Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Keep our eyes wide open, Lord, to see the beauty of life: the smile of a child, the love of an older couple, the splendor of a flower, the glory of a sunset, the sparkle of the stars, the stillness of the night. Above all, keep clear in our minds the events of Easter and the Passover to view the wide embrace of Your deep and unending love for Your children. Make steadfast our sense of Your enduring presence even in troubled times and at unpleasant places.
Thank You, Heavenly Father, for all Your abundant and beautiful gifts. 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 Thursday, the SPEAKER ordered it confirmed.
The Report of the Joint Insurance Study Committee on the South Carolina Reinsurance Facility was received and was printed in the Senate Journal on Monday, April 1.
The following was received.
Document No. 1224
Promulgated By Department of Highways and Public Transportation
Approval, Installation and Inspection Procedures of Sunscreening
Referred to House Committee on Education and Public Works
Withdrawn and Resubmitted March 28, 1991
120 day review expiration date April 17, 1991
The following was received.
April 2, 1991
Mrs. Sandra McKinney
Clerk of the House of Representatives
State House
Columbia, S.C. 29201
Dear Mrs. McKinney,
Under date of April 2, 1991, the State Election Commission certified to this office the results of the election in House District No. 54, held in South Carolina on March 26, 1991. The Certification shows that Mr. Douglas Jennings, Jr. has been elected to the South Carolina House of Representatives, District 54.
I, therefore, certify that Mr. Douglas Jennings, Jr. has been elected as a member of the South Carolina House of Representatives from District 54, for a term as prescribed by law.
Yours very truly,
Jim Miles
Secretary of State
Received as information.
The following was received.
CERTIFICATION
April 1, 1991
Honorable Robert J. Sheheen, Speaker
House of Representatives
Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker:
The State Board of Canvassers hereby certifies that Mr. Douglas Jennings, Jr. was elected to House of Representatives District 54 at an election held in Marlboro County on March 26, 1991.
Sincerely,
William B. DePass, Chairman
Dr. Neal D. Thigpen
Sam Howell
STATE BOARD OF CANVASSERS
Received as information.
Mr. Douglas Jennings, Jr., member-elect from District No. 54, presented his credentials and the oath of office was administered to him by the SPEAKER.
Rep. MARCHBANKS moved that when the House adjourns it adjourn in memory of Earle F. Rochester, which was agreed to.
The Senate sent to the House the following:
S. 824 -- Senators Land and Leventis: A CONCURRENT RESOLUTION COMMENDING MS. JO ANNE MORRIS OF SUMTER COUNTY FOR HER LEADERSHIP AND CONSIDERATION OF OTHERS IN ORGANIZING VOLUNTEERS TO MEET THE NEEDS OF AIR FORCE FAMILIES DURING OPERATIONS DESERT SHIELD AND DESERT STORM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Joint Resolutions were introduced, read the first time and referred to appropriate committees:
S. 811 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO RANDOLPH-SHEPPARD VENDING MACHINE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1357, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 812 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO GUIDELINES FOR OPERATION OF COSMETOLOGY SCHOOLS AND PROGRAMS IN PUBLIC SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1367, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 813 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO RULES REGARDING CHARITABLE AND NONPROFIT EVENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burriss Carnell Cato Chamblee Cooper Cork Cromer Elliott, L. Fair Farr Fulmer Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Jennings Johnson, J.C. Keesley Kempe Keyserling Kinon Kirsh Klapman Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McElveen McGinnis McKay McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Smith Snow Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, April 2.
D. Elliott Ken Bailey R. Linwood Altman Mike Jaskwhich Dell Baker Howell Clyborne L. Gentry John Felder Maggie W. Glover Stephen E. Gonzales Paul E. Short Tom Keegan J. Derham Cole C. Lenoir Sturkie Larry Koon Eugene C. Stoddard James W. Johnson, Jr. Ken Corbett Jack Gregory Rick Quinn Joe Wilder Samuel R. Foster E. B. McLeod David M. Beasley Alex Harvin, III Paul M. Burch Charles Sharpe Roland S. Corning Steve Lanford L. Morgan Martin
S. 597--RECONSIDERED
Rep. CARNELL moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.
