIAL PRESENTATION
Rep. HAYES presented to the House the Latta High School Vikings Boys Basketball Team, 2001 Class A State Champions, their coaches and other staff.
CO-SPONSORS ADDED
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."
CO-SPONSOR ADDED
Bill Number: H. 3479 (Word version)
Date: ADD:
04/18/01 WHITE
04/18/01 MCLEOD
04/18/01 WHIPPER
04/18/01 GILHAM
SENT TO THE SENATE
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 3881 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO REQUIRE A STUDY TO BE CONDUCTED BY SPARTANBURG COUNTY OF THE IMPACT OF PLACING A TRASH COMPACTOR FACILITY ON PARRIS BRIDGE ROAD NEAR I-85 AND TO SUSPEND CONSTRUCTION OF THE FACILITY UNTIL A REPORT OF THE STUDY HAS BEEN SUBMITTED TO THE SPARTANBURG LEGISLATIVE DELEGATION.
H. 3385--DEBATE ADJOURNED
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, April 25, which was adopted:
H. 3385 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE FOR THE AUTHORITY OF THE ANDERSON COUNTY BOARD OF EDUCATION IN REGARD TO SCHOOL BUDGETARY MATTERS INCLUDING THE AUTHORITY TO PROVIDE THAT UP TO TWO MILLS OF COUNTYWIDE AD VALOREM PROPERTY TAX LEVIES FOR SCHOOL OPERATIONS BE DISTRIBUTED TO DISTRICTS MEETING CERTAIN CRITERIA ESTABLISHED BY THE BOARD.
S. 571--DEBATE ADJOURNED
Rep. VAUGHN moved to adjourn debate upon the following Bill until Thursday, April 19, which was adopted:
S. 571 (Word version) -- Senator Hawkins: A BILL TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO DECREASE THE TERM OF OFFICE OF THE MEMBERS FROM SIX YEARS TO FOUR YEARS; AND TO AMEND ACT 500 OF 1998 TO PROVIDE THAT THE TWO ADDITIONAL MEMBERS OF THE BOARD ADDED BY THIS ACT MUST BE APPOINTED TO OFFICE AS PROVIDED BY LAW.
Rep. SHARPE moved to adjourn debate upon the following Bill until Thursday, April 19, which was adopted:
H. 3837 (Word version) -- Reps. J. R. Smith, Clyburn, Sharpe and D. C. Smith: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE THE NEW PRECINCTS, PROVIDE THAT PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Rep. KELLEY moved to adjourn debate upon the following Bill until Thursday, April 19, which was adopted:
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.
S. 484--AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up:
S. 484 (Word version) -- Finance Committee: 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. RHOAD proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18397SOM01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Section 9-9-60(3) of the 1976 Code, as added by Section 7, Part II, Act 1 of 2001, is amended to read:
"(3) A member who has attained the age of seventy and one-half seventy-five years and has forty twenty-five years of service may retire and draw a retirement benefit while continuing to serve in the General Assembly upon written application to the board setting forth at what time, not more than ninety days before nor more than six months subsequent to the execution and filing of the application, the member desires to be retired. A member who has retired under this provision shall make no further contributions to the system, shall earn no further service credit, and may not reenter membership in the system.
The member must retire at the beginning of an annual session of the General Assembly and his election to receive his retirement allowance under this system is in lieu of receiving his constitutionally mandated per diem salary, currently established at ten thousand four hundred dollars for a regular session. This election if made is irrevocable and applies for as long as that person serves thereafter in the General Assembly including service in both regular and extra sessions.
(4) A member who has twenty-eight years of service regardless of age may retire and draw a retirement benefit while continuing to serve in the General Assembly upon written application to the board setting forth at what time, not more than ninety days before nor more than six months subsequent to the execution and filing of the application, the member desires to be retired. A member who has retired under this provision shall make no further contributions to the system, shall earn no further service credit, and may not reenter membership in the system.
The member must retire at the beginning of an annual session of the General Assembly and his election to receive his retirement allowance under this system is in lieu of receiving his constitutionally mandated per diem salary, currently established at ten thousand four hundred dollars for a regular session. This election if made is irrevocable and applies for as long as that person serves thereafter in the General Assembly including service in both regular and extra sessions." /
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Reps. KNOTTS and PHILLIPS proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20516SD01), which was adopted:
/ SECTION ____. (1) an active contributing member of the South Carolina Retirement System or the South Carolina Police Officers Retirement System who failed to establish any service credit they were eligible to establish as of December 31, 2000, may, through December 31, 2001, establish such credit under the same terms and conditions applicable for establishing such service that applied as of December 31, 2000.
