House Journal for June 1, 2004 - South Carolina ...
Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Isaiah 9:2: “The people walking in darkness have seen a great light; on those living in the land of the shadow of death, a light has dawned.”
Let us pray. Lord God, You are near to all who call on You in truth. To know You is perfect knowledge. Instill within us Your divine wisdom and teach us Your Word that we may know the truth and walk in it. Lead, guide, and direct each of these people to do Your will in all things. We invoke Your divine care for our President, Governor, and their staff. Guard our defenders of freedom from all harm and comfort those at home. Hear us, O God of truth. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. NEILSON moved that when the House adjourns, it adjourn in memory of Henry Jett of Darlington County, which was agreed to.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., May 27, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the following Vetoes by the Governor on H. 4925, R.333 by the respective votes following each listed veto:
H. 4925, R. 333 --GENERAL APPROPRIATION ACT
Veto 1 Part IA, Section 1, Department of Education, Division of Professional Development and School Quality, page 2, Other Operating Expenses, $298,030.
Ayes 39; Nays 5
Veto 2 Part IA, Section 4, John De La Howe School, Administration, page 21, Other Personal Service, $1,952.
Ayes 40; Nays 4
Veto 3 Part IA, Section 4, John De La Howe School, Administration, page 21, Other Operating Expenses, $10,181.
Ayes 40; Nays 4
Veto 4 Part IA, Section 4, John De La Howe School, Education, page 21, Other Operating Expenses, $15,076.
Ayes 40; Nays 4
Veto 5 Part IA, Section 5F, Coastal Carolina University, Education and General, Unrestricted, page 36, Other Operating Expenses, $500,000.
Ayes 37; Nays 7
Veto 6 Part IA, Section 5G, Francis Marion University, Education and General, Unrestricted, page 38, Omega Project, $56,147.
Ayes 39; Nays 5
Veto 7 Part IA, Section 5MB, Area Health Education Consortium, Consortium, General, page 65, Other Personal Services, $42,330.
Ayes 38; Nays 6
Veto 8 Part IA, Section 5N, Technical and Comprehensive Education Bd, Instructional Programs, page 67, Florence Darlington – Operating, $500,000.
Ayes 39; Nays 5
Veto 9 Part IA, Section 5N, Technical and Comprehensive Education Bd, Instructional Programs, page 67, Trident Tech – Culinary Arts, $775,000.
Ayes 37; Nays 7
Veto 10 Part IA, Section 6, Educational Television Commission, Program and Services, Agency Services, General Support and Services, page 73, Other Operating Expenses, $184,144.
Ayes 39; Nays 5
Veto 11 Part IA, Section 6, Educational Television Commission, Program and Services, Cultural and Performing Arts, page 73, Other Operating Expenses, $117,028.
Ayes 36; Nays 8
Veto 12 Part IA, Section 8, Dept of Health and Human Services, Program and Services, Health Services, Medical Contracts, page 77, Eligibility Contracts, $700,000.
Ayes 36; Nays 8
Veto 13 Part IA, Section 9, Department of Health and Environmental Control, Administration, page 81, Other Operating Expenses, $787,017.
Ayes 28; Nays 14
Veto 14 Part IA, Section 9, Department of Health and Environmental Control, Coastal Resource Improvement, page 82, Other Operating Expenses, $247,794.
Ayes 38; Nays 6
Veto 15 Part IA, Section 9, Dept of Health and Environmental Control, Programs and Services, Coastal Resource Improvement, page 82, Hunting Is. Beach Renourishment, $5,000,000.
Ayes 33; Nays 11
Veto 16 Part IA, Section 9, Department of Health and Environmental Control, Air Quality Improvement, page 82, Other Operating Expenses, $181,459.
Ayes 37; Nays 7
Veto 17 Part IA, Section 9, Department of Health and Environmental Control, Land & Waste Management, page 83, Other Operating Expenses, $761,791.
Ayes 38; Nays 6
Veto 18 Part IA, Section 9, Dept of Health and Environmental Control, Programs and Services, Family Health, Access to Care, page 85, Unclassified Positions, $138,073.
Ayes 38; Nays 6
Veto 19 Part IA, Section 9, Dept of Health and Environmental Control, Programs and Services, Family Health, Access to Care, page 85, Other Personal Service, $56,895.
Ayes 39; Nays 5
Veto 20 Part IA, Section 9, Dept of Health and Environmental Control, Programs and Services, Family Health, Access to Care, page 85, Lancaster Kershaw Health Center, $175,738.
Ayes 39; Nays 5
Veto 21 Part IA, Section 9, Dept of Health and Environmental Control, Programs and Services, Family Health, Access to Care, page 85, Biotechnology Center, $547,620.
Ayes 39; Nays 5
Veto 22 Part IA, Section 9, Department of Health and Environmental Control, Health Care Standards Facility Service Development, Other Operating Expenses, page 87, $197,015.
Ayes 37; Nays 7
Veto 23 Part IA, Section 9, Department of Health and Environmental Control, Health Care Standards Licensing, Other Operating Expenses, page 87, $94,753.
Ayes 38; Nays 6
Veto 24 Part IA, Section 9, Department of Health and Environmental Control, Health
Surveillance, Vital Records, Other Operating Expenses, page 88, $12,681.
Ayes 37; Nays 7
Veto 25 Part IA, Section 10, Dept of Mental Health, Programs and Services, Support Services, Administrative Services, page 94, Unclassified Positions, $275,197.
Ayes 37; Nays 7
Veto 26 Part IA, Section 10, Dept of Mental Health, Programs and Services, Support Services, Administrative Services, page 94, Other Personal Services, $520,629.
Ayes 39; Nays 5
Veto 28 Part IA, Section 13, Department of Social Services, Programs and Services, Employment and Training Servi, Case Management, page 111, Greenville Urban League, $18,389.
Ayes 37; Nays 7
Veto 29 Part IA, Section 21, Forestry Commission, Forest Landowner Assistance, page 131, Forest Renewal Program, $200,000.
Ayes 37; Nays 7
Veto 30 Part IA, Section 22, Department of Agriculture, Administrative Services, page 134, Other Personal Services, $35,000, General Fund only.
Ayes 38; Nays 6
Veto 31 Part IA, Section 22, Department of Agriculture, Consumer Services, page 134, Other Personal Services, $15,000.
Ayes 38; Nays 6
Veto 32 Part IA, Section 24, Department of Natural Resources, Marine Research, Special Items, Waddell Mariculture, page 147, $400,000.
Ayes 37; Nays 7
Veto 33 Part IA, Section 26, Dept of Parks, Recreation and Tourism, Programs and Services, Tourism Sales and Marketing, page 151, Contributions, $377,586.
Ayes 38; Nays 6
Veto 34 Part IA, Section 26, Dept of Parks, Recreation and Tourism, Programs and Services, Tourism Sales and Marketing, page 152, Palmetto Bowl, $380,000.
Division Vote of Ayes 30; Nays 5
Veto 35 Part IA, Section 26, Dept of Parks, Recreation and Tourism, Programs and Services, Rec, Planning, Eng., page 152, Other Operating Expenses, $91,394.
Ayes 38; Nays 6
Veto 36 Part IA, Section 26, Dept of Parks Recreation and Tourism, Programs and Services, Communications, page 153, Other Operating $25,000.
Division Vote of Ayes 25; Nays 8
Veto 37 Part IA, Section 26, Dept of Parks Recreation and Tourism, Programs and Services, Research and Policy, page 153, Classified Positions $211,020.
Division Vote of Ayes 25; Nays 8
Veto 38 Part IA, Section 26, Dept of Parks Recreation and Tourism, Administrative Services, page 151, Other Personal Services, $13,215.
Division Vote of Ayes 25; Nays 8
Veto 39 Part IA, Section 27, Department of Commerce, Programs and Services, Community and Rural Development, page 156, Classified Positions $39,663.
Ayes 38; Nays 6
Veto 40 Part IA, Section 27, Department of Commerce, Programs and Services, Community and Rural Development, page 156, Unclassified Positions $75,000.
Ayes 39; Nays 5
Veto 41 Part IA, Section 27, Department of Commerce, Programs and Services, Aeronautics, page 158, Unclassified Positions $ 82,759.
Ayes 39; Nays 5
Veto 42 Part IA, Section 53, Department of Transportation, Mass Transit, page 221, Aid to Other Entities, $100,990.
Ayes 37; Nays 7
Veto 43 Part IA, Section 61, Adjutant General’s Office, Other Operating Expenses, page 252, Funeral Caisson, $99,000.
Ayes 39; Nays 5
Veto 44 Part IA, Section 63, Budget and Control Board, Board Administration, Other Operating Expenses, page 258, $225,270.
Ayes 37; Nays 7
Veto 45 Part IA, Section 63, Budget and Control Board, Office of Executive Director, Board Administration, page 258, Veterans’ Memorial, $250,000.
Ayes 41; Nays 3
Veto 46 Part IA, Section 63, Budget and Control Board, Economic Research, Other Operating Expenses, page 261, $110,400.
Ayes 38; Nays 6
Veto 47 Part IA, Section 63, Budget and Control Board, Digital Cartography, Other Operating Expenses, page 261, $33,200.
Ayes 39; Nays 5
Veto 48 Part IA, Section 63, Budget and Control Board, Budget and Analyses Division, Board of Economic Advisors, page 262, Other Operating Expenses, $122,992.
Ayes 31; Nays 12
Veto 49 Part IA, Section 63, Budget and Control Board, Office of Human Resources, Other Operating Expenses, page 262, $774,678.
Ayes 39; Nays 5
Veto 50 Part IA, Section 63, Budget and Control Board, Insurance and Grants Division, Office of Local Government, page 269, SC Rural Infrastructure Bank Trust Fund, $30,000.
Ayes 38; Nays 6
Veto 51 Part IA, Section 63, Budget and Control Board, State CIO Division, CIO Chief Technology Officer, page 271, Total CIO Chief Technology Officer, 313,883.