S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3733 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE NAME OF THE WIDE AWAKE PRECINCT TO STRATFORD.
H. 3272 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.
H. 3715 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1334, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3728 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., IN CHARLESTON COUNTY.
H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: A BILL TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3738 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN THE 1990 SCHOOL YEAR BY PUBLIC SCHOOL STUDENTS IN KERSHAW COUNTY WHEN SCHOOLS WERE CLOSED DUE TO FLOODING AND IMPASSABLE ROADS ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
S. 745 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO REVISE THE AREAS FOR BERKELEY COUNTY.
The following Bill was taken up.
H. 3521 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO REQUIRE UNDER THE POLLUTION CONTROL ACT THAT A PERMIT TO EXPAND OR CONSTRUCT A NEW HAZARDOUS, INFECTIOUS, OR SOLID WASTE FACILITY MAY NOT BE ISSUED UNLESS THE APPLICANT DEMONSTRATES THE NEED FOR THE FACILITY OR EXPANSION, AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS TO IMPLEMENT THE DEMONSTRATION OF NEED REQUIREMENTS FOR CERTAIN FACILITIES.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 26, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
The amendment was then adopted.
Rep. McCAIN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5491.HC), which was tabled.
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, page i, line 36, by adding at the end:
/County facilities are exempt from the provisions of this section./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McCAIN explained the amendment.
Rep. SHARPE spoke against the amendment and moved to table the amendment.
Rep. McCAIN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 47 to 17.
Reps. McCAIN, RAMA, D. ELLIOTT, ROSS and HASKINS objected to the Bill.
The following was introduced:
H. 3756 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3743, RELATING TO THE ETHICS AND ACCOUNTABILITY IN GOVERNMENT ACT, FOR SECOND READING OR OTHER CONSIDERATION AT 2:00 P.M. ON TUESDAY, APRIL 2, 1991, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3743 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 3743 is set by special order for second reading or other consideration at 2:00 p.m. on Tuesday, April 2, 1991, and continuing each legislative day immediately following the call of the uncontested calendar until H. 3743 is given third reading or it is otherwise disposed of.
Rep. McTEER explained the House Resolution.
The Resolution was then adopted.
Rep. WILKINS moved that the House recede until 2:00 P.M., which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. KLAPMAN a leave of absence for the remainder of the day.
The SPEAKER granted Rep. BURRISS a leave of absence for the remainder of the day and the week and next week due to illness.
Rep. HOUCK, and the Florence Delegation, presented Mrs. Alice C. Townsend of Florence County, the 1991 South Carolina Teacher of the Year.
Rep. CARNELL, and the Greenwood Delegation, presented Mrs. Martha Thurmond Bishop, the 1991 South Carolina Mother of the Year.
The following Bill was taken up.
H. 3743 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE ETHICS AND ACCOUNTABILITY IN GOVERNMENT ACT WITH PROVISIONS TO REVISE LOBBYING DEFINITIONS, PRACTICES, AND REPORTING, CAMPAIGN, EXPENDITURE, AND CONTRIBUTION PRACTICES AND REPORTING, RULES OF CONDUCT, FINANCIAL DISCLOSURE, AND THE COMPOSITION, AUTHORITY, AND PROCEDURES OF THE STATE ETHICS COMMISSION; TO PROVIDE PENALTIES; AND TO REPEAL CHAPTER 17 OF TITLE 2 AND CHAPTER 13 OF TITLE 8 RELATING TO LOBBYISTS AND LOBBYING AND ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES.
Rep. WILKINS explained the Bill.
Reps. HAYES and WILKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11520.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-300(A)(2) and (3), page 13, lines 10 and 13, by inserting after /report/ /without recommendation/.
Amend further in Section 8-14-300(A)(5), page 13, line 20, after /official/ by striking /,/ and inserting /or/ and on line 21 by striking /, lobbyist, or lobbyist principal/.
Amend further in Section 8-14-1010(B)(2), page 27, line 12, by striking /household/ and inserting /immediate family/.