(2) An active contributing member of the South Carolina Retirement System, South Carolina Police Officers Retirement System, or Retirement System for Members of the General Assembly who had service in the select reserves of the armed forces of the United States as of December 31, 2000 through December 31, 2001, may establish that service credit in the same manner and under the same terms and conditions that service in the national guard could be established as of December 31, 2000.
(3) The first paragraph of Section 9-9-50(2) of the 1976 Code, as last amended by Act 412 of 1990, is further amended to read:
"Notwithstanding any other provision of law, any member of the Retirement System for members of the General Assembly who has rendered service which would have been creditable under a correlated system which has not been previously established as service credit in any correlated system may establish the service with this system, provided payment is made to the system on the same basis as members of the General Assembly contributed for the same period of time plus interest."
(4) Notwithstanding the general effective date of this act, this section takes effect upon approval by the Governor. /
Rep. KNOTTS explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. WITHERSPOON spoke in favor of the amendment.
Rep. KELLEY moved to table the amendment, which was rejected by a division vote of 24 to 34.
The question then recurred to the adoption of the amendment.
Rep. KELLEY demanded the yeas and nays which were taken, resulting as follows:
Yeas 66; Nays 38
Those who voted in the affirmative are:
Allen                  Bales                  Barfield
Breeland               Brown, G.              Brown, R.
Chellis                Coates                 Cobb-Hunter
Coleman                Dantzler               Davenport
Delleney               Emory                  Fleming
Freeman                Frye                   Gourdine
Govan                  Harrison               Harvin
Hinson                 Hosey                  Huggins
Kennedy                Klauber                Knotts
Koon                   Law                    Lee
Lucas                  Mack                   McCraw
Miller                 Moody-Lawrence         Neal, J.M.
Ott                    Phillips               Rhoad
Rivers                 Rutherford             Sheheen
Simrill                Smith, D.C.            Smith, G.M.
Smith, J.E.            Taylor                 Thompson
Trotter                Webb                   Weeks
Whatley                Whipper                Wilder
Total--66
Those who voted in the negative are:
Allison                Altman                 Barrett
Brown, J.              Campsen                Cato
Easterday              Edge                   Gilham
Hamilton               Harrell                Haskins
Kelley                 Kirsh                  Leach
Limehouse              Littlejohn             Merrill
Owens                  Perry                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sinclair
Smith, J.R.            Stille                 Stuart
Talley                 Townsend               Tripp
Vaughn                 Walker                 White
Wilkins                Young, A.
So, the amendment was adopted.
Rep. KELLEY proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\AMEND\10218HTC01), which was adopted:
Amend the bill, as and if amended, in Section 9-20-40(A), as contained in SECTION 2, page 6, by striking beginning on line 18 /in an amount determined by the board / and inserting / as provided in Section 9-1-1140(A) /
Rep. KELLEY explained the amendment.
The Bill, as amended, was read the second time and ordered to third reading.
H. 3693--REQUESTS FOR DEBATE
H. 3693 (Word version) -- Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach, Robinson, White and Cooper: 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 Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5310DJC01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited and referred to as the "Unborn Victims Act".
SECTION 2. Article 1, Chapter 5, Title 15 of the 1976 Code is amended by adding:
"Section 15-5-5. (A) For purposes of a civil cause of action, 'person' includes an unborn child at every state of gestation in utero from conception until live birth. However, nothing in this section may be construed to abridge, alter, amend, or supplant the common law or statutory laws of South Carolina regarding civil actions for medical malpractice or wrongful death brought against medical professionals on account of acts of omission or commission occurring during the course of providing medical services or treatment.
(B) Nothing in this section may be construed to apply to or infringe upon a pregnant female's constitutional right to privacy, or a pregnant female's right to a lawful abortion.
(C) Nothing in this section may be construed to apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(D) No pregnant female may be subject to a civil suit under this section for acts affecting her unborn child, except in the case of illegal drug use.
(E) No person or health care provider may be subject to a civil suit under this section for conduct relating to or arising out of the performance of a lawful abortion.
(F) No person or health care provider may be subject to a civil suit under this section for acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devises."
"Section 16-3-90. (A) For purposes of all offenses arising out of the unlawful killing or battery of any 'person' or of 'another' in this chapter, the terms 'person' and 'another' include an unborn child at every stage of gestation in utero from conception until live birth.
(B) Nothing in this section may be construed to apply to or infringe upon a pregnant female's right to a lawful abortion.