Ayes 37; Nays 7
Veto 52 Part IB, Section 1.23, Department of Education, page 294, SDE: Mathematics and Science Unit of the Office of Curriculum and Standards.
Ayes 38; Nays 6
Veto 53 Part IB, Section 5A.27, Commission on Higher Education, page 322, CHE: Excellence Enhancement Program Additions.
Division vote of Ayes 25; Nays 10
Veto 54 Part IB, Section 8.32, Department of Health and Human Services, page 328, DHHS: Prescription Reimbursement Payment Methodology.
Ayes 41; Nays 3
Veto 55 Part IB, Section 8.43, Department of Health and Human Services, page 330, DHHS: Medicaid Quarterly Fiscal Impact Statements.
Ayes 37; Nays 7
Veto 56 Part IB, Section 8.48, Department of Health and Human Services, page 330, DHHS: Ambulance Services Reimbursement.
Ayes 39; Nays 5
Veto 57 Part IB, Section 13.20, Department of Social Services, page 344, DSS: C. R. Neal Learning Center.
Ayes 37; Nays 7
Veto 59 Part IB, Section 23.9, Clemson University – PSA, page 350, CU-PSA: Sandhills Revenue.
Ayes 39; Nays 5
Veto 60 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (2) P28-Department of Parks, Recreation and Tourism, $1,998,501.
Ayes 39; Nays 5
Veto 61 Part IB, Section 24.22, Department of Natural Resources, page 353, DNR: Retirement Incentive.
Ayes 37; Nays 7
Veto 62 Part IB, Section 26.1, Department of Parks, Recreation and Tourism, page 353, PRT: Canadian Day.
Ayes 38; Nays 6
Veto 63 Part IB, Section 26.6, Department of Parks, Recreation and Tourism, page 353, PRT: Palmetto Bowl Funding.
Division vote of Ayes 30; Nays 5
Veto 64 Part IB, Section 26.8, Department of Parks, Recreation and Tourism, page 354, PRT: Litter Control Program Transfer.
Ayes 39; Nays 5
Veto 65 Part IB, Section 26.11, Department of Parks, Recreation and Tourism, page 354, PRT: Litter Control.
Ayes 39; Nays 5
Veto 66 Part IB, Section 27.6, Department of Commerce, page 355, CMRC: Aeronautics - Office Space Rental.
Ayes 36; Nays 8
Veto 68 Part IB, Section 27.23, Department of Commerce, page 357, CMRC: Funding for I-73.
Ayes 37; Nays 7
Veto 70 Part IB, Section 36.1, Department of Public Safety, page 365, DPS: Special Events Traffic Control.
Ayes 39; Nays 5
Veto 75 Part IB, Section 72.104, General Provisions, page 436, GP: Secure Juvenile Confinement.
Ayes 39; Nays 5
Veto 76 Part IB, Section 72.111, General Provisions, page 438, GP: Prison Medical Services Study.
Division vote of Ayes 27; Nays 13
Veto 77 Part IB, Section 73.10, General Provisions, page 442, SR: Sale of Vehicles/Maintenance Facilities Closure Study.
Ayes 38; Nays 5
Veto 78 Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, H73 Vocational Rehabilitation.
Ayes 39; Nays 5
Veto 79 Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, J16 Department of Disabilities and Special Needs.
Ayes 37; Nays 7
Veto 80 Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, J20 Department of Alcohol and Other Drug Abuse Services.
Ayes 37; Nays 7
Veto 81 Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, L04 Department of Social Services.
Ayes 37; Nays 7
Veto 82 Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, L24 Commission for the Blind.
Ayes 37; Nays 7
Veto 83 Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, B04 Judicial Department.
Ayes 37; Nays 7
Veto 84 Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, N04 Department of Corrections.
Ayes 38; Nays 6
Veto 85 Part IB, Section 73.17, Statewide Revenue, page 444, SR: Repayment of Debt and Unobligated Funds, N08 Department of Probation, Parole and Pardon Services.
Ayes 38; Nays 6
Veto 86 Part IB, Section 73.17, Statewide Revenue, page 444, SR: Repayment of Debt and Unobligated Funds, N12 Department of Juvenile Justice.
Ayes 38; Nays 6
Veto 87 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased
Enforcement Collections, (2) H67-Educational Television: $1,026,992.
Ayes 37; Nays 7
Veto 88 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (4) J04-Department of Health and Environmental Control, $7,675,331.
Ayes 37; Nays 7
Veto 89 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (9) H79-Department of Archives and History, $250,534.
Ayes 41; Nays 3
Veto 90 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (10) H87-State Library, $481,745.
Ayes 39; Nays 5
Veto 91 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (11) H91-Arts Commission, $243,896.
Ayes 39; Nays 5
Veto 92 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (12) H95-Museum Commission, $331,629.
Ayes 39; Nays 5
Veto 93 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (13) P12-Forestry Commission, $1,006,311.
Ayes 40; Nays 4
Veto 94 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (14) P20-Clemson University Public Service Activities, $2,753,047.
Ayes 41; Nays 3
Veto 95 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (16) P28-Department of Parks, Recreation & Tourism, $1,998,501.
Ayes 37; Nays 7
Veto 96 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (20) R40-Department of Motor Vehicles, $1,937,247.
Ayes 37; Nays 7
Veto 97 Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (26) R28-Department of Consumer Affairs, $118,098.
Ayes 37; Nays 7
Veto 98 Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased
Enforcement Collections, (38) E04-Lieutenant Governor, $19,773.
Ayes 40; Nays 4
Veto 99 Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased Enforcement Collections, (39) E08-Secretary of State, $68,086.
Ayes 37; Nays 7
Veto 100 Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased Enforcement Collections, (41) F03-Budget and Control Board, $2,661,363.
Ayes 37; Nays 7
Veto 101 Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased Enforcement Collections, (42) F27-Budget and Control Board - Auditor, $225,018.
Ayes 37; Nays 7
Veto 102 Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased Enforcement Collections, (47) J02 - Dept. of Health and Human Services: Columbia Urban League, $9,000.
Ayes 37; Nays 7
Veto 103 Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased Enforcement Collections, (48) J02 - Dept. of Health and Human Services: Greenville Urban League, $9,000.
Ayes 37; Nays 7
Veto 104 Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased Enforcement Collections, (54) P21 - SC State PSA, $152,013.
Ayes 37; Nays 7
Veto 105 Part IB, Section 1AA.1, Lottery Expenditure Account, page 315, LEA: Lottery Funds: $674,000 Department of Education - Governor's School for Science and Mathematics; and the remainder shall go to the Department of Education for the purchase and repair of school buses.
Ayes 38; Nays 6
Veto 106 Part IB, Section 1AA.1, Lottery Expenditure Account, pages 315-316, LEA: Lottery Funds: After the first $86,000,000 of lottery funds carried forward from the prior fiscal year are realized, the next $500,000 realized shall be appropriated to the State Board for Technical and Comprehensive Education for Spartanburg Technical College for the Cherokee County Campus. The next $1,000,000 realized shall be appropriated to the Governor's Office of Executive Policy and Programs for academic enrichment after-school programs administered by the South Carolina Alliance of Boys & Girls Clubs, Inc., and the next $250,000 realized shall be appropriated to Francis Marion University for the expansion of the Nursing Program, and the next $100,000 shall be appropriated to Chesterfield County School District. Any further amount realized shall be appropriated to the counties of this State in equal amounts not to exceed $50,000 per county for local library aid.
Ayes 38; Nays 6
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., May 27, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the following Vetoes by the Governor on H. 4925, R.333 by respective votes following each listed veto:
H. 4925, R. 333 --GENERAL APPROPRIATION ACT
Veto 27 Part IA, Section 11, Dept of Disabilities and Special Needs, Programs and Services, Regional Centers, page 100, Other Operating Expenses, $56,662.
Ayes 27; Nays 14
Veto 58 Part IB, Section 13.28, Department of Social Services, page 345, DSS: Child Care Services Providers Reimbursement Rates.
Ayes 22; Nays 21
Veto 67 Part IB, Section 27.19, Department of Commerce, page 357, CMRC: Local Government Fund Repayment.
Ayes 9; Nays 26
Veto 69 Part IB, Section 29A.1, S.C. Conservation Bank, pages 357-358, CB: Maintaining Database.
Ayes 14; Nays 29
Veto 72 Part IB, Section 50.19, Department of Labor Licensing Regulations, page 380, LLR: Funeral Home Inspectors.
Ayes 0; Nays 44
Veto 73 Part IB, Section 56DD.42, Governor’s Office, page 392, SLED-Video Poker.
Ayes 10; Nays 32
Veto 74 Part IB, Section 72.89, General Provisions, page 433, GP: Division of Aeronautics Transfer.
Ayes 0; Nays 40
Very respectfully,
President
Received as information.
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration:
Document No. 2901
Agency: Department of Social Services
Statutory Authority: 1976 Code Sections 43-1-80 and 20-7-2980 et seq.
