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| Printed Page 1370, Mar. 7
| Announcement was made that Dr. Annette Lynn of Columbia is the Doctor of the Day for the General Assembly.
Rep. D. SMITH arose to a Point of Personal Privilege.
I do not support H. 4597, the School Accountability Act of 1996, in its present form.
Rep. JOE E. BROWN
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.
H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4703 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.
On motion of Rep. McELVEEN, with unanimous consent, it was ordered that H. 4704 be read the third time tomorrow.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, March 12, which was adopted.
H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE
The following Bill was taken up.
H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".
Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2250DW.96), which was adopted.
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/ SECTION 1. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1317. (A) No election official as defined in Section 8-13-1300 (10(B) may:
(1) become involved in any way in the campaign of any candidate for any office. This would prohibit any activity in the campaign of federal offices, including candidates for President, Vice President, United States Senate and United States House of Representatives, and any office that could be protested or appealed in an election contest to the board of canvassers;
(2) make financial contributions or contribute personal service to any candidate or candidates for public office;
(3) make a public endorsement of any candidate for public office;
(4) serve as a poll watcher for a candidate for public office or for a political party in a primary or general election; or
(5) serve as a poll manager in any election.
SECTION 2. Section 8-13-1300(10) of the 1976 Code is amended to read:
"(10)(A) `Election cycle' means the period of a term of office beginning on the day after the general election for the office, up to and including the following general election for the same office, including a primary, special primary, or special election; however, the contribution limits under Sections 8-13-1314 and 8-13-1316 apply only to elections occurring on or after January 1, 1992, and are for each primary, runoff, or special election in which a candidate has opposition and for each general election. If the candidate remains unopposed during an election cycle, one contribution limit shall apply. (B) `Election official' means a member or employee of a municipal, county, or state election commission, whether elected or appointed; a member or employee of a county voter registration board, whether elected or appointed."
SECTION 3. This act takes effect upon approval by the Governor./
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. STUART moved that the House recur to the morning hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 1220 -- Senator Matthews: A BILL TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.
The motion of Rep. ROBINSON to reconsider the vote whereby debate was adjourned on the following Bill until Wednesday, March 13 was taken up and agreed to.
H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.
On motion of Rep. McTEER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
The motion period was dispensed with on motion of Rep. SHEHEEN.
The following Bill was taken up.
H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.
Reps. CROMER and HARRISON proposed the following Amendment No. 9 (Doc Name P:\amend\GJK\22449SD.96), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 2-1-105. (A) `Salaried office or position' means an office or position on the Employment Security Commission, the Public Service Commission, the Administrative Law Judge Division, or such other commissions or entities as may be established by law, in which a person receives compensation for services rendered but does not include the receipt of per diem, mileage, or subsistence received in the performance of responsibilities.
(B) No member of the General Assembly may apply for or be elected to a salaried office or position which is filled by election of the General
SECTION 2. Sections 1-23-525 and 58-3-24 of the 1976 Code are repealed./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5195SD.96), which was tabled.
Amend the bill, as and if amended, by striking subsection (B) of Section 2-1-105 of the 1976 Code, as contained in Section 1, and inserting:
/(B) No member of the General Assembly may apply for or be elected to a salaried office or position which is filled by election of the General Assembly while he is serving in the General Assembly and for a period of eighteen months thereafter./
Amend the bill further, as and if amended, by striking Section 2 and inserting:
/SECTION 2. This act takes effect January 1, 1998./
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 5, which was proposed on Wednesday, March 6, by Reps. HARRISON, HODGES and D. SMITH.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. HARRISON explained the Bill.
Rep. SCOTT moved to table the Bill.
Those who voted in the affirmative are:
Byrd Hines, J. Hines, M. McMahand Scott
Those who voted in the negative are:
Allison Baxley Brown, G. Brown, H. Brown, T. Cain Carnell Cato Cave Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fulmer Gamble Govan Harrell Harris, J. Harris, P. Harrison Harvin Haskins Herdklotz Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Phillips Quinn Rice Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Whatley Whipper, L. Whipper, S. Wilder Wilkes
Wilkins Witherspoon Wofford Worley Young Young-Brickell
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman
Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Whatley Whipper, L. Whipper, S. Wilder Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
McMahand Rogers
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3062 be read the third time tomorrow.
I voted against the amended version of H. 3062 because I believe that a one-year waiting period is insufficient. A member should be required to be out of the General Assembly for a longer period of time before becoming eligible for election to a salaried board or commission position, in my opinion. I applaud Rep. VAUGHN for his sponsorship of this Bill, and respect his decision to accept this compromise. I just think that this issue is of fundamental importance to the effort to reform our government, and I hope efforts will continue in the future to expand the waiting period. In my opinion, this is needed to reduce the advantage of legislators to secure election to these positions, and to even the playing field for other citizens who seek to serve.
Rep. TIMOTHY F. ROGERS
Had I been present today, I would have voted in favor of H. 3062 as amended on second reading.
Rep. WILLIAM D. KEYSERLING
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