(D) No pregnant female may be prosecuted under this section for acts affecting her unborn child, except in the case of illegal drug use.
(E) No person or health care provider may be prosecuted under this section for conduct relating to or arising out of the performance of a lawful abortion.
(F) No person or health care provider may be prosecuted under this section for acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices."
"(20) 'Person' means an individual, a partnership, a firm, a corporation, an association, or other legal entity. For purposes of all offenses arising out of the death or injury of any 'person' in this article, 'person' also includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 5. Article 1, Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-185. For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 6. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2915. For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 7. If any section, or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are hereby declared to be severable from other provisions.
SECTION 8. The repeal or amendment by this act, of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 9. This act takes effect upon approval by the Governor. /
Amend title to read.
/ TO ENACT THE "UNBORN VICTIMS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTIES IN CONNECTION WITH CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT, FOR PURPOSES OF A CIVIL CAUSE OF ACTION, "PERSON" INCLUDES AN UNBORN CHILD, AND TO FURTHER PROVIDE FOR LIMITATIONS ON THE APPLICABILITY OF THIS SECTION; TO AMEND CHAPTER 3, TITLE 16, 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. /
Rep. CAMPSEN explained the amendment.
Reps. WHIPPER, J. E. SMITH, MOODY-LAWRENCE, COTTY, BREELAND, R. BROWN, GOURDINE, MILLER, EMORY, CAMPSEN, FLEMING, W. D. SMITH, LIMEHOUSE, SIMRILL, LAW, HAMILTON, DAVENPORT, MERRILL, J. R. SMITH, SHARPE, LEACH and WHATLEY requested debate on the Bill.
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser and Sandifer: 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. GOVAN requested debate on the Bill.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18366DW01):
/ 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:
"Article 2
Uniform Election Procedure Act
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 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 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 7-15-470. 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. /
Rep. FLEMING explained the amendment.
Reps. J. BROWN, GOURDINE, BREELAND, JENNINGS, RIVERS, LLOYD, FLEMING, MACK, W. D. SMITH, ROBINSON, HARRISON, DAVENPORT, TROTTER, PERRY, HOSEY and SCOTT requested debate on the Bill.
Further proceedings were interrupted by the expiration of time on the uncontested calendar.
SPEAKER PRO TEMPORE IN CHAIR
H. 3956--ADOPTED AND SENT TO SENATE
H. 3956 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Harrell, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE IF NECESSARY UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE IF NECESSARY UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE IF NECESSARY UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS; TO PROVIDE FOR THE CONSIDERATION OF LOCAL LEGISLATION WHICH HAS THE UNANIMOUS CONSENT OF THE AFFECTED DELEGATION AND FOR THE RATIFICATION OF ACTS DURING CERTAIN PERIODS BEFORE SINE DIE ADJOURNMENT WHEN THE GENERAL ASSEMBLY IS NOT IN STATEWIDE SESSION; TO PROVIDE THAT BETWEEN JUNE 7, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS; AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 7, 2001, under the following terms and conditions:
(A) When each house adjourns on Thursday, June 7, 2001, not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 19, 2001, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Thursday, June 21, 2001, for consideration of the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments;
(6) receipt and consideration of resolutions expressing sympathy or congratulations;
(7) receipt and consideration of resolutions affecting the sine die adjournment date;
(8) concurrence or nonconcurrence in amendments on bills received from the other house; and
(9) consideration of S.496 relating to the lottery or another lottery-related bill in lieu of S.496.
(B) When each house adjourns not later than 5:00 p.m. on Thursday, June 21, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Monday, August 13, 2001, and to continue in statewide session, if necessary, until Friday, September 7, 2001, not later than 5:00 p.m. for the consideration of the following matters and subject to the following conditions, as applicable:
(6) receipt and consideration of redistricting legislation, including consideration of conference or free conference reports, concerning the South Carolina House of Representatives, the South Carolina State Senate, and the six United States Congressional Seats allocated to South Carolina;
(7) receipt and consideration of primary election legislation and related matters pertaining to redistricting issues;
(8) receipt and consideration of joint resolutions approving, approving in part, or disapproving regulations; and
(9) receipt and consideration of resolutions affecting the sine die adjournment date.
(C) When each house adjourns not later than 5:00 p.m. on Friday, September 7, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Tuesday, September 18, 2001, and to continue in statewide session, if necessary, until Thursday, September 20, 2001, not later than 5:00 p.m. for the consideration of the following matters:
(6) receipt and consideration of resolutions affecting the sine die adjournment date; and
(7) receipt, consideration, and disposition of conference and free conference reports relating to S.496 or another lottery-related bill, appointment of conference and free conference committees relating to these bills, and messages pertaining to such reports and appointments.