Child Care Centers Licensing Regulations
Received by Speaker of the House of Representatives
June 1, 2004
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration September 28, 2004 (Subject to Sine Die Revision)
CONCURRENT RESOLUTION
The following was introduced:
H. 5392 -- Rep. Townsend: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE ELLEN H. HENDERSON FOR HER DEDICATION TO THE FIELD OF EDUCATION UPON HER RETIREMENT AS DIRECTOR OF MEMBER SERVICES FOR THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 5393 -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE EXTRAORDINARY HEROISM OF CORPORAL FREDDIE STOWERS AND TO HONOR HIM AS THE FIRST AFRICAN AMERICAN TO BE AWARDED THE MEDAL OF HONOR FOR WORLD WAR I OR WORLD WAR II.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
HOUSE RESOLUTION
The following was introduced:
H. 5394 -- Rep. Lourie: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE A. C. FLORA HIGH SCHOOL BOYS TENNIS TEAM AND HEAD COACH JOE BAILEY FOR WINNING THE 2004 STATE CLASS AAA TENNIS CHAMPIONSHIP.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 5395 -- Reps. G. M. Smith, G. Brown, Coates and Weeks: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE JOHN BRABHAM PRUDENTIAL REAL ESTATE FIRM OF SUMTER UPON ITS FIFTIETH ANNIVERSARY AND TO WISH IT MANY MORE YEARS OF CONTINUED SUCCESS.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 5396 -- Reps. J. E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON LEARNING OF THE DEATH OF JOSEPH EDGAR CROSLAND, JR. OF ATHENS, GEORGIA AND A NATIVE OF SOUTH CAROLINA, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 1259 -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 15 IN CLARENDON COUNTY FROM THE INTERSECTION WITH SOUTH CAROLINA HIGHWAY 261 TO THE BEGINNING OF THE ALTHEA GIBSON HIGHWAY THE "JUDGE REUBEN B. CLARK HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN CONTAINING THE WORDS "JUDGE REUBEN B. CLARK HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 1274 -- Senators McConnell, Ravenel, Mescher, Grooms, Ford and Drummond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BICYCLE-PEDESTRIAN LANE OF THE NEW ARTHUR RAVENEL, JR. BRIDGE THE GARRETT P. WONDERS MEMORIAL BICYCLE-PEDESTRIAN LANE, "WONDERS' WAY", IN MEMORY OF GARRETT PATRICK WONDERS OF GOOSE CREEK, AND TO REQUEST THAT APPROPRIATE SIGNS OR MARKERS BE POSTED SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE PASSIONATE AND GIFTED CYCLIST, NAVAL OFFICER, AND COMMUNITY LEADER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 1279 -- Senator McGill: A CONCURRENT RESOLUTION TO RECOGNIZE MINGO VERNON M. TANNER, CHIEF OF THE CHALOKLOWA CHICKASAW INDIAN PEOPLE OF INDIANTOWN, SOUTH CAROLINA, FOR HIS SIGNIFICANT CONTRIBUTIONS TO THE DEVELOPMENT OF THE STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES REGULATION, AND TO CONGRATULATE HIM ON HIS APPOINTMENT AS THE FIRST NATIVE AMERICAN INDIAN COMMISSIONER TO THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 1183 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT.
Referred to Committee on Ways and Means
S. 1277 -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TRUSTEES SHALL SUBMIT THE QUESTION TO THE QUALIFIED ELECTORS OF THE DISTRICT AT THE TIME OF THE GENERAL ELECTION.
Referred to Dorchester Delegation
S. 1278 -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TOTAL FULL TERM UNPAID BALANCE REMAINING ON ANY INDEBTEDNESS THAT A SCHOOL DISTRICT IS OBLIGATED TO PAY OVER ANY PERIOD MUST BE INCLUDED IN ITS GENERAL OBLIGATION DEBT.
Referred to Dorchester Delegation
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
|Altman |Anthony |Bailey |
|Bales |Barfield |Battle |
|Bingham |Bowers |Branham |
|Breeland |G. Brown |J. Brown |
|R. Brown |Cato |Ceips |
|Chellis |Clark |Clemmons |
|Clyburn |Cobb-Hunter |Coleman |
|Cooper |Cotty |Dantzler |
|Davenport |Delleney |Duncan |
|Edge |Emory |Freeman |
|Frye |Gilham |Hagood |
|Hamilton |Harrell |Harrison |
|Haskins |Hayes |Herbkersman |
|J. Hines |M. Hines |Hinson |
|Hosey |Howard |Huggins |
|Jennings |Keegan |Kennedy |
|Kirsh |Koon |Leach |
|Limehouse |Littlejohn |Lloyd |
|Lourie |Lucas |Mack |
|Mahaffey |Martin |McCraw |
|McGee |McLeod |Merrill |
|Miller |Moody-Lawrence |J. M. Neal |
|Neilson |Ott |Owens |
|Perry |Phillips |E. H. Pitts |
|M. A. Pitts |Rhoad |Rice |
|Richardson |Rivers |Sandifer |
|Scarborough |Scott |Simrill |
|Sinclair |Skelton |D. C. Smith |
|F. N. Smith |G. M. Smith |G. R. Smith |
|J. E. Smith |J. R. Smith |W. D. Smith |
|Snow |Stewart |Stille |
|Talley |Taylor |Thompson |
|Toole |Townsend |Tripp |
|Umphlett |Vaughn |Viers |
|Walker |Weeks |White |
|Whitmire |Wilkins |Witherspoon |
|Young | | |
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, June 1.
|Karl Allen |Teddy Trotter |
|Todd Rutherford |Richard Quinn |
|Anne Parks |Jerry Govan |
|Seth Whipper |Brenda Lee |
|Marty Coates |Lewis E. Pinson |
|Dwight Loftis |Joseph Neal |
Total Present--121
ORDERED TO THIRD READING
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1193 -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF MCCORMICK COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN MCCORMICK COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
S. 1194 -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF EDGEFIELD COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN EDGEFIELD COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
S. 891 -- Senator Richardson: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.
Rep. TRIPP explained the Bill.
S. 638 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-45 SO AS TO PROVIDE FOR FUNDING OF COUNTY VETERANS AFFAIRS OFFICES FROM APPROPRIATED MONIES DIRECTLY PAYABLE FROM THE STATE TREASURER TO EACH COUNTY OFFICE INSTEAD OF THROUGH THE OFFICE OF THE GOVERNOR.
Rep. HARRELL explained the Bill.
S. 1219--AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up:
S. 1219 -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 44-7-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO MAKE THE APPOINTMENTS TO THE BOARD AND PROVIDE THAT THE GOVERNING BODIES OF ORANGEBURG AND CALHOUN COUNTIES SHALL MAKE THE APPOINTMENTS ACCORDING TO THE PRO RATA METHOD PRESCRIBED IN THIS SECTION.
Reps. GOVAN and OTT proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3977DW04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 17, Chapter 7, Title 44 of the 1976 Code is repealed.
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
S. 604--OBJECTION WITHDRAWN
Rep. WALKER withdrew his objection to S. 604; however, other objections remained on the Bill.
H. 4720--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE
The Senate amendments to the following Bill were taken up for consideration:
H. 4720 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 26, SO AS TO ENACT THE UNIFORM ELECTRONIC TRANSACTIONS ACT, PROVIDING FOR DEFINITIONS, LEGAL EFFECT AND ENFORCEABILITY OF AN ELECTRONIC RECORD AND SIGNATURE, CHANGES OR ERRORS IN TRANSMISSION OF AN ELECTRONIC RECORD, COMPLIANCE OF AN ELECTRONIC RECORD OR SIGNATURE WITH OTHER LAWS AFFECTING VALIDITY OR RETENTION OR RECEIPT OF A RECORD OR SIGNATURE, USE OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, PROMULGATION OF REGULATIONS BY THE BUDGET AND CONTROL BOARD TO ENHANCE THE UTILIZATION OF ELECTRONIC RECORDS AND SIGNATURES, AND DEVELOPMENT BY THE SECRETARY OF STATE OF MODEL PROCEDURES AND PROMULGATION OF REGULATIONS FOR SECURE ELECTRONIC TRANSACTIONS, INCLUDING LICENSING OF THIRD PARTIES; TO MAKE THE COMPUTER CRIME ACT APPLICABLE TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AND TO REPEAL CHAPTER 5 OF TITLE 26, THE SOUTH CAROLINA ELECTRONIC COMMERCE ACT.
Rep. HARRISON proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\3972MM04), which was adopted:
Amend the bill, as and if amended, by Section 26-6-190(C)(3) and (4) as contained in SECTION 1, page 12, by inserting after / Postmark / at the end of lines 32 and 36:
/ in a manner approved by the South Carolina Supreme Court /.
Amend further, beginning on page 12 and line 40, by deleting in its entirety Section 26-6-195 as contained in SECTION 1, and inserting:
/ Section 26-6-195. Notwithstanding any other provisions in this chapter, a governmental agency may use, in accordance with policies and procedures developed by the South Carolina Budget and Control Board and as circumstances allow, in order to perfect service of process of any communication, an e-mail address from any vendor, entity, or individual the governmental agency regulates or does business with, or an e-mail address from the agent for service of process of that vendor, entity, or individual. Such communication postmarked by a United States Postal Service Electronic Postmark shall have the same force of law as the United States Post Office certified mail-return receipt requested. The South Carolina Budget and Control Board shall devise policies and procedures for the use of the United States Postal Service Electronic Postmark in respect to state agencies and operations. These policies and procedures, where necessary, must consider the persons or entities which do not have an e-mail address. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
S. 532--DEBATE ADJOURNED
The following Joint Resolution was taken up:
S. 532 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Rep. CLEMMONS moved to adjourn debate on the Joint Resolution.
Rep. SCOTT moved to table the motion.
Rep. HARRISON demanded the yeas and nays which were taken, resulting as follows:
Yeas 50; Nays 61
Those who voted in the affirmative are:
|Anthony |Bales |Battle |
|Branham |G. Brown |J. Brown |
|R. Brown |Clyburn |Cobb-Hunter |
|Coleman |Delleney |Freeman |
|Frye |Gourdine |Govan |
|M. Hines |Hinson |Hosey |
|Howard |Huggins |Jennings |
|Keegan |Kennedy |Kirsh |
|Koon |Loftis |Lucas |
|McGee |McLeod |Miller |
|Moody-Lawrence |J. M. Neal |Neilson |
|Ott |Perry |Phillips |
|M. A. Pitts |Rhoad |Richardson |
|Rivers |Rutherford |Scott |
|Simrill |G. M. Smith |J. E. Smith |
|Snow |Talley |Thompson |
|Vaughn |Weeks | |
Total--50
Those who voted in the negative are:
|Altman |Bailey |Barfield |
|Bingham |Bowers |Breeland |
|Cato |Ceips |Chellis |
|Clark |Clemmons |Cooper |
|Cotty |Dantzler |Davenport |
|Duncan |Edge |Gilham |
|Hagood |Hamilton |Harrell |
|Harrison |Haskins |Hayes |
|Herbkersman |J. Hines |Leach |
|Limehouse |Littlejohn |Lourie |
|Mack |Mahaffey |Martin |
|McCraw |Merrill |Owens |
|Pinson |E. H. Pitts |Rice |
|Sandifer |Scarborough |Sinclair |
|Skelton |D. C. Smith |G. R. Smith |
|J. R. Smith |W. D. Smith |Stewart |
|Stille |Taylor |Toole |
|Townsend |Tripp |Trotter |
|Umphlett |Viers |Walker |
|White |Whitmire |Wilkins |
|Witherspoon | | |
Total--61
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to.
