Printed Page 1490, Mar. 20
| Printed Page 1510, Mar. 20
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Printed Page 1490, Mar. 20
| Printed Page 1510, Mar. 20
| Rep. SHEHEEN made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart,
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
Rep. ROBINSON moved to recall H. 4323 from the Education and Public Works Committee.
H. 3021 -- Reps. Scott, Kelley and Lloyd: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
As a first substitute Rep. WALKER moved to dispense with the balance of the Motion Period.
As a second substitute Rep. SCOTT moved to recall H. 3021 from the Judiciary Committee.
Rep. TRIPP moved to table the motion.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Boan Brown, H. Cain Carnell Cato Cooper Davenport Delleney Easterday Harris, J. Harrison
Haskins Herdklotz Hines, M. Kirsh Klauber Koon Limbaugh Loftis Marchbanks McKay McMahand Meacham Moody-Lawrence Neal Neilson Rice Robinson Sandifer Sharpe Simrill Stille Townsend Tripp Trotter Vaughn Waldrop Wells Wilkins Witherspoon
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, J. Byrd Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Elliott Gamble Govan Hallman Harrell Hines, J. Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Lanford Law Lee Limehouse Littlejohn Lloyd Martin Mason McAbee McCraw Phillips Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Smith, R. Spearman Stoddard Stuart Thomas Whatley Whipper, S. White Wilder Wilkes Williams Wofford Worley Wright Young-Brickell
So, the House refused to table the motion to recall H. 3021.
Rep. WALKER moved to dispense with the balance of the Motion Period, which was agreed to.
The SPEAKER granted Rep. WRIGHT a leave of absence for the remainder of the day.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, March 27, which was adopted.
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.
The following Bill was taken up.
H. 4050 -- Reps. Govan, Neal, Howard, Moody-Lawrence and Spearman: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 23 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Rep. TRIPP raised the Point of Order that the Bill was out of order as it appropriated revenue and should have been referred to the Ways and Means Committee in accordance with Rule 5.1. He further stated that Article 3, Section B, on Page 2 of the Bill dealt with the hiring of a full time coordinator and clerical staff and that it involved additional operating expenses under the Department of Health and Environmental Control.
Rep. GOVAN argued contra the Point in stating that it merely directed the Department of Health and Environmental Control.
Rep. TRIPP continued to argue that it required additional operating expenses.
The SPEAKER stated, citing Rule 4.4, that there was precedent concerning Rule 4.4 from 1992 where then Speaker Sheheen sustained a Point of Order similar to this and he sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.
The following Bill was taken up.
H. 3029 -- Reps. Vaughn, Cato, Davenport, Bailey, McKay, and Simrill: A BILL TO AMEND SECTIONS 4-10-10 AND 4-10-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND USE OF REVENUE FOR PURPOSES OF THE LOCAL SALES AND USE TAX, SO AS TO DELETE THE DEFINITION OF "MINIMUM DISTRIBUTION" AND PROVIDE THAT THE REVENUES OF THE COUNTY/MUNICIPAL REVENUE FUND MUST BE USED TO PROVIDE PROPERTY TAX CREDITS IN THE FIRST YEAR OF IMPLEMENTATION AND THEREAFTER MAY BY ORDINANCE BE USED FOR OTHER PURPOSES SUBJECT TO A PERCENTAGE LIMIT; AND TO REPEAL SECTION 4-10-60 RELATING TO REDISTRIBUTION OF LOCAL SALES AND USE TAX REVENUES AMONG COUNTIES AND TO PROVIDE TRANSITION PROVISIONS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5697HTC.96).
Amend the bill, as and if amended, by striking SECTIONS 3 and 4 and inserting:
/SECTION 3. Section 4-10-60 of the 1976 Code is repealed.
SECTION 4. This act takes effect July 1, 1996./
Amend title to conform.
Rep. SHEHEEN moved to table the Bill.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Boan Brown, G. Brown, J. Byrd Carnell Cave Clyburn Cobb-Hunter Elliott Govan Harris, J. Hines, J. Hines, M. Hodges Inabinett Jennings Kennedy Kinon Kirsh Lee Lloyd McAbee McCraw McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Spearman Stille Stoddard Stuart Waldrop White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Breeland Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Keyserling Klauber Knotts Koon Lanford Law Limehouse Littlejohn Loftis Marchbanks Martin Mason McKay Meacham Rice Richardson
Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Thomas Tripp Trotter Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilkins Witherspoon Wofford Worley Young-Brickell
So, the House refused to table the Bill.
Reps. SPEARMAN, LITTLEJOHN and COBB-HUNTER spoke against the amendment.
Rep. SPEARMAN moved to continue the Bill.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Boan Brown, G. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Delleney Elliott Fleming Govan Harris, J. Harris, P. Herdklotz Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Lanford Lee Littlejohn Lloyd Mason McAbee McCraw McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Spearman Stille Stoddard Stuart Waldrop Whipper, L.
White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Cotty Dantzler Easterday Fulmer Gamble Hallman Harrell Harrison Haskins Hutson Keegan Kelley Keyserling Klauber Knotts Koon Limbaugh Limehouse Loftis Marchbanks McKay Meacham Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Walker Wells Whatley Whipper, S. Wilkins Witherspoon Worley Young Young-Brickell
So, the Bill was continued.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1912
Promulgated By Department of Labor, Licensing and Regulation, Board of Professional Engineers and Land Surveyors
Continuing Professional Development for License Renewal
Received By Speaker March 19, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Period Expiration Date July 17, 1996
(subject to sine die revision)
Rep. KOON, from the Lexington Delegation, submitted a favorable report, on:
H. 4761 -- Reps. Gamble, Koon, Knotts, Riser, Spearman and Wright: A BILL TO PROHIBIT, UNDER CERTAIN CONDITIONS, A SERVICE CHARGE, TAX, OR BUSINESS LICENSE FEE IMPOSED IN ANY AREA OF LEXINGTON COUNTY THAT HAS BEEN ANNEXED BY A MUNICIPALITY AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4570 -- Rep. Keyserling: A BILL TO AMEND SECTION 44-96-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WASTE TIRES, SO AS TO INCREASE THE MEMBERSHIP OF THE WASTE TIRE GRANT COMMITTEE BY ADDING THE AUTO RECYCLERS AND DISMANTLERS ASSOCIATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN
Ordered for consideration tomorrow.
Printed Page 1490, Mar. 20
| Printed Page 1510, Mar. 20
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