(D) Each house also may provide for local session days during the periods between June 7 and June 19, 2001, June 21 and August 13, 2001, and September 7, 2001, and September 18, 2001, for consideration of local legislation that has the unanimous consent of the affected delegation.
(E) The Speaker of the House and the President of the Senate may ratify acts at a mutually convenient time between June 7 and June 19, 2001, June 21 and August 13, 2001, and September 7, 2001, and September 18, 2001.
(F) Each house may meet for administrative purposes upon the call of the Speaker of the House or the President Pro Tempore of the Senate between June 7, 2001, and the date when the General Assembly stands adjourned sine die.
(G) The Speaker of the House and the President Pro Tempore of the Senate, by mutual consent, may call their respective houses into statewide session at any time between June 7, 2001, and the date when the General Assembly stands adjourned sine die for the purpose of considering any matters listed in this resolution. If the Speaker of the House and the President Pro Tempore of the Senate call their respective houses into statewide session under the provisions of this subsection they must designate the specific items to be considered and the duration of such consideration which shall be binding upon each house.
(H) When each house adjourns not later than 5:00 p.m. on Thursday, September 20, 2001, the General Assembly shall stand in recess until no later than 5:00 p.m. on December 31, 2001, and unless otherwise adjourned sine die at an earlier date after September 20, 2001, on December 31, 2001, not later than 5:00 p.m. the General Assembly shall stand adjourned sine die.
Rep. WILKINS explained the Resolution.
Rep. JENNINGS proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20507SD01), which was tabled:
Amend the concurrent resolution, as and if amended, by striking subsection (H) and inserting:
/ (H) When each house adjourns not later than 5:00 p.m. on Thursday, September 20, 2001, the General Assembly shall stand adjourned sine die. /
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. WILKINS spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Barfield               Barrett                Bingham
Chellis                Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Walker                 Webb                   Whatley
White                  Wilkins                Witherspoon
Askins                 Battle                 Bowers
Breeland               Brown, R.              Cobb-Hunter
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Jennings               Kennedy
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Rhoad                  Rivers
Rutherford             Scott                  Sheheen
Smith, J.E.            Weeks                  Whipper
So, the amendment was tabled.
The question then recurred to the adoption of the Concurrent Resolution.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Askins                 Bales                  Barfield
Barrett                Bingham                Brown, J.
Campsen                Cato                   Chellis
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Owens
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Battle                 Bowers                 Breeland
Brown, R.              Emory                  Freeman
Gourdine               Govan                  Harvin
Hosey                  Howard                 Jennings
Kennedy                Lloyd                  Lourie
Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Rhoad
Rivers                 Rutherford             Scott
So, the Concurrent Resolution was adopted and sent to the Senate.
RECURRENCE TO THE MORNING HOUR
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
H. 3957 (Word version) -- Reps. J. E. Smith and Allison: A BILL TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3958 (Word version) -- Reps. Rodgers, Gilham and Rivers: A BILL TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO THE BEAUFORT COUNTY LEGISLATIVE DELEGATION TO THE BEAUFORT COUNTY GOVERNING BODY, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.
On motion of Rep. RODGERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3959 (Word version) -- Reps. Rodgers, Simrill, Gilham, Hosey, Owens, Sinclair, G. M. Smith, Stille, Talley and Weeks: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES TO OBTAIN A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY USE THE ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE TO ATTEND THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER'S LICENSE.
H. 3960 (Word version) -- Reps. Sandifer, Loftis, Simrill, Coates, Wilkins, Cato, Harrison, Knotts, McGee, Bales, Davenport, Allison, Altman, Barrett, Bingham, Campsen, Chellis, Cooper, Dantzler, Edge, Fleming, Frye, Gilham, Hinson, Kelley, Kirsh, Koon, Law, Leach, Limehouse, Littlejohn, Lloyd, Meacham-Richardson, Owens, Quinn, Riser, Rivers, Robinson, Rodgers, Scarborough, Sharpe, Sinclair, D. C. Smith, G. M. Smith, J. R. Smith, Stuart, Talley, Taylor, Thompson, Trotter, Vaughn, Walker, Webb, White, Witherspoon and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3435 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR PREMIUMS PAID BY A SMALL BUSINESS FOR EMPLOYER-PAID EMPLOYEE HEALTH INSURANCE, TO LIMIT THE CREDIT TO FIVE HUNDRED DOLLARS AN EMPLOYEE AND ALLOW THE CREDIT ONLY FOR BUSINESSES EMPLOYING TWENTY OR FEWER PERSONS, TO ALLOW THE CREDIT ONLY IF THE BUSINESSES FORMERLY DID NOT PROVIDE SUCH COVERAGE TO EMPLOYEES, AND TO PHASE THE CREDIT OUT OVER SIX YEARS.