Amend further in Section 8-14-1510(D), page 35, line 13, by striking /and expenditures/ and on line 14 by inserting after /dollars/ /and expenditures/.
Amend further in Section 8-14-1510(E)(3), page 35, lines 40 and 41, by striking /statements of economic interests/ and inserting /campaign disclosure forms/.
Amend further in Section 8-14-1620(A)(2), page 41, lines 23 and 24, by striking /a tax exempt charity/ and inserting /an organization exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1986/.
Amend further in SECTION 4, page 50, beginning on line 1, by striking /, except the provisions of Section 8-14-30 of the 1976 Code, added by the provisions of this act, take effect January 1, 1993/.
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11487.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-20(3), page 2, line 12, by inserting after /person/ /or which constitutes five percent or more of the total outstanding stock of any class/.
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11518.DW).
Amend the bill, as and if amended, in Section 8-14-20, page 2, lines 13 through 15, by striking item (4) and inserting:
/(4) 'Candidate for public office' means a person:
(a) who officially files as a candidate for office;
(b) publicly announces that he is running for office; or
(c) authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election.
It also means a person who has been nominated for appointment to serve in an office filled by election by the General Assembly or an appointive office requiring the advice and consent of the Senate or the General Assembly when the office falls within the reporting provisions of Section 8-13-810 but does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976./
Amend title to conform.
Rep. WAITES explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. WAITES proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\436\11488.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-20, page 2, by inserting immediately after line 35:
/(9) 'Confidential information' means information, whether transmitted orally or in writing, which is obtained by reason of the public position or office held and is of such nature that it is not, at that time, a matter of public record or public knowledge./
Renumber items to conform.
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. TOWNSEND a leave of absence for the remainder of the day.
Rep. WAITES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\436\11489.DW).
Amend the bill, as and if amended, in Section 8-14-20(9), page 2, line 37, by inserting after /advance/ /in-kind service/.
Amend title to conform.
Rep. WAITES explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. WAITES proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\436\11478.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-30, page 7, line 18, by striking /No candidate for an office/ and inserting /(A) No member of the General Assembly may file for another public office elected by the General Assembly or appointed by the executive authority until he has resigned his seat in the General Assembly.
(B) No candidate for an office/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. HAYES moved to table the amendment.
Rep. WAITES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Baker Barber Baxley Beasley Beatty Boan Brown, H. Brown, J. Bruce Burch Carnell Clyborne Cole Corbett Elliott, L. Fair Farr Foster Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Jennings Johnson, J.W. Kinon Koon Lanford Marchbanks Martin, L. Martin, M. Mattos McAbee McCain McCraw McKay Nettles Phillips Rama Rhoad Ross Scott Sharpe Sheheen Short Smith Snow Stoddard Tucker Waldrop Wells White Wilder Wilkes Wilkins Wofford Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Bennett Cato Chamblee Cooper Cork Cromer Jaskwhich Keegan Kempe Keyserling Kirsh Littlejohn Manly McElveen McGinnis Meacham Quinn Rogers Rudnick Shirley Vaughn Waites Whipper Wright Young, A.
So, the amendment was tabled.
On Amendment No. 8, H. 3743, wherein said amendment was tabled, I inadvertently voted to table said amendment when I intended to abstain from voting.
Rep. JAMES W. JOHNSON, JR.
I abstained from participating in the deliberations and vote on Amendment No. 8 to H. 3743 based upon the fact that I am a candidate for Judge of the Eleventh Judicial Circuit.
Rep. WILLIAM P. KEESLEY
Dear Ms. McKinney,
Please note in the journal that I intended to vote no on the tabling motion on Amendment No. 8 to H. 3743.
Rep. KENNETH CORBETT
Rep. WAITES proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\436\11493.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-230(A), page 9, line 38, by striking /state/.
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\436\11494.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-270, page 11, line 26, by striking /state/.
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\436\11480.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-530(B), page 16, line 29, by inserting after /forwarded/ /to the member and/.
Renumber sections to conform.