RECORD FOR VOTING
I wish to note that I mistakenly voted to table the motion to adjourn debate on S. 532. It was my intention to adjourn debate on this measure.
Rep. Tom Keegan
S. 1071--RETURNED TO THE SENATE WITH AMENDMENTS
The motion of Rep. CATO to reconsider the vote whereby the following Bill was given a second reading was taken up:
S. 1071 -- Senators Ritchie and Richardson: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE THE IDENTITY OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.
Rep. HARRISON moved to table the motion to reconsider.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Yeas 78; Nays 35
Those who voted in the affirmative are:
|Altman |Bales |Battle |
|Bingham |Bowers |Branham |
|Breeland |G. Brown |J. Brown |
|R. Brown |Clark |Clyburn |
|Cobb-Hunter |Coleman |Cotty |
|Delleney |Duncan |Emory |
|Freeman |Gilham |Gourdine |
|Govan |Hagood |Hamilton |
|Harrell |Harrison |Haskins |
|Hayes |Herbkersman |J. Hines |
|M. Hines |Hinson |Hosey |
|Howard |Jennings |Kennedy |
|Kirsh |Limehouse |Littlejohn |
|Lourie |Lucas |Mack |
|Martin |McGee |McLeod |
|Merrill |Miller |Moody-Lawrence |
|J. M. Neal |Neilson |Parks |
|Phillips |Pinson |E. H. Pitts |
|M. A. Pitts |Quinn |Richardson |
|Rivers |Rutherford |Scarborough |
|Scott |Simrill |Sinclair |
|Skelton |G. M. Smith |J. E. Smith |
|W. D. Smith |Snow |Talley |
|Taylor |Thompson |Toole |
|Townsend |Tripp |Umphlett |
|Vaughn |Weeks |Young |
Total--78
Those who voted in the negative are:
|Anthony |Bailey |Barfield |
|Cato |Ceips |Chellis |
|Clemmons |Cooper |Dantzler |
|Davenport |Edge |Frye |
|Huggins |Keegan |Koon |
|Loftis |Mahaffey |McCraw |
|Owens |Perry |Rhoad |
|Rice |Sandifer |D. C. Smith |
|G. R. Smith |J. R. Smith |Stewart |
|Stille |Trotter |Viers |
|Walker |White |Whitmire |
|Wilkins |Witherspoon | |
Total--35
So, the motion to reconsider was tabled.
The Bill was read the third time and ordered returned to the Senate with amendments.
MOTION PERIOD
The motion period was dispensed with on motion of Rep. DELLENEY.
S. 720--DEBATE ADJOURNED
Rep. WITHERSPOON moved to adjourn debate upon the following Bill, which was adopted:
S. 720 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.
H. 4653--DEBATE ADJOURNED
Rep. W. D. SMITH moved to adjourn debate upon the following Bill until Wednesday, June 2, which was adopted:
H. 4653 -- Reps. W. D. Smith, Wilkins and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA PARENTAL RESPONSIBILITIES ACT OF 2004"; BY ADDING SECTION 59-63-205 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL ADOPT A STUDENT DISCIPLINE POLICY AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-230 SO AS TO PROVIDE THAT IF A PARENT FAILS TO ATTEND A SCHOOL'S THIRD REQUEST FOR A CONFERENCE TO DISCUSS THE CHILD'S ACADEMIC PROGRESS OR VIOLATION OF SCHOOL RULES, THE DISTRICT SUPERINTENDENT, UPON CERTAIN CONDITIONS, MAY REQUEST THAT THE MAGISTRATE ISSUE A SUBPOENA TO COMPEL THE PRESENCE OF THE PARENT AND TO PROVIDE PENALTIES; BY ADDING SECTION 59-28-240 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR APPROPRIATE SCHOOL PERSONNEL WHO WORK WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION SHALL ADOPT PROGRAM APPROVAL STANDARDS FOR STUDENTS PURSUING A COLLEGE OR UNIVERSITY PROGRAM IN INSTRUCTIONAL OR ADMINISTRATIVE PERSONNEL SHALL COMPLETE TRAINING IN WORKING WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; BY ADDING ARTICLE 6, CHAPTER 65, TITLE 59 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES AND EACH SCHOOL SHALL ADOPT A TRUANCY POLICY, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH PROCEDURES TO ALLOW A STUDENT TO ENROLL IN ALTERNATIVE OR ADULT EDUCATION PROGRAMS TO PREVENT FURTHER TRUANCY, TO PROVIDE FOR THE DEVELOPMENT OF PARENT RESPONSIBILITY PROGRAMS TO ADDRESS NONATTENDANCE PROBLEMS; TO AMEND SECTION 59-65-20, RELATING TO PENALTIES FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO INCREASE THE FINE FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 59-65-50, RELATING TO NON ATTENDANCE REPORTED TO THE COURT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SHALL NOTIFY STUDENTS AND PARENTS OR GUARDIANS OF STATE ATTENDANCE LAWS AND PENALTIES; TO PROVIDE THAT PARENTS MUST BE NOTIFIED OF CERTAIN ABSENCES AND SHALL WORK WITH THE DISTRICT TO FORMULATE AN INTERVENTION PLAN; TO PROVIDE FOR TRANSFER OF DOCUMENTS AND PLANS IF THE STUDENT TRANSFERS; AND TO PROVIDE FOR REFERRAL OF THE CASE TO THE SOLICITOR, UPON CERTAIN CONDITIONS, WHEN THE CHILD HAS TEN OR MORE UNLAWFUL ABSENCES; TO AMEND SECTION 59-65-60, RELATING TO THE COURT'S PROCEDURE UPON RECEIPT OF THE REPORT OF NONATTENDANCE, SO AS TO PROVIDE THAT FURTHER ACCUMULATION AFTER TEN UNLAWFUL ABSENCES MUST BE TOLLED UNTIL THE FAMILY COURT HEARING; TO PROVIDE THE TIMELINE AND PROCEDURE FOR REPORTING THE ABSENCES TO THE SOLICITOR, FILING THE COMPLAINT, SERVING THE COMPLAINT, AND HOLDING THE HEARING; TO PROVIDE FOR AN ATTENDANCE ORDER AND A REVISION OF THE INTERVENTION PLAN; TO PROVIDE THAT A PARENT OR GUARDIAN WHO FAILS TO COMPLY WITH THE ATTENDANCE ORDER IS GUILTY OF CONTEMPT WITH CERTAIN EXCEPTIONS AND TO PROVIDE PENALTIES; TO PROVIDE WHEN THE COURT MAY DECLARE A CHILD A TRUANT, ADJUDICATE A CHILD AS A STATUS OFFENDER, AND SUBJECT A CHILD TO APPROPRIATE PROVISIONS OF LAW; AND TO PROVIDE FOR OPTIONS WHEN A CHILD IS FOUND TO BE A HABITUAL TRUANT; BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT THE CHIEF JUDGE FOR ADMINISTRATIVE PURPOSES IN EACH CIRCUIT SHALL SCHEDULE AT LEAST TWO DAYS A MONTH FOR A JUDGE IN A FAMILY COURT TO HEAR TRUANCY CASES; TO AMEND SECTION 56-1-176, AS AMENDED, RELATING TO CONDITIONS FOR ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A STUDENT FAILS TO MEET THE EXPULSION REQUIREMENTS, THE SCHOOL DISTRICT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES, WHO MAY SUSPEND THE STUDENT'S DRIVER'S LICENSE; TO AMEND SECTION 59-65-10, AS AMENDED, RELATING TO A PARENT'S RESPONSIBILITY TO CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO INCREASE THE AGE UNTIL WHICH A CHILD SHALL ATTEND SCHOOL FROM SEVENTEEN TO EIGHTEEN; AND TO REPEAL SECTION 59-65-70 RELATING TO WHEN A COURT MAY DECLARE A CHILD DELINQUENT.
S. 548--AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up:
S. 548 -- Senator Martin: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE CRIMINAL JUSTICE ORGANIZATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21284SD04), which was adopted:
Amend the bill, as and if amended, by striking subsection (A) of Section 40-71-10 of the 1976 Code, as contained in SECTION 1, and inserting:
/ (A) ‘Professional society’ as used in this chapter includes legal, medical, osteopathic, optometric, chiropractic, psychological, dental, accounting, pharmaceutic, and engineering organizations having as members at least a majority of the eligible licentiates in the area served by the particular society and any foundations composed of members of these societies. It also includes the South Carolina Law Enforcement Accreditation Program. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Yeas 102; Nays 0
Those who voted in the affirmative are:
|Altman |Anthony |Bailey |
|Bales |Barfield |Battle |
|Bingham |Bowers |Branham |
|Breeland |G. Brown |J. Brown |
|Ceips |Chellis |Clark |
|Clemmons |Clyburn |Cobb-Hunter |
|Cooper |Cotty |Dantzler |
|Davenport |Delleney |Duncan |
|Edge |Emory |Freeman |
|Frye |Govan |Hagood |
|Hamilton |Harrell |Harrison |
|Haskins |Hayes |Herbkersman |
|J. Hines |M. Hines |Hinson |
|Hosey |Huggins |Jennings |
|Keegan |Kirsh |Koon |
|Leach |Limehouse |Littlejohn |
|Loftis |Lourie |Lucas |
|Mack |Mahaffey |Martin |
|McCraw |McGee |McLeod |
|Merrill |Miller |Moody-Lawrence |
|J. M. Neal |Neilson |Ott |
|Owens |Perry |Phillips |
|Pinson |E. H. Pitts |M. A. Pitts |
|Quinn |Rhoad |Rice |
|Richardson |Rivers |Sandifer |
|Scarborough |Simrill |Sinclair |
|Skelton |D. C. Smith |G. M. Smith |
|G. R. Smith |J. R. Smith |W. D. Smith |
|Snow |Stewart |Talley |
|Taylor |Thompson |Toole |
|Townsend |Tripp |Trotter |
|Umphlett |Vaughn |Viers |
|Walker |Weeks |White |
|Whitmire |Wilkins |Young |
Total--102
Those who voted in the negative are:
Total--0
So, the Bill, as amended, was read the second time and ordered to third reading.
