Printed Page 1701, Mar. 27
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Printed Page 1701, Mar. 27
| Printed Page 1720, Mar. 27
| The following Bill was taken up.
S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22483SD.96).
Amend the bill, as and if amended, in subsection (A) of Section 50-17-370 of the 1976 Code, as contained in SECTION 1, by adding a new sentence at the end to read:
/Boundaries of any designated area may be modified from time to time by the Department of Natural Resources; provided, the notice provisions of subsection (D) shall only apply in the event the proposed modification increases the size of the designated area./
When amended subsection (A) shall read:
(A) The Department of Natural Resources must may designate and shall maintain areas where bona fide residents of this State persons holding or exempted from holding a marine recreational fishing stamp as required by Chapter 20 of this title may gather, for personal use, not more than two U.S. United States bushels of oysters or one-half bushel of clams, or both, in a day. The areas must be designated upon the approval of a majority of the county legislative delegation. The open areas must be located preferably at or near public landings. Boundaries of any designated area may be modified from time to time by the Department of Natural Resources; provided, the notice provisions of subsection (D) shall only apply in the event the proposed modification increases the size of the designated area.
Amend further, by adding a new subsection (D) to Section 50-17-370 of the 1976 Code, as contained in SECTION 1, to read:
/(D) After the effective date of this subsection (D), highland property owners whose property is within one thousand feet of a proposed public shellfish ground must be notified in writing of such proposal, and the area
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. WITHERSPOON continued speaking.
Rep. HALLMAN moved to adjourn debate upon the Bill until Thursday, March 28, which was adopted.
The following Bill was taken up.
H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.
Rep. YOUNG-BRICKELL explained the Bill.
Rep. S. WHIPPER objected to the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED
Rep. GAMBLE explained the Bill.
Reps. SCOTT, S. WHIPPER, MARCHBANKS, JASKWHICH, McMAHAND, HERDKLOTZ, NEAL, D. SMITH, CATO, LAW, HARRISON, KNOTTS, WOFFORD and HODGES objected to the Bill.
The following Bill was taken up.
H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.
Rep. TOWNSEND explained the Bill.
Reps. S. WHIPPER, LLOYD, CANTY, INABINETT, L. WHIPPER and SCOTT objected to the Bill.
The following Bill was taken up.
H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22329SD.96).
Amend the bill, as and if amended, by striking Section 59-63-360 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 59-63-360. The Attorney General shall monitor all reported school crimes and ensure prosecution of those crimes. The Attorney General may represent the local school district when the case is appealed to an appellate court./
Renumber sections to conform.
Amend title to conform.
Rep. JASKWHICH explained the amendment.
Rep. SCOTT objected to the Bill.
Rep. JASKWHICH continued speaking.
Reps. CANTY and CAVE objected to the Bill.
Rep. JASKWHICH continued speaking.
Reps. S. WHIPPER, NEAL, HOWARD and LLOYD objected to the Bill.
The following Bill was taken up.
H. 4586 -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND
Reps. KELLEY, D. SMITH, CAVE, WRIGHT, WITHERSPOON, RISER, NEAL, SCOTT, COBB-HUNTER, HOWARD, COTTY, STUART, KENNEDY, MOODY-LAWRENCE, LLOYD, INABINETT, GOVAN, L. WHIPPER, BYRD, J. HINES and M. HINES objected to the Bill.
The following Joint Resolution was taken up.
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Amend the Joint Resolution, as and if amended, by adding a new subsection to be appropriately numbered to Section 16 of Article XVII of the Constitution of South Carolina, 1895, as contained in SECTION 1 to read:
/( ) Nothing in this section shall be interpreted to prohibit a bona fide state agency from its responsibilities to monitor and implement state laws assuring equal employment opportunity to all persons./
Renumber sections to conform.
Amend totals and title to conform.
Rep. L. WHIPPER explained the amendment.
The amendment was then adopted.
Rep. L. WHIPPER proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2383JM.96).
Amend the joint resolution, as and if amended, page 1, by striking lines 29 and 30 and inserting:
/national origin as a criterion for either discriminating against or for any individual or group in the/
Amend further, page 2, by striking lines 28 and 29 and inserting:
/national origin as a criterion for either discriminating against or for any individual or group in the/
Amend title to conform.
Rep. L. WHIPPER explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. L. WHIPPER having the floor.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4836 -- Rep. Sharpe: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE DESIGNATION OF THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO PROVIDE FOR THE TOTAL AVERAGE WEEKLY WAGE OF MEMBERS OF ORGANIZED VOLUNTEER HAZARDOUS MATERIALS-SPILL RESPONSE TEAMS AND TO PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Referred to Committee on Labor, Commerce and Industry.
H. 4837 -- Reps. Meacham, Herdklotz, Simrill, Rice, Trotter and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2805 SO AS TO IMPOSE AN ADDITIONAL BIENNIAL LICENSING FEE OF FIVE HUNDRED DOLLARS ON VIDEO GAMES WITH A FREE PLAY FEATURE, TO CREDIT THE REVENUE TO A SEPARATE "VIDEO GAMING SOCIAL CONSEQUENCES FUND" ADMINISTERED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND TO PROVIDE FOR THE USE OF THE FUND REVENUES FOR ENFORCEMENT OF VIDEO GAMING LAWS AND REGULATIONS, AND FOR MAKING GRANTS TO PUBLIC AND PRIVATE NONPROFIT AGENCIES FOR PROGRAMS AMELIORATING THE SOCIAL CONSEQUENCES OF VIDEO GAMING.