SPEAKER IN CHAIR
H. 3479--AMENDED AND ORDERED TO THIRD READING
H. 3479 (Word version) -- Reps. W. D. Smith, Sandifer, Edge, J. E. Smith, Allison, Altman, Bales, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Coleman, Davenport, Fleming, Govan, Harvin, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Law, Lee, Limehouse, Lloyd, Lourie, Mack, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Ott, Quinn, Rodgers, Rutherford, Scott, Sharpe, F. N. Smith, J. R. Smith, Snow, Talley, Taylor, Townsend, Vaughn, Weeks, Whatley, Whipper, Wilder, Witherspoon, A. Young, Knotts and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-42-75 SO AS TO PROVIDE THAT ANY MANUFACTURER, BREWER, OR IMPORTER OF BEER OR ITS AFFILIATE MAY HOLD AN INTEREST IN A LIMITED PARTNERSHIP PROVIDING FINANCIAL ASSISTANCE TO A GENERAL PARTNER WHOLESALER UNDER CERTAIN CONDITIONS, RESTRICTIONS, AND LIMITATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\10168SD01), which was adopted:
Amend the bill, as and if amended, by striking Section 33-42-75 of the 1976 Code, as contained in SECTION 1 and inserting:
/ "Section 33-42-75. Any manufacturer, brewer, or importer of beer or its affiliate may hold an interest in a limited partnership providing financial assistance to a general partner wholesaler, but may only exercise that control of the limited partnership business as is permitted by this Uniform Limited Partnership Act. However, in no event may the limited partner, directly or indirectly, have any managerial control or decision-making authority including personnel decisions, with respect to the day-to-day operations of the limited partnership, and upon a default by the general partner wholesaler, the limited partner is not entitled, directly or indirectly, to any additional control, ownership, or financial interest in the general partner wholesaler, nor may the limited partner become the general partner in the limited partnership. No manufacturer, brewer, or importer of beer or its affiliate licensed in this State, directly or indirectly, may have any financial or ownership interest in the general partner wholesaler. It is further declared an unfair trade practice for any manufacturer, brewer, or importer of beer or its affiliate holding an interest in a limited partnership providing financial assistance to a general partner wholesaler pursuant to this section to have directly or indirectly any managerial control or decision-making authority, including personnel decisions, with respect to the day-to-day operations of the limited partnership.
The only financial assistance that may be provided under the provisions of this section is the initial financial assistance to the limited partnership to acquire a licensed beer wholesaler. In this arrangement for financial assistance, the federal basic permit and the wholesaler's license issued by the department must be issued in the name of the general partner wholesaler on behalf of the limited partnership, and not in the name of the limited partnership nor in the name of the manufacturer, brewer, or importer or its affiliate.
The limited partnership may not exist for more than ten years from the date of its creation and may not be recreated, renewed, or extended beyond that date. The limited partnership shall not be considered as amending or otherwise altering Title 61 except for the limited purposes permitted in this section in connection with a manufacturer, brewer, or importer of beer or its affiliate who is licensed in this State providing the financial assistance. A manufacturer, brewer, or importer or its affiliate shall not mandate, directly or indirectly, that a wholesaler use the financial assistance as described in this section.
A violation of this section is deemed to be a violation of the South Carolina Unfair Trade Practices Act." /
Rep. EASTERDAY explained the amendment.
ORDERED TO THIRD READING
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3731 (Word version) -- Reps. Cato, Chellis, Allen, Bales, Barfield, Barrett, Battle, J. Brown, Carnell, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Easterday, Freeman, Harrison, Hinson, Huggins, Klauber, Leach, Lee, Littlejohn, Loftis, Lucas, Mack, McCraw, Miller, Owens, Perry, Phillips, Rhoad, Rice, Riser, Rivers, Sandifer, Simrill, Snow, Taylor, Vaughn, Webb, Whatley and Wilkins: A BILL TO AMEND SECTION 40-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR CONDUCTING EXAMINATIONS FOR LICENSURE OF CERTIFIED PUBLIC ACCOUNTANTS SO AS TO REVISE TIME FRAMES FOR PROVIDING NOTICE OF EXAMINATION DATES AND FOR SUBMITTING APPLICATIONS FOR EXAMINATION, TO REVISE REFERENCES TO THE TYPE OF EXAMINATIONS TO BE GIVEN, AND TO AUTHORIZE THE BOARD TO ENGAGE THIRD PARTIES TO ASSIST WITH ADMINISTRATIVE RESPONSIBILITIES FOR ADMINISTERING EXAMINATIONS; AND TO AMEND SECTION 40-2-550, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO REVISE A REFERENCE TO WRITTEN EXAMINATIONS.