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\436\11501.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-13-1060(4), page 30, line 12, by inserting after /minutes/ /, and shall absent himself from the meeting location/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. HAYES moved to table the amendment, which was agreed to.
Rep. WAITES proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\436\11502.DW), which was tabled.
Amend the bill, as and if amended, by striking Section 8-13-1070, page 30, lines 14 through 25, and inserting:
/Section 8-13-1070. Except as provided by law for the proper discharge of official duties, no member of the General Assembly may represent clients before a state agency, board, committee, or commission. No member of a governing body may represent clients before an agency, board, committee, commission, or court under the jurisdiction of the governing body. This prohibition does not apply to court appearances in circuit court, probate court, family court, or magistrate's court or cases in which the public official is required to appear in a matter affecting his business interest as an owner or officer of the business./
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. HAYES moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. McCAIN a temporary leave of absence.
Rep. McELVEEN proposed the following Amendment No. 21, which was adopted.
Amend Section 8-14-1090 on page 30 at line 44 by adding after the word "AGENCY" the words "OR DEPARTMENT".
Rep. McELVEEN explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\436\11507.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-1120, page 31, line 32, by inserting after /contract./ /Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of such contract./
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\436\11481.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-1310(1), page 32, lines 1 and 2, by striking /one hundred/ and inserting /twenty-five/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. WILDER moved to table the amendment.
Rep. WAITES demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 67 to 21.
Rep. WAITES proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\436\11482.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-1310(1), page 32, lines 1 and 2, by striking /one hundred/ and inserting /fifty/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to by a division vote of 70 to 22.
I voted not to table Amendments 25 and 26 reducing cash contributions to public officials. This was a division vote.
Rep. JAMES L.M. CROMER, JR.
Rep. WAITES proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\436\11483.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-1310(3), page 32, by striking lines 8 through 11 and inserting /exceeds one thousand dollars from an individual, association, corporation, partnership, union, or committee except for a party committee otherwise provided for/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. HAYES moved to table the amendment.
Rep. J. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Baxley Beasley Boan Brown, G. Brown, H. Bruce Burch Carnell Cato Clyborne Cole Cooper Corbett Cork Corning Elliott, L. Fair Felder Foster Fulmer Gentry Gonzales Gregory Hallman Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Johnson, J.W. Keegan Keesley Kinon Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. McAbee McCraw McGinnis McLeod Meacham Nettles Phillips Rama Rhoad Rudnick Scott Sharpe Short Smith Stoddard Tucker Waldrop Wells Wilder Wilkins Williams, D. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Beatty Bennett Brown, J. Chamblee Cromer Farr Harris, J. Jaskwhich Kempe Keyserling Kirsh Mattos McElveen McTeer Quinn Rogers Ross Sheheen Shirley Snow Sturkie Vaughn Waites Whipper White Wilkes
So, the amendment was tabled.
Rep. WAITES proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\436\11484.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-1310(3), page 32, line 8, by striking /two/ and inserting /one/ and on line 9 by striking /five/ and inserting /two/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Baxley Beasley Boan Brown, G. Brown, H. Bruce Burch Carnell Cato Clyborne Cole Corbett Cork Corning Elliott, L. Fair Felder Foster Fulmer Gentry Gonzales Gregory Hallman Harris, P. Harwell Haskins Hayes Hendricks Hodges Houck Huff Jennings Johnson, J.W. Keegan Keesley Kinon Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. McAbee McCraw McGinnis Meacham Nettles Phillips Rama Rhoad Rudnick Scott Sharpe Short Smith Stoddard Tucker Vaughn Waldrop Wells Wilder Wilkins Williams, D. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Beatty Bennett Brown, J. Chamblee Cromer Farr Harris, J. Holt Jaskwhich Kempe Keyserling Kirsh Mattos McElveen McTeer Rogers Ross Sheheen Shirley Snow Sturkie Waites Whipper Wilkes
So, the amendment was tabled.
Rep. WAITES proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\436\11485.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-1320(A)(2), page 32, line 20, by striking /twenty-five/ and inserting /five/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. HAYES spoke against the amendment.