Referred to Committee on Ways and Means.
H. 4838 -- Reps. Moody-Lawrence, Kirsh, McMahand, Harvin, L. Whipper, Inabinett, M. Hines, Sheheen, J. Hines, Cobb-Hunter, Neal, Breeland, S. Whipper, White, H. Brown, Meacham, Kennedy, McCraw, Bailey, Allison, Young-Brickell, Clyburn, Lloyd, Cave, T. Brown, Scott, Howard, Byrd, Wells, Lee, Canty, Davenport, Simrill, Walker, Anderson, Tripp, Littlejohn, Delleney and Waldrop: A JOINT RESOLUTION TO INSTRUCT THE DEPARTMENT OF REVENUE AND TAXATION TO DEVELOP A PROCESS THAT ALLOWS A DRIVER WHO COMMITS A TRAFFIC VIOLATION IN ANOTHER STATE TO INFORM THE DEPARTMENT OF THE VIOLATION AND ITS DISPOSITION.
Referred to Committee on Education and Public Works.
The following was taken up for immediate consideration:
H. 4839 -- Reps. Kelley, T. Brown, Keegan, Martin, Thomas, Witherspoon and Worley: A CONCURRENT RESOLUTION RECOGNIZING THE U.S.S. LOWNDES 1996 REUNION IN SOUTH CAROLINA IN MEMORY OF THE DISTINGUISHED SOUTH CAROLINIAN FOR WHOM THIS WORLD WAR II NAVY SHIP WAS NAMED.
Whereas, the U.S.S. Lowndes APA 154, a Navy Assault Personnel Attack Ship of World War II, is named for William Lowndes, a South Carolina statesman with outstanding achievements in the South Carolina General Assembly and the United States Congress during the early l9th Century; and
Whereas, crew members of the U.S.S. Lowndes will recognize this distinguished South Carolinian and his State by holding their 1996 Reunion at Myrtle Beach; and
Whereas, during his relatively short life from 1782-1822, William Lowndes compiled an incredible record of accomplishments as a member of the South Carolina House of Representatives and the United States House of Representatives; and
Whereas, in Congress he was a strong advocate of increasing the nation's military and naval strength and served as Chairman of the House Committee on Navy Affairs as well as Chairman of the Ways and Means Committee and in other key leadership positions; and
Whereas, he was nominated for President of the United States by the South Carolina Legislature (but declined to accept) and prominent statesman Henry Clay described Lowndes as the "wisest man I ever knew"; and
Whereas, the States of Alabama, Georgia, and Mississippi all recognized the outstanding achievements of this distinguished South Carolinian and named counties for him in each of their respective states; and
Whereas, the United States Navy made a decision to place the name of this great South Carolinian on one of its World War II ships; and
Whereas, after being launched in July 1944, the U.S.S. Lowndes engaged in World War II operations involving the transport of troops in the Pacific area and participation in the battles of Iwo Jima and Okinawa, including landing operations by the ship's beach battalion during the assault on Iwo Jima; and
Be it resolved by the House of Representatives, the Senate concurring:
That William Lowndes be memorialized in recognition of his outstanding leadership and service to South Carolina and the United States, including his accomplishments that resulted in the decision to name the U.S.S. Lowndes APA 154 in his memory.
Be it further resolved that the U.S.S. Lowndes Reunion be extended a cordial welcome to South Carolina for the 1996 Reunion at Myrtle Beach and that our commendation and appreciation be extended to all members of the U.S.S. Lowndes for their exemplary service to our nation in World War II.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The SPEAKER Pro Tempore granted Rep. BAILEY a leave of absence.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 2, Rep. L. WHIPPER having the floor.
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article XVII of the Constitution of this State be amended by adding:
"Section 16. (A) Neither the State of South Carolina nor any of its political subdivisions shall use race, sex, color, ethnicity, or national origin as a criterion for either discriminating against or for any individual or group in the operation of the state's system of public employment, public education, or public contracting.
(B) This section shall apply only to state action taken after the effective date of this section.
(C) Allowable remedies for violation of this section shall include reasonable attorney's fees.
(D) Nothing in this section shall be interpreted as prohibiting classifications based on sex that are reasonably necessary to the normal operation of the state's system of public employment or public education, including the authorization for or establishment of single-gender institutions of higher learning by the General Assembly, when such institutions are consistent with the public policy of this State as stated by the General Assembly.
(E) Nothing in this section shall be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this section.
(F) Nothing in this section shall be interpreted as prohibiting state action that is necessary to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State.
(G) Nothing in this section shall be construed as prohibiting a public agency from obeying a court order requiring the consideration of racial, ethnic, national origin, gender, or religious characteristics to remedy the effects of its own past discriminatory practices.
(H) If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent permitted by federal law and the United States Constitution. Any provision held invalid shall be severable from the remaining portions of this section.
(I) Nothing in this section shall be interpreted to prohibit a bona fide state agency from its responsibilities to monitor and implement state laws assuring equal employment opportunity to all persons."
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