Rep. CHELLIS explained the Bill.
H. 3706 (Word version) -- Reps. Loftis, Knotts, Simrill, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE SCIENTIFIC OR TECHNICAL BASIS AND STUDIES USED IN DEVELOPING THE REGULATIONS, INCLUDING A SUMMARY OF THESE STUDIES, COPIES OF WHICH ALSO MUST BE AVAILABLE TO THE PUBLIC.
Rep. LOFTIS explained the Bill.
H. 3599 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS".
Rep. RODGERS explained the Bill.
H. 3600 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-18-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S ACADEMIC PERFORMANCE RATINGS AND PERFORMANCE INDICATORS UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO PROVIDE THAT THE COMMITTEE IN ALL RATINGS RATHER THAN JUST IN THE IMPROVEMENT RATING SHALL CONSIDER CERTAIN CRITERIA.
Rep. WALKER explained the Bill.
H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.
H. 3603 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-18-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.
H. 3721 (Word version) -- Reps. Cato, J. E. Smith, Chellis, Knotts, Cooper, Bales, Hayes, Harvin, Tripp, Leach, Ott, Whatley, Edge and Hinson: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCING IN CONNECTION WITH LICENSING OF CONSUMER FINANCE COMPANIES, SO AS TO ALLOW A LICENSEE TO CHARGE A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN UNPAID INSTALLMENT AFTER TEN DAYS AND TO ADD A MAINTENANCE FEE OF THREE DOLLARS A MONTH TO THE GROSS AMOUNT OF THE PROMISSORY NOTE, IF THAT FEE IS REFUNDED PRO RATA UPON PREPAYMENT OF THE NOTE; TO AMEND SECTION 37-3-203, AS AMENDED, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN OR REFINANCING OF A CONSUMER LOAN, SO AS TO PROVIDE FOR A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN INSTALLMENT THAT IS UNPAID TEN DAYS AFTER ITS DUE DATE AND TO ALLOW A CREDITOR TO APPLY PAYMENT TO A DELINQUENT RATHER THAN CURRENT OR UNMATURED INSTALLMENT; AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO REMEDIES AND PENALTIES IN CONNECTION WITH CONSUMER TRANSACTIONS, SO AS TO CLARIFY FACTORS FOR CONSIDERATION IN A DETERMINATION OF UNCONSCIONABLE CONDUCT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\ 4229MM01):
/ SECTION 1. Section 34-29-140(e) and (i) of the 1976 Code are amended to read:
"(e) Delinquent charge; penalties for excessive charges. In addition to the charges and fees provided for by this chapter, no further or other amount whatsoever shall may be directly or indirectly charged, contracted for, or received, directly or indirectly, except that a licensee hereunder may, if agreed to in writing, may contract for, impose, and collect a delinquent charge of five cents per dollar for each full dollar of an installment which that is delinquent for five ten or more days, which. The charge may be imposed only once on each delinquent installment and, provided where if a portion of an installment is delinquent, the delinquent charge may be imposed only once on that portion of the installment which that is delinquent. A lender may contract for and receive a minimum delinquency charge of five dollars, even if the charge exceeds five percent of the unpaid amount of the installment. However, such The restriction shall does not apply to official fees as defined in Section 37-1-301(10)(17), or actual and reasonable attorney fees as determined by the court in which suit is filed and court costs incurred in the collection in default, or to the actual and reasonable expenses of repossession, storing, and selling of any property pledged as security on any a contract in default, or insurance premiums or identifiable charges authorized by this chapter. If any an amount in excess of the charges permitted by this chapter is charged, contracted for, or received, except as the result of an accidental or bona fide error, the contract of loan shall be is void, and the licensee shall have has no right to collect or receive any principal, interest, charge, or recompense whatsoever; and. The licensee and the its several members, officers, directors, and agents thereof who shall have participated in such the violation shall be deemed are guilty of a misdemeanor and, upon conviction thereof, shall must be punishable by a fine of fined not more than five hundred and not less than two hundred dollars or by imprisonment for imprisoned not less than thirty days nor more than six months.