Rep. ROGERS spoke in favor of the amendment.
Rep. ROGERS continued speaking.
Rep. HAYES moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Baxley Boan Brown, G. Brown, H. Bruce Burch Carnell Cato Clyborne Cole Cooper Corbett Cork Corning Elliott, L. Fair Felder Foster Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Jaskwhich Jennings Johnson, J.W. Keegan Keesley Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McAbee McCraw McGinnis Meacham Quinn Rama Rhoad Scott Sharpe Smith Stoddard Sturkie Tucker Vaughn Waldrop Wells Wilder Wilkins Williams, D. Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Beatty Brown, J. Chamblee Cromer Farr Gregory Harvin Kempe Keyserling Manly McElveen McTeer Phillips Rogers Ross Rudnick Sheheen Shirley Short Snow Waites Whipper White Wilkes
So, the amendment was tabled.
Rep. McELVEEN proposed the following Amendment No. 30, which was tabled.
Amend by adding a new Section 8-14-1325 as follows:
Section 8-14-1325 - In any election, all candidates shall meet within seven (7) days after the closing date for filing for office, or, in the case of the General Election, within seven (7) days after the primary election or any run-off, for the purpose of attempting to reach an agreement concerning the total amount to be expended by each candidate in the election or by persons or committees acting in his behalf. In the case of a write-in or petition candidate who has neither declared his candidacy nor had it certified at the time other candidates meeet, he shall be bound by any agreement reached by the other candidates.
Rep. McELVEEN explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 74 to 14.
I voted not to table Amendment #30 on division vote.
Rep. JAMES L.M. CROMER, JR.
Rep. WAITES proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\436\11508.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-1340(C), page 33, line 15, by inserting after /receipt/ /or written record/.
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\436\11509.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-1370, page 34, line 17, by striking /State Treasurer/ and inserting /State Ethics Commission/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. HAYES moved to table the amendment, which was agreed to.
Rep. WAITES proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\436\11486.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-1510(A)(2), page 34, line 30, by inserting after /and/ /street/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. HAYES moved to table the amendment.
Rep. RUDNICK demanded and yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 73 to 9.
Rep. McELVEEN proposed the following Amendment No. 34, which was tabled.
Amend Section 8-14-1510 (A) on page 34 at line 39 by deleting "." and inserting ";" and by adding immediately after line 39:
(5) For any contributor contributing in the aggregate, one thousand dollars or more, the relationship of the contributor to the candidate, the employer of the contributor, the business of the contributor if he is self-employed, and any business or governmental activity between the contributor and the candidate in the last twelve months. If the business with which the contributor is associated is govenmentally-regulated, then the candidate must list the governmental entity which regulates the business.
Rep. McELVEEN explained the amendment.
Rep. HAYES moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, K. Baker Baxley Beasley Brown, H. Bruce Burch Carnell Cato Clyborne Cooper Corbett Cork Corning Elliott, L. Fair Farr Felder Foster Fulmer Gentry Gonzales Hallman Harris, P. Haskins Hayes Hendricks Holt Houck Huff Jaskwhich Jennings Johnson, J.W. Keegan Keesley Kinon Koon Marchbanks Martin, D. Martin, L. McAbee McCraw Nettles Phillips Rama Rhoad Ross Sharpe Smith Stoddard Tucker Vaughn Waldrop Wilder Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Altman Barber Beatty Brown, J. Chamblee Cromer Harris, J. Harvin Kempe Keyserling Kirsh Mattos McElveen McGinnis McTeer Meacham Quinn Rogers Rudnick Scott Sheheen Shirley Short Snow Waites Wells Whipper Wilkes Williams, D.
So, the amendment was tabled.
Rep. WAITES proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\436\11511.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-1510(A)(4), page 34, line 39, by inserting after /expenditure./ /Payments to political consultants, advertising agencies, or any person to provide such consulting or advertising services must be itemized to reflect the recipient and purpose of each payment by the provider./
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. HAYES moved to table the amendment.
Rep. WAITES demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 56 to 33.