S. 458--AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up:
S. 458 -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.
Rep. QUINN proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7348AHB04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately number SECTION to read:
/ SECTION ___. Chapter 78, Title 15 of the 1976 Code is amended by adding:
“Section 15-78-210. (A) As used in this section:
(1) ‘Teacher’ means a:
(a) licensed teacher, principal, administrator, or other educational professional who works on school grounds;
(b) professional or non-professional employee who works on school grounds and has responsibility for maintaining order, discipline, or ensuring safety; and
(c) school employee who, in an emergency, is called upon to maintain order, discipline, or to ensure safety.
(2) ‘School’ means a public or private kindergarten, public or private elementary school, public or private middle school or junior high, public or private high school, vocational school, secondary school, or home school that includes students not related by blood to the operator.
(3) ‘Student’ means a person enrolled at a school in the State of South Carolina.
(B) A teacher may bring a civil action against a student who commits a criminal offense against the teacher if the offense occurs on school grounds or at a school sponsored event. Nothing in this subsection is intended to limit the civil remedies available to another party as a result of the same criminal act.
(c) Except as otherwise provided in this subsection, no teacher has civil liability to a student or a party acting in the interest of a student for an act or omission by the teacher that occurs while the teacher is acting on behalf of the school if the:
(1) teacher was acting within the scope of the teacher’s employment;
(2) actions of the teacher violated no state, local, or federal law including regulations set forth by the individual district or school;
(3) acts or omissions were not the result of wilful or intentional conduct or gross negligence;
(4) acts or omissions were not the result of the teacher operating a motor vehicle or watercraft; and
(5) actions of the teacher do not constitute a violation of the student’s civil rights.” /
Renumber sections to conform.
Amend title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
Rep. WHIPPER proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\22745HTC04), which was tabled:
Amend the bill, as and if amended, Section 20-1-15 (C) as contained in SECTION 2, page 458-4, by striking Section 20-1-15(C) and inserting:
/ (C) Marriage in this State and its political subdivisions is exclusively defined as a union between one man and one woman where the man and woman have certified their intentions to be married by acquiring a lawfully issued marriage license. /
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER moved to table the amendment, which was agreed to.
Rep. WHIPPER proposed the following Amendment No. 5 (Doc Name COUNCIL\GGS\22746HTC04), which was tabled:
Amend the bill, as and if amended, Section 20-1-15 (C) as contained in SECTION 2, page 458-4, by striking Section 20-1-15(C) and inserting:
/ (C) Marriage in this State and its political subdivisions is exclusively defined as a union between one man and one woman after December 31, 2005, where the man and woman have certified their intentions to be married by acquiring a lawfully issued marriage license. /
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Yeas 91; Nays 20
Those who voted in the affirmative are:
|Altman |Anthony |Bailey |
|Bales |Barfield |Battle |
|Bingham |Cato |Ceips |
|Chellis |Clark |Clemmons |
|Clyburn |Coleman |Cooper |
|Cotty |Dantzler |Davenport |
|Delleney |Duncan |Edge |
|Emory |Freeman |Frye |
|Gilham |Hagood |Hamilton |
|Harrell |Harrison |Hayes |
|Hinson |Huggins |Keegan |
|Koon |Leach |Limehouse |
|Littlejohn |Loftis |Lourie |
|Lucas |Mahaffey |Martin |
|McCraw |McGee |McLeod |
|Merrill |Miller |Moody-Lawrence |
|J. M. Neal |Neilson |Ott |
|Owens |Parks |Perry |
|Phillips |Pinson |E. H. Pitts |
|M. A. Pitts |Quinn |Rhoad |
|Rice |Sandifer |Scarborough |
|Simrill |Sinclair |Skelton |
|D. C. Smith |G. M. Smith |G. R. Smith |
|J. R. Smith |W. D. Smith |Snow |
|Stewart |Stille |Talley |
|Taylor |Thompson |Toole |
|Townsend |Tripp |Trotter |
|Umphlett |Vaughn |Viers |
|Walker |Whipper |White |
|Whitmire |Wilkins |Witherspoon |
|Young | | |
Total--91
Those who voted in the negative are:
|Bowers |Breeland |G. Brown |
|J. Brown |R. Brown |Cobb-Hunter |
|Gourdine |Govan |J. Hines |
|M. Hines |Hosey |Jennings |
|Kennedy |Kirsh |Mack |
|Richardson |Rivers |Rutherford |
|Scott |Weeks | |
Total--20
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. ANTHONY moved that the House recede until 2:30 p.m., which was agreed to.
THE HOUSE RESUMES
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
LEAVE OF ABSENCE
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
LEAVE OF ABSENCE
The SPEAKER granted Rep. OWENS a leave of absence for the remainder of the day.
ACTING SPEAKER COATES IN CHAIR
POINT OF QUORUM
The question of a quorum was raised.
A quorum was later present.
SPEAKER IN CHAIR
S. 604--RECOMMITTED
The following Bill was taken up:
S. 604 -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\12577AC04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:
“Section 59-63-80. (A) As used in this section ‘asthma medication’ includes a prescribed, inhaled asthma medication and a prescribed epinephrine auto-injector. ‘Diabetes medication and testing supplies’ means prescribed testing equipment and supplies, oral medication, and any insulin delivery system used to treat hypoglycemia and hyperglycemia. ‘Anaphylaxis medication’ means a prescribed epinephrine auto-injector or inhaler used to treat anaphylaxis.
(B) Each school district shall adopt a policy authorizing a student to self-administer asthma medication and/or attend to the care and management of the student’s diabetes and to possess on his or her person at all times all necessary diabetes medication and testing supplies and equipment to perform diabetes monitoring and treatment functions and/or to possess on his or her person at all times an epinephrine auto-injector or inhaler to treat anaphylaxis. The policy must include, but is not limited to:
(1) a requirement that the student’s parent or guardian provide to the school:
(a) written authorization for the student to self-administer asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis; and
(b) a written statement from the student’s health care practitioner who prescribed the asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis verifying that the student has asthma and/or diabetes and/or an allergy that could result in an anaphylactic reaction and has been instructed in self-administration of asthma medications and/or in self-administration of diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis;
(2) authorization for a student to possess on his or her person and administer asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis while:
(a) in the classroom and in any area of the school or school grounds;
(b) at a school-sponsored activity;
(c) in transit to or from school or school-sponsored activities;
(d) during before-school or after-school activities on school-operated property.
(C) The statements required in subsection (B)(1) must be kept on file in the office of the school nurse or school administrator.
(D)(1) The State Department of Education shall develop guidelines for a written student asthma management plan, a written student diabetes management plan, and for a written student anaphylaxis plan, which must be signed by:
(a) the student’s health care practitioner who prescribed the asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis;
(b) the school nurse or other school staff;
(c) the parent or guardian; and
(d) the student, if appropriate.
(2) The management plan for the epinephrine auto-injector must be established and approved through the school district’s process pursuant to Section 504 of the Rehabilitation Act of 1973.
(3) The parent or guardian and the student, if appropriate, shall authorize the school to share the student’s asthma management plan and/or the students’ diabetes management plan and/or the student’s anaphylaxis management plan with school staff who have a legitimate need for knowledge of the information.
(E) Asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis authorized to be carried by the student must be maintained in a container appropriately labeled by the pharmacist who filled the prescription.
(F) A student’s permission to self-administer asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis may be revoked if the student endangers himself or others through misuse of the asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis.
(G) The permission for self-administration of asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis is effective for the school year in which it is granted and must be renewed each school year upon fulfilling the requirements of this section.
(H) A parent or guardian shall sign a statement acknowledging that:
(1) the school district and its employees and agents are not liable for an injury arising from a student’s self-administration of asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis;
(2) the parent or guardian shall indemnify and hold harmless the district and its employees and agents against a claim arising from a student’s self-administration of asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis.”
Section 59-63-90. The State Department of Education shall develop a notice to be sent to the parents or guardians of all students that notifies them of the right of students with qualifying disabilities to accommodation plans pursuant to Section 504 of the Rehabilitation Act of 1973. Each school district in the State shall be responsible for ensuring that this notice is sent at the beginning of every school year to the parent or guardian of every student in the district.
SECTION 2. Section 15-78-60 of the 1976 Code, as last amended by Act 407 of 2000, is further amended by adding an appropriately numbered item to read:
“( ) an injury a student may sustain as a result of self-administering asthma medications and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis or for an injury that a student may sustain from taking or using asthma medications and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis for which the student does not have a prescription or does not have authorization by the school district;”
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. MACK explained the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. ANTHONY moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. MACK moved to table the motion.
Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:
Yeas 22; Nays 76
Those who voted in the affirmative are:
|Breeland |R. Brown |Dantzler |
|Davenport |Hamilton |Harrison |
|Keegan |Mack |Mahaffey |
|McGee |Perry |Rutherford |
|Sandifer |Scott |Simrill |
|Sinclair |G. R. Smith |W. D. Smith |
|Umphlett |Whipper |White |
|Whitmire | | |
Total--22
Those who voted in the negative are:
|Allen |Altman |Anthony |
|Bailey |Bales |Battle |
|Bingham |Bowers |Branham |
|G. Brown |Cato |Ceips |
|Chellis |Clark |Clemmons |
|Clyburn |Cobb-Hunter |Coleman |
|Cotty |Delleney |Duncan |
|Emory |Freeman |Frye |
|Gilham |Govan |Harrell |
|Hayes |J. Hines |Hinson |
|Hosey |Huggins |Jennings |
|Kennedy |Kirsh |Koon |
|Leach |Lee |Littlejohn |
|Loftis |Lourie |Lucas |
|Martin |McCraw |McLeod |
|Merrill |Miller |Moody-Lawrence |
|J. H. Neal |J. M. Neal |Ott |
|Pinson |E. H. Pitts |M. A. Pitts |
|Rice |Richardson |Rivers |
|Scarborough |Skelton |D. C. Smith |
|G. M. Smith |J. E. Smith |J. R. Smith |
|Snow |Stille |Talley |
|Taylor |Thompson |Toole |
|Townsend |Trotter |Vaughn |
|Weeks |Wilkins |Witherspoon |
|Young | | |
Total--76
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill, which was agreed to.
S. 988--COMMITTED
The following Bill was taken up:
S. 988 -- Transportation Committee: A BILL TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE, AND TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10351SJ04):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 56-1-176 of the 1976 Code, as last amended by Act 181 of 2002, is further amended to read:
“Section 56-1-176. (A) School attendance is a condition for the issuance or reinstatement of a beginner’s permit, a conditional driver’s license, and a special restricted driver’s license, and a regular driver’s license for a person who is less than seventeen years of age. By applying for a beginner’s permit, a conditional driver’s license, a special restricted driver’s license, or a regular driver’s license, a person less than seventeen years of age consents to the release of his high school attendance records by the school district to the Department of Motor Vehicles for purposes of this section. The Department of Motor Vehicles may not issue or reinstate a beginner’s permit, conditional driver’s license, or a special restricted driver’s license, or a regular driver’s license to a person less than seventeen years of age pursuant to Section 56-1-40, Section 56-1-50, Section 56-1-175, or Section 56-1-180 unless the person:
(1) has a high school diploma or a certificate of attendance, or a General Education Development Diploma; or
(2) is enrolled in a public or private school or is home schooled under the provisions contained in Section 59-65-40, 59-65-45, or 59-65-47, or is enrolled in and is making progress toward completion of a program leading to a General Educational Development Diploma and:
(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and
(b) the person is not suspended or expelled from school.
(B) Documentation of enrollment status must be presented to the Department of Motor Vehicles by the applicant on a form developed in consultation with the State Department of Education, the Department of Motor Vehicles, and individuals to represent the private and home school entities and approved by the department Department of Motor Vehicles. The documentation must indicate whether the student is in compliance with the requirements as provided in subsection (A). The appropriate public or private school official or home school association shall provide the form to the applicant upon request.
(C) The board of trustees of the school district or its designee, the governing body of a private school, and an official of a home school association shall notify a student and the parent or guardian of the student who is at least fifteen but less than seventeen years of age when the student has accumulated seven unexcused absences. This notification must include information regarding the requirements of this section.
(D) Whenever a student who is at least fifteen but less than seventeen years of age is chronically truant from school, the appropriate school official shall notify the student’s parent or guardian not later than five school days from the date in which the person is considered truant. For the purposes of this section, ‘chronically truant’ means having more than ten days’ unexcused absences during one semester or more than fifteen total days’ unexcused absences during a school year. The parent or guardian shall have ten days from the date the notice was sent to petition the appropriate school official for a waiver pursuant to subsection (E). For any student not granted a waiver pursuant to subsection (E), the appropriate school official shall notify the Department of Motor Vehicles, electronically whenever possible, of the truancy. Within five days of receipt of the notice, the Department of Motor Vehicles shall send notice to the licensee’s parent or guardian that the beginner’s permit, a conditional driver’s license, a special restricted driver’s license, or a regular driver’s license will be suspended under the provisions of this section on the twentieth day following the date the notice was sent.
(E) A student’s parent or guardian may petition for a waiver of the requirements of this section if the student has a personal or family hardship that requires that the student have a driver’s license. For purposes of this section, a personal or family hardship means a medical condition of the student or a member of his immediate family that requires that he maintain a driver’s license to receive or transport an immediate family member for treatments, or employment requiring the student to maintain a driver’s license to support himself or his immediate family. The student’s parent or guardian has the burden of demonstrating the need for a waiver. In considering any such petition, the appropriate official shall take into account the recommendations of physicians, teachers, other school officials, guidance counselors, or academic advisors prior to granting a waiver to the requirements of this section.
(F) A person whose permit or license has been suspended pursuant to this section may not have his permit or license reinstated until that person successfully has complied with the requirements of subsection (A)(2) of this section for a full school semester subsequent to the semester during which the person’s permit or license was suspended. If a person has complied with the requirements of subsection (A)(2) for a full semester, he may petition, in writing, for reinstatement of his permit or license to the board of trustees of the school district or its designee, the governing body of the private school, or the home school association. Upon determining that the person is in compliance with this subsection, the board or governing body or association shall notify the Department of Motor Vehicles, electronically whenever possible, and the Department of Motor Vehicles shall reinstate the person’s permit or license.
(G) Pursuant to State Board of Education Regulation, 24 South Carolina Code Annotated Regulation 43-274, a student between the ages of sixteen and seventeen years who has been through the school intervention process, has reached the level of a habitual truant, has been referred to family court and placed on an order to attend school, and continues to accumulate unlawful absences will be deemed a ‘chronic’ truant. A family court judge having jurisdiction over his case may issue a court order suspending a student’s license in accordance with this section.
(H) At the beginning of each school year, the board of trustees of the school district or its designee, the governing body of a private school, and an official of a home school association must notify students and parents or guardians of the requirements of this section.
(I) If any section, subsection, paragraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.”
SECTION 2. This act takes effect on August 1, 2004. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
SPEAKER PRO TEMPORE IN CHAIR
Rep. WALKER continued speaking.
SPEAKER IN CHAIR
Rep. TRIPP moved to commit the Bill to the Committee on Ways and Means.
Rep. TOWNSEND moved to table the motion, which was rejected by a division vote of 11 to 48.
The question then recurred to the motion to commit the Bill to the Committee on Ways and Means, which was agreed to.
RECURRENCE TO THE MORNING HOUR
Rep. TRIPP moved that the House recur to the Morning Hour, which was agreed to.
HOUSE RESOLUTION
The following was introduced:
H. 5397 -- Reps. McCraw, Phillips and Littlejohn: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND DR. ANGELA LYON HINTON, PRINCIPAL OF THE CORINTH ELEMENTARY SCHOOL IN GAFFNEY FOR HER WONDERFUL LEADERSHIP OF THIS OUTSTANDING SCHOOL SINCE 2000 AS SHE LEAVES CORINTH TO BECOME PRINCIPAL OF WESTVIEW ELEMENTARY SCHOOL IN SPARTANBURG COUNTY SCHOOL DISTRICT 6.
The Resolution was adopted.
CONCURRENT RESOLUTION
The following was introduced:
H. 5398 -- Rep. Rivers: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND LOUISE GARVIN HOPKINS FOR HER DEDICATED SERVICE TO HAMPTON COUNTY AND FOR HER ROLE AS A FOSTER CARE MOTHER AND TO EXTEND BEST WISHES TO HER IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 5399 -- Reps. Govan, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION TO COMMEND MR. JOEY R. PRESTON, ANDERSON COUNTY ADMINISTRATOR, FOR HIS OUTSTANDING SUCCESS AS A COUNTY ADMINISTRATOR, VALUABLE ASSISTANCE AND ADVICE HE HAS GIVEN THE LEGISLATIVE BLACK CAUCUS IN THE AREA OF ECONOMIC DEVELOPMENT, AND FOR BEING ONE OF THE MOST INNOVATIVE AND EFFECTIVE LOCAL GOVERNMENT OFFICIALS IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 5400 -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. ROBERT E. DENNIS, PASTOR OF CEDAR GROVE BAPTIST CHURCH IN SIMPSONVILLE, ON HIS THIRTY-FIVE YEARS AT CEDAR GROVE AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
S. 532--ORDERED ENROLLED FOR RATIFICATION
The following Joint Resolution was taken up:
S. 532 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1, Article VIII-A of the Constitution of this State be amended to read:
“Section 1. In the exercise of the police power the General Assembly shall have has the right to prohibit and to regulate the manufacture, and sale, and retail of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture, and sell, and retail alcoholic liquors or beverages within the State under such the rules and restrictions as it deems considers proper;, including the right to sell alcoholic liquors or beverages in containers of such size as the General Assembly considers appropriate. or the The General Assembly may prohibit the manufacture, and sale, and retail of alcoholic liquors and beverages within the State, and may authorize and empower state, county, and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems considers expedient. Provided However, that no a license shall must not be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o’clock p. m. and nine o’clock a. m., or to sell them to be drunk on the premises; provided, further however, that the General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same alcoholic liquors or beverages. Provided, further However, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in on the premises of businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on the premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide.”
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
“Must Section 1, Article VIII-A of the Constitution of this State, relating to the powers of the General Assembly pertaining to alcoholic liquors and beverages, be amended so as to authorize the General Assembly to determine the size of containers in which alcoholic liquors or beverages are sold and to delete the provision requiring the sale of alcoholic liquors for consumption on the premises only in sealed containers of two ounces or less?
Yes □
No □”
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word ‘yes’, and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word ‘no’.
Rep. SCOTT spoke against the Joint Resolution.
Rep. KEEGAN spoke in favor of the Joint Resolution.
Rep. SKELTON spoke in favor the Joint Resolution.
Rep. LEACH spoke in favor of the Joint Resolution.
Rep. COLEMAN spoke against the Joint Resolution.