(i) In addition to all other charges authorized under by this section, a licensee may charge and add to the gross note a maintenance fee of one dollar per two dollars for each month for the term of the loan for each loan account which in the event of prepayment would. If the loan is prepaid, the maintenance fee must be refunded pro rata with the unexpired term of the loan and any a part of a month must be treated as like a full month."
Rep. CHELLIS explained the amendment.
Rep. CHELLIS moved to adjourn debate on the Bill until Thursday, April 19, which was agreed to.
H. 3920--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS
On motion of Rep. PERRY, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
H. 3920 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 90 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SERTOMA INTERNATIONAL SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.
H. 3480 (Word version) -- Reps. J. E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
Rep. WALKER moved that the House recur to the Morning Hour, which was agreed to.
H. 3961 (Word version) -- Reps. Sinclair, Allison, Davenport, Talley, Lee, Littlejohn, W. D. Smith, Vaughn, Walker, Wilder, Allen, 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, 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, Limehouse, 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, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Taylor, Thompson, Townsend, Tripp, Trotter, Webb, Weeks, Whatley, Whipper, White, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF BENJAMIN REID "BEN" HARRISON OF THE WALNUT GROVE COMMUNITY IN ROEBUCK, SOUTH CAROLINA AND TO EXTEND THEIR HEARTFELT SYMPATHY TO HIS FAMILY AND MANY, MANY FRIENDS.
H. 3962 (Word version) -- Reps. Battle and Wilkins: A CONCURRENT RESOLUTION CONGRATULATING MR. MARION G. SWINK OF FLORENCE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
H. 3623 (Word version) -- Reps. Allison and Townsend: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.
Reps. SIMRILL, KIRSH, MOODY-LAWRENCE, HAYES, BALES, COATES, G. M. SMITH, THOMPSON, KNOTTS and J. R. SMITH requested debate on the Bill.
H. 3364 (Word version) -- Reps. Taylor, Allison, Bales, Barfield, Barrett, Cobb-Hunter, Cooper, Cotty, Hinson, Kelley, Klauber, Law, Merrill, Owens, Riser, Scarborough, Walker, White, Wilder, Witherspoon and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-155 SO AS TO PROVIDE THAT IF ANY STATE LICENSING, APPOINTMENT, ELECTION, ADMISSION, EMPLOYMENT, OR OTHER PROCESS REQUIRES THE APPLICANT TO POSSESS A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, NO SUCH DIPLOMA OR CERTIFICATE SHALL BE ACCEPTABLE FOR PURPOSES OF THAT PROCESS UNLESS THE STATE BOARD OF EDUCATION CERTIFIES THAT THE STANDARDS OF THE INSTITUTION GRANTING THE DIPLOMA OR CERTIFICATE OR THE STANDARDS OF ANY TESTING USED TO GRANT THE DIPLOMA OR CERTIFICATE ARE AT LEAST COMPARABLE TO THOSE OF THE STATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20435SD01), which was adopted:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-39-155. (A) If any state licensing, appointment, election, admission, employment, or other procedure or process requires the applicant, candidate, official, or individual to possess a high school diploma or its equivalent, no such correspondence diploma or certificate shall be acceptable for purposes of that process unless:
(1) the correspondence program is approved by the state board or department of education in the state in which the school or entity issuing the diploma or certificate has its principal place of business;
(2) the school or entity is accredited by the New England Association of Colleges and Schools, the Middle States Association of Colleges and Schools, the Southern Association of Colleges and Schools, the North Central Association of Colleges and Schools, the Western Association of Colleges and Schools, or the Northwest Association of Colleges and Schools; or
(3) the school or entity is approved by a local board of school trustees of this State.
(B) It is unlawful for any person to use, falsify, or alter a transcript, diploma, or the high school equivalency diploma known as the GED from any high school, college or university, technical college, the South Carolina Department of Education, or other entity for the purpose of fraudulently avoiding the requirements of subsection (A) or for other unlawful purposes. Any person violating the provisions of the section, upon conviction, shall be punished as provided in Section 16-13-15."
SECTION 2. This act takes effect upon approval by the Governor./
Rep. WALKER explained the amendment.