I am in the advertising and political consulting business. I see this as a potential conflict. Therefore, I will not vote on this Amendment #35.
Rep. RICK QUINN
Rep. WAITES proposed the following Amendment No. 36 (Doc Name L:\council\legis\amend\436\11510.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-1560(A)(2), page 38, line 16, by inserting after /address/ /or, in the case of a committee, the name and address of the committee treasurer/.
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 37 (Doc Name L:\council\legis\amend\436\11512.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-1560(A)(5), page 38, line 40, by inserting after /terms,/ /loan payments,/.
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\436\11513.DW), which was adopted.
Amend the bill, as and if amended, in Section 8-14-1620(A)(3), page 41, line 27, by striking /excess/ and inserting /any/.
Amend title to conform.
Rep. WAITES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\436\11514.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-1830(A) by striking item (2), page 44, lines 12 through 16, and inserting:
/(2) a brief description of all real estate in which he or a member of his immediate family has an interest, direct or indirect, including options to buy, in the jurisdiction of the agency with which he is associated;/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. WAITES proposed the following Amendment No. 40 (Doc Name L:\council\legis\amend\436\11515.DW), which was tabled.
Amend the bill, as and if amended, in Section 8-14-1830, page 45, by inserting immediately after line 14:
/(7) the name of each business with which the person or members of immediate family are associated and the nature of that association./.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. GREGORY raised the Point of Order that Section 8-14-1110 on page 31 of the Bill was out of order as it was in violation of Rule 5.2.
The SPEAKER stated that he did not have the authority to rule on a section of the Bill.
Rep. GREGORY then raised the Point, citing Rule 5.2, that the Bill was out of order as it related to that particular section. He further stated that Title 59, the University of South Carolina, which stated the composition of the Board of Trustees was not in the title of the Bill and that it was the same for the Wildlife and Marine Resources, Code Section 50-3-10. He further stated that the Bill as proposed attempted to repeal these sections by implication without mentioning them in the Bill and this was in violation.
The SPEAKER stated that he did not have the authority to strike a section from the Bill.
Rep. BEASLEY argued contra the Point in stating that Rule 5.2 dealt with specific code sections and that the sections referred to in the Point of Order did not amend a specific code section, but was a general law.
The SPEAKER stated that the Point was that by a general statement it sought to repeal certain subsections of the Code which authorized members of the General Assembly to sit on Boards and Commissions. He further stated that if you were going to amend those sections then you had to cite them.
Rep. BEASLEY then argued that that was not the intent of Rule 5.2.
The SPEAKER stated that the only intent of Rule 5.2 was to give the membership notice specifically of the code sections that were being amended.
Rep. BAXLEY then inquired if it would be proper to ask unanimous consent to delete the section from the Bill.
The SPEAKER stated that you could not amend a Bill by unanimous consent because the Rules provide that amendments have to be in written form and on the desk.
Rep. McTEER then stated that the section was not referred to in the title of the Bill.
The SPEAKER stated that the Point raised was dealing with Rule 5.2, the second paragraph, which stated that if you were going to amend a Code Section, then there would have to be an amendment proposed citing the section, chapter and title and the title would have to express the subject matter of that section, chapter and title. He further stated that the Point raised was that the net effect of the section on page 31 of the Bill was to amend various statutes in the Code without citing them and complying with the Rule.
Rep. McLEOD then inquired if it would be proper at this time for the House to divide the question.
The SPEAKER stated that you could divide the question at any time.
Rep. WILKINS moved that the House recede for 10 minutes, which was adopted.
The SPEAKER questioned Rep. GREGORY on whether his Point had been raised under paragraph 2 or under paragraph 3 of Rule 5.2.
Rep. GREGORY stated that he raised his Point under paragraph 3.
The SPEAKER sustained the Point of Order under paragraph 3 of Rule 5.2 and he stated that the Bill was removed from consideration and the Chair was under an obligation under paragraph 3 to correct it and order an amendment to the Bill and that the Chair would do so before further consideration by the House.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
At 5:00 P.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of Earle F. Rochester, to meet at 10:00 A.M. tomorrow.
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