Rep. COTTY spoke in favor of the Joint Resolution.
Rep. WITHERSPOON spoke in favor of the Joint Resolution.
Rep. MACK spoke in favor of the Joint Resolution.
Rep. KENNEDY spoke against the Joint Resolution.
Rep. RUTHERFORD spoke against the Joint Resolution.
Rep. HARRELL spoke in favor of the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Yeas 84; Nays 25
Those who voted in the affirmative are:
|Altman |Bailey |Bales |
|Barfield |Battle |Bingham |
|Bowers |Breeland |G. Brown |
|Cato |Ceips |Chellis |
|Clark |Clemmons |Clyburn |
|Coates |Cobb-Hunter |Cooper |
|Cotty |Dantzler |Davenport |
|Delleney |Duncan |Edge |
|Emory |Freeman |Gilham |
|Hagood |Hamilton |Harrell |
|Harrison |Haskins |Herbkersman |
|J. Hines |Hinson |Hosey |
|Howard |Huggins |Keegan |
|Leach |Lee |Littlejohn |
|Lourie |Lucas |Mack |
|Mahaffey |McCraw |McLeod |
|Merrill |Miller |J. M. Neal |
|Neilson |Ott |Parks |
|Pinson |E. H. Pitts |Rice |
|Sandifer |Scarborough |Sinclair |
|Skelton |D. C. Smith |G. R. Smith |
|J. R. Smith |W. D. Smith |Snow |
|Stewart |Stille |Talley |
|Taylor |Thompson |Toole |
|Townsend |Tripp |Trotter |
|Umphlett |Vaughn |Viers |
|Walker |Whipper |White |
|Whitmire |Wilkins |Witherspoon |
Total--84
Those who voted in the negative are:
|Anthony |Branham |J. Brown |
|R. Brown |Coleman |Frye |
|Govan |Hayes |Jennings |
|Kennedy |Kirsh |Koon |
|Lloyd |Loftis |McGee |
|Moody-Lawrence |J. H. Neal |M. A. Pitts |
|Richardson |Rivers |Rutherford |
|Scott |Simrill |J. E. Smith |
|Weeks | | |
Total--25
So, the Joint Resolution was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
STATEMENT FOR THE JOURNAL
My vote against S. 532 was because of my belief that the State will lose revenues for alcohol abuse programs. To adjust these taxes at a latter date will be fought by the liquor lobby.
Rep. Dwight Loftis
MOTION PERIOD
The motion period was dispensed with on motion of Rep. MERRILL.
S. 720--AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up:
S. 720 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.
Rep. WITHERSPOON proposed the following Amendment No. 22 (Doc Name COUNCIL\BBM\10398SJ04), which was adopted:
Amend the bill, as and if amended, by deleting SECTIONS 2, 3, and 4 in their entirety and inserting:
/ SECTION 2. Chapter 59 of Title 44 of the 1976 Code, as contained in SECTION 1, takes effect upon approval by the Governor and upon enactment of a comparable act by the State of North Carolina establishing the River Basins Advisory Commissions. /
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Yeas 100; Nays 0
Those who voted in the affirmative are:
|Allen |Altman |Anthony |
|Bailey |Bales |Barfield |
|Battle |Bingham |Breeland |
|G. Brown |J. Brown |R. Brown |
|Cato |Ceips |Chellis |
|Clark |Clemmons |Clyburn |
|Coates |Cobb-Hunter |Cotty |
|Davenport |Delleney |Duncan |
|Edge |Emory |Freeman |
|Frye |Gilham |Govan |
|Hagood |Hamilton |Harrell |
|Haskins |Herbkersman |J. Hines |
|Hinson |Hosey |Huggins |
|Jennings |Keegan |Kirsh |
|Koon |Leach |Limehouse |
|Lloyd |Loftis |Lourie |
|Lucas |Mack |Mahaffey |
|McCraw |McGee |McLeod |
|Moody-Lawrence |J. H. Neal |J. M. Neal |
|Neilson |Ott |Parks |
|Perry |Pinson |E. H. Pitts |
|M. A. Pitts |Rice |Richardson |
|Rivers |Rutherford |Sandifer |
|Scarborough |Scott |Simrill |
|Sinclair |Skelton |D. C. Smith |
|G. M. Smith |G. R. Smith |J. E. Smith |
|J. R. Smith |W. D. Smith |Snow |
|Stewart |Talley |Taylor |
|Thompson |Toole |Townsend |
|Tripp |Trotter |Umphlett |
|Vaughn |Viers |Walker |
|Weeks |Whipper |White |
|Whitmire |Wilkins |Witherspoon |
|Young | | |
Total--100
Those who voted in the negative are:
Total--0
So, the Bill, as amended, was read the second time and ordered to third reading.
RECORD FOR VOTING
I inadvertently missed the vote on S. 720 and would have voted yes on the Bill.
Rep. Harry Stille
MOTION NOTED
Rep. HAYES moved to reconsider the vote whereby S. 458, as amended, was given a second reading and the motion was noted.
RECURRENCE TO THE MORNING HOUR
Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.
INTRODUCTION OF BILL
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5401 -- Reps. Parks, M. A. Pitts and Pinson: A BILL TO AMEND ACT 595 OF 1994, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT, UPON THE RECOMMENDATION OF THE COUNTY COUNCIL TO THE GREENWOOD COUNTY LEGISLATIVE DELEGATION, UNTIL THE NEXT REGULAR ELECTION OF SCHOOL TRUSTEES.
On motion of Rep. PARKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
CONCURRENT RESOLUTION
The following was introduced:
H. 5402 -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE THE RIDGE VIEW HIGH SCHOOL "BLAZERS" BOYS TRACK AND FIELD TEAM IN RICHLAND COUNTY AND HEAD COACH JEFF BUYS ON WINNING THE 2004 CLASS AAAA BOYS TRACK AND FIELD STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD
WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THEIR SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 5403 -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND BETHLEHEM BAPTIST CHURCH OF RICHLAND COUNTY FOR ITS PARTICIPATION IN THE FATHERS WITH PRIDE FOUNDATION AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
S. 965--RECALLED FROM COMMITTEE ON JUDICIARY
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 965 -- Senators Fair, Cromer, Thomas and Martin: A BILL TO AMEND SECTION 20-7-7205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PROCEDURES FOR TAKING A CHILD INTO CUSTODY FOR A CRIMINAL VIOLATION AND THE DEPARTMENT OF JUVENILE JUSTICE DETENTION PROCEDURES, SO AS TO AUTHORIZE THE DEPARTMENT TO RENDER DETENTION SCREENING SERVICES BY TELEPHONE; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE PROHIBITION AGAINST CONFINING JUVENILES IN AN ADULT JAIL AND EXCEPTIONS TO THAT PROHIBITION, SO AS TO INCLUDE IN THE EXCEPTIONS, A JUVENILE CHARGED AS AN ADULT WITH A CLASS A, B, C, OR D FELONY; TO AMEND SECTION 20-7-7405, RELATING TO DEPARTMENT OF JUVENILE JUSTICE INTAKE AND PROBATION SERVICES, SO AS TO DELETE THE PROVISION REQUIRING THE BOARD OF JUVENILE PAROLE TO REVIEW AND APPROVE POLICIES RELATING TO THE PROVISION OF INTAKE SERVICES BY THE DEPARTMENT OF JUVENILE JUSTICE; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF JUVENILES ADJUDICATED DELINQUENT, SO AS TO PROVIDE THAT THE COURT MAY ORDER A COMMUNITY EVALUATION TO BE CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THAT SUCH EVALUATION IS EQUIVALENT TO A SECURE RESIDENTIAL EVALUATION AND TO AUTHORIZE THE COURT TO WAIVE THE EVALUATION OF A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A VIOLENT OFFENSE, THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, OR STRONG ARM ROBBERY BEFORE COMMITMENT OF THAT JUVENILE TO THE DEPARTMENT OF JUVENILE JUSTICE; AND TO REPEAL SECTION 20-7-1335, RELATING TO PROCEDURES FOR AND CIRCUMSTANCES UNDER WHICH JUVENILE RECORDS MAY BE DESTROYED AND CIRCUMSTANCES PROHIBITING THE DESTRUCTION OF SUCH RECORDS.
MOTION PERIOD
The motion period was dispensed with on motion of Rep. SKELTON.
ELECTION OF A HOUSE ETHICS COMMITTEE MEMBER
The SPEAKER announced that nominations were in order for a member of the House Ethics Committee.
The following names were placed in nomination:
M.A. PITTS and J.E. SMITH
On motion of Rep. J.R. Smith, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for M.A. Pitts:
|Altman |Bailey |Barfield |
|Bingham |Cato |Ceips |
|Chellis |Clark |Clemmons |
|Coates |Cooper |Cotty |
|Davenport |Delleney |Duncan |
|Edge |Frye |Gilham |
|Hagood |Hamilton |Harrell |
|Harrison |Haskins |Herbkersman |
|Hinson |Huggins |Keegan |
|Koon |Leach |Limehouse |
|Littlejohn |Loftis |Lucas |
|Mahaffey |McGee |Merrill |
|Parks |Perry |Pinson |
|E. H. Pitts |M. A. Pitts |Rice |
|Richardson |Sandifer |Scarborough |
|Simrill |Sinclair |Skelton |
|D. C. Smith |G. R. Smith |J. R. Smith |
|W. D. Smith |Snow |Stewart |
|Stille |Talley |Taylor |
|Thompson |Toole |Townsend |
|Tripp |Trotter |Umphlett |
|Vaughn |Viers |Walker |
|White |Whitmire |Wilkins |
|Witherspoon |Young | |
Total--71
The following named Representatives voted for J.E. Smith:
|Allen |Anthony |Bales |
|Battle |Branham |Breeland |
|G. Brown |J. Brown |R. Brown |
|Clyburn |Cobb-Hunter |Coleman |
|Emory |Freeman |Govan |
|Hayes |J. Hines |Hosey |
|Howard |Jennings |Kennedy |
|Kirsh |Lee |Lloyd |
|Lourie |Mack |McCraw |
|McLeod |Moody-Lawrence |J. H. Neal |
|J. M. Neal |Neilson |Ott |
|Rivers |Rutherford |Scott |
|J. E. Smith |Weeks |Whipper |
Total--39
RECAPITULATION
Rep. M.A. Pitts received 71
Rep. J.E. Smith received 39
Whereupon, the SPEAKER announced that Rep. M.A. PITTS was duly elected for the term prescribed by law.