The following Joint Resolution was taken up:
H. 3644 (Word version) -- Reps. Breeland, Gourdine, J. Hines, Robinson, Bales, Battle, R. Brown, Cato, Clyburn, M. Hines, Hosey, Klauber, Law, Littlejohn, Mack, Owens, Rhoad, Scarborough, Scott, Simrill, Trotter, Vaughn, Webb, Whipper and Altman: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22966CM01), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 2 on page 1, and inserting:
/ SECTION 2. The committee shall study the following: (a) the advisability and feasibility of constructing a fourth state veterans' nursing home in South Carolina; (b) veterans' access to existing nursing facilities and adult daycare facilities and the availability of these facilities to veterans who may be in need of them; (c) the ways in which the State should proceed to generate maximum use of state tax revenue for the benefit of veterans; (d) the projected veteran population in South Carolina during the next twenty years; and (e) possible improvement projects to existing state nursing facilities for veterans. When formulating its findings and recommendations, the committee shall consider information and recommendations from the state Office of Veterans' Affairs and representatives of the veteran community. /
Rep. BREELAND explained the amendment.
POINT OF ORDER
Rep. HAMILTON raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Joint Resolution.
SPEAKER WILKINS stated that the amendment was germane to the Joint Resolution and he therefore overruled the Point of Order.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
H. 3287 (Word version) -- Reps. White, Barrett, J. Brown, Cato, Clyburn, Coates, Cobb-Hunter, Cooper, Harrell, Harrison, Hinson, Hosey, Kelley, Klauber, Martin, McCraw, Owens, Phillips, Rice, Robinson, Sharpe, Sinclair, Stille, Talley, Taylor, Thompson, Townsend, Trotter, Webb and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-80 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES MUST BE ACQUIRED, MAINTAINED, AND OPERATED.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\ AMEND\1363DW91), which was adopted:
"Section 25-11-80. (A) In this section:
(1) 'state veterans' cemetery' means a cemetery that the Division of Veterans Affairs establishes under this section; and
(2) 'immediate family' means those family members who are eligible for burial in a Department of Veterans' Affairs national cemetery.
(B) The division may establish one or more cemeteries in the State for the burial of veterans and their immediate families.
(C) The division may accept land, in the name of the State, or otherwise acquire land for a state veterans' cemetery, if the division has the approval of:
(1) the governing body of the county where the state veterans' cemetery is to be located;
(2) the delegation in the General Assembly for the county where the state veterans' cemetery is to be located; and
(3) the Budget and Control Board.
(D) The division shall maintain and supervise each state veterans' cemetery.
(E)(1) Subject to the limitations in this section, the division shall provide a plot in a state veterans' cemetery, without charge, to an applicant who meets the requirements of this section.
(2) In the order in which the division receives the applications for plots, the division shall allot a plot in the state veterans' cemetery that is closest to the residence of the veteran and has an available plot.
(F)(1) To qualify for a plot in a state veterans' cemetery, the applicant must be a veteran or a member of the immediate family of a veteran who meets the requirements of this subsection.
(2) The veteran must have an honorable discharge from the Armed Forces.
(3) The veteran must have been a resident of the State:
(a) when the veteran entered the Armed Forces;
(b) when the veteran died; or
(c) for twenty years, unless for a reason that the division finds compelling, the division waives the time period.
(G) To obtain a plot in a state veterans' cemetery, an applicant shall submit to the division an application on the form that the division provides.
(H) In a plot that is allotted to a veteran, the division shall bury:
(1) the veteran; and
(2) any member of the immediate family of the veteran if the family member can be buried in a space above or below the veteran.
(I)(1) The division shall bury the veteran without charge.
(2) For burial of a member of the immediate family, the division may:
(a) set a fee that does not exceed the cost of burial; or
(b) accept, from the social security burial allowance, an amount that does not exceed the cost of the burial.
(J) The division shall keep a registry of the graves of veterans who are buried in the state veterans' cemeteries."
Rep. J. YOUNG moved that the House do now adjourn, which was agreed to.
RETURNED WITH CONCURRENCE
The Senate returned to the House with concurrence the following:
H. 3936 (Word version) -- Reps. Lourie, Cotty, Howard and Scott: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HARDIEST CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM AND THEIR FACULTY ADVISOR AND SPONSOR, MS. LYNN WASHINGTON, ON CAPTURING THEIR TWELFTH STRAIGHT INTERNATIONAL CHAMPIONSHIP AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE HELD ANNUALLY IN NEW YORK CITY.
At 12:30 p.m. the House, in accordance with the motion of Rep. LUCAS, adjourned in memory of Polly Raley of Jefferson, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Thursday, June 25, 2009 at 1:08 P.M.

redpajama_set_name: RedPajamaCommonCrawl