S. 458--MOTION TO RECONSIDER TABLED
The motion of Rep. HAYES to reconsider the vote whereby the following Bill was given a second reading was taken up:
S. 458 -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.
Rep. HARRISON moved to table the motion to reconsider.
Rep. HARRISON demanded the yeas and nays which were taken, resulting as follows:
Yeas 70; Nays 29
Those who voted in the affirmative are:
|Altman |Bailey |Barfield |
|Bingham |Cato |Ceips |
|Chellis |Clark |Clemmons |
|Coates |Cotty |Davenport |
|Delleney |Duncan |Edge |
|Emory |Frye |Gilham |
|Hagood |Hamilton |Harrison |
|Haskins |Herbkersman |Hinson |
|Huggins |Keegan |Koon |
|Leach |Limehouse |Littlejohn |
|Loftis |Lourie |Lucas |
|Mahaffey |McCraw |McGee |
|McLeod |Merrill |Ott |
|Perry |Pinson |E. H. Pitts |
|M. A. Pitts |Rice |Richardson |
|Rivers |Sandifer |Scarborough |
|Simrill |Sinclair |Skelton |
|D. C. Smith |G. M. Smith |G. R. Smith |
|J. R. Smith |W. D. Smith |Stewart |
|Stille |Talley |Taylor |
|Thompson |Toole |Tripp |
|Umphlett |Vaughn |Viers |
|Whitmire |Wilkins |Witherspoon |
|Young | | |
Total--70
Those who voted in the negative are:
|Allen |Anthony |Bales |
|Battle |Breeland |R. Brown |
|Clyburn |Cobb-Hunter |Cooper |
|Freeman |Hayes |J. Hines |
|Hosey |Jennings |Kennedy |
|Lloyd |Mack |Miller |
|Moody-Lawrence |J. H. Neal |Neilson |
|Rutherford |Scott |J. E. Smith |
|Townsend |Trotter |Weeks |
|Whipper |White | |
Total--29
So, the motion to reconsider was tabled.
RECURRENCE TO THE MORNING HOUR
Rep. G. BROWN moved that the House recur to the Morning Hour, which was agreed to.
REPORT OF STANDING COMMITTEE
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1259 -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 15 IN CLARENDON COUNTY FROM THE INTERSECTION WITH SOUTH CAROLINA HIGHWAY 261 TO THE BEGINNING OF THE ALTHEA GIBSON HIGHWAY THE "JUDGE REUBEN B. CLARK HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN CONTAINING THE WORDS "JUDGE REUBEN B. CLARK HIGHWAY".
S. 1259--ADOPTED AND SENT TO THE SENATE
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 1259 -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 15 IN CLARENDON COUNTY FROM THE INTERSECTION WITH SOUTH CAROLINA HIGHWAY 261 TO THE BEGINNING OF THE ALTHEA GIBSON HIGHWAY THE "JUDGE REUBEN B. CLARK HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN CONTAINING THE WORDS "JUDGE REUBEN B. CLARK HIGHWAY".
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to name that portion of South Carolina Highway 15 in Clarendon County from the intersection with South Carolina Highway 261 to the beginning of the Althea Gibson Highway “Judge Reuben B. Clark Highway” and to erect an appropriate marker or sign containing the words “Judge Reuben B. Clark Highway”.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
REPORT OF STANDING COMMITTEE
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1274 -- Senators McConnell, Ravenel, Mescher, Grooms, Ford and Drummond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BICYCLE-PEDESTRIAN LANE OF THE NEW ARTHUR RAVENEL, JR. BRIDGE THE GARRETT P. WONDERS MEMORIAL BICYCLE-PEDESTRIAN LANE, "WONDERS' WAY", IN MEMORY OF GARRETT PATRICK WONDERS OF GOOSE CREEK, AND TO REQUEST THAT APPROPRIATE SIGNS OR MARKERS BE POSTED SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE PASSIONATE AND GIFTED CYCLIST, NAVAL OFFICER, AND COMMUNITY LEADER.
S. 1274--ADOPTED AND SENT TO THE SENATE
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 1274 -- Senators McConnell, Ravenel, Mescher, Grooms, Ford and Drummond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BICYCLE-PEDESTRIAN LANE OF THE NEW ARTHUR RAVENEL, JR. BRIDGE THE GARRETT P. WONDERS MEMORIAL BICYCLE-PEDESTRIAN LANE, "WONDERS' WAY", IN MEMORY OF GARRETT PATRICK WONDERS OF GOOSE CREEK, AND TO REQUEST THAT APPROPRIATE SIGNS OR MARKERS BE POSTED SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE PASSIONATE AND GIFTED CYCLIST, NAVAL OFFICER, AND COMMUNITY LEADER.
Whereas, the members of the General Assembly were deeply saddened upon the death of Garrett Patrick Wonders of Goose Creek on Wednesday, March 10, 2004, at the age of twenty-five, when he was hit by a truck while riding his bicycle on Old Highway 52; and
Whereas, born in Warren, Ohio, to John and Shelley Wonders, Garrett graduated magna cum laude from Ohio State University in May of 2000, and married Terri Elliott on June 24, 2000. He went on to receive his Masters in Engineering from Ohio State University in May of 2001; and
Whereas, on July 23, 2001, Garrett Wonders was commissioned as an Ensign in the United States Navy and assigned as an instructor at the Naval Nuclear Power Training Command in Charleston; and
Whereas, an exceptional athlete who competed in marathons, triathlons, and adventure races, Garrett’s true passion was cycling. He was a member of the 2003 United States Elite National Military Cycling Team and was training for the United States Olympic Trials and the 2004 United States Cycling Federation Elite National Road Championships in Redlands, California; and
Whereas, a vital part of the local cycling community, Garrett not only promoted cycling, but also encouraged good will, kindness, and friendliness among cyclists and the community; and
Whereas, Garrett Wonders is survived by his wife; parents; one brother, Jesse Wonders, and his wife, Jennifer; grandparents Herbert and Betty Daugherty and William and Patricia Wonders; and other loving family members; and
Whereas, it is appropriate that the members of the General Assembly request that the Department of Transportation name the bicycle-pedestrian lane of the new Arthur Ravenel, Jr. Bridge in memory of such an exemplary South Carolinian as Garrett Patrick Wonders. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the bicycle-pedestrian lane of the new Arthur Ravenel, Jr. Bridge the Garrett P. Wonders Memorial Bicycle-Pedestrian Lane, “Wonders’ Way”, in memory of Garrett Patrick Wonders of Goose Creek, and request that appropriate signs or markers be posted so that as the public passes they will remember the passionate and gifted cyclist, naval officer, and community leader.
Be it further resolved that a copy of this resolution be forwarded to Terri Elliott Wonders of Goose Creek.
The Concurrent Resolution was adopted and ordered sent to the Senate.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 1280 -- Senator Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE GAFFNEY ELK'S LODGE #1305 ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO EXTEND BEST WISHES TO THE LODGE FOR CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. COATES 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. 4812 -- Reps. Stewart, Clyburn, Perry, D. C. Smith, J. R. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE PRESIDENT GEORGE W. BUSH AND THE DEPARTMENT OF ENERGY TO UTILIZE EARLY RETIREMENT INCENTIVES AND VOLUNTARY SEPARATION INCENTIVES WHEN IMPLEMENTING A REDUCTION IN FORCE AT THE SAVANNAH RIVER SITE.
H. 5232 -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE FOUR HOLE SWAMP ALONG UNITED STATES HIGHWAY 78 IN DORCHESTER COUNTY "THE MINUS BRIDGE", AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE MINUS BRIDGE".
H. 5389 -- Reps. Miller, Breeland, Altman, Mack, Scarborough and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY BETWEEN DOAR ROAD AND SEEWEE ROAD THE "WILLIAM H. ALSTON HIGHWAY" AND PLACE APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "WILLIAM H. ALSTON HIGHWAY".
H. 5392 -- Rep. Townsend: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE ELLEN H. HENDERSON FOR HER DEDICATION TO THE FIELD OF EDUCATION UPON HER RETIREMENT AS DIRECTOR OF MEMBER SERVICES FOR THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
H. 5393 -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE EXTRAORDINARY HEROISM OF CORPORAL FREDDIE STOWERS AND TO HONOR HIM AS THE FIRST AFRICAN AMERICAN TO BE AWARDED THE MEDAL OF HONOR FOR WORLD WAR I OR WORLD WAR II.
H. 5399 -- Reps. Govan, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION TO COMMEND MR. JOEY R. PRESTON, ANDERSON COUNTY ADMINISTRATOR, FOR HIS OUTSTANDING SUCCESS AS A COUNTY ADMINISTRATOR, VALUABLE ASSISTANCE AND ADVICE HE HAS GIVEN THE LEGISLATIVE BLACK CAUCUS IN THE AREA OF ECONOMIC DEVELOPMENT, AND FOR BEING ONE OF THE MOST INNOVATIVE AND EFFECTIVE LOCAL GOVERNMENT OFFICIALS IN SOUTH CAROLINA.
H. 5400 -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. ROBERT E. DENNIS, PASTOR OF CEDAR GROVE BAPTIST CHURCH IN SIMPSONVILLE, ON HIS THIRTY-FIVE YEARS AT CEDAR GROVE AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
ADJOURNMENT
At 4:25 p.m. the House, in accordance with the motion of Rep. NEILSON, adjourned in memory of Henry Jett of Darlington County, to meet at 10:00 a.m. tomorrow.
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