Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Before we enter into the duties of this day, we pause, Lord, to pray in recognition of Your greatness and to ask Your blessings. Give to each one who labors here a clear mind, a sound judgment, and a steadfast dedication. We ask not that our work load be made lighter, but for strength enough to carry these loads. In our perplexities, counsel us; in our sorrow, comfort us; in our weakness, strengthen us. Set us free from errors and faults that blind us, from fears and doubts that assail us that we may have clear vision of those ideals which call and challenge us to a life of honor and service.
And as we conclude our prayer, we ask that You make us worthy of the past and equal to the present. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. CROMER moved that when the House adjourns, it adjourn in memory of Sara Niske of Columbia, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4580 -- Reps. Fleming, Knotts, Bailey, Cotty, Cromer, Sandifer, Easterday, Littlejohn, Koon, Stoddard, Herdklotz, Meacham, Robinson, Haskins, Quinn, Law, Fulmer, Wright, Cato, Davenport, McKay and Limbaugh: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM SCHOOL OPERATING MILLAGE AN AMOUNT EQUAL TO FIVE THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF ALL PRIVATE PASSENGER MOTOR VEHICLES AND TRUCKS WITH AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS WHEN REGISTERED TO AN INDIVIDUAL FOR PERSONAL USE.
Referred to Committee on Ways and Means.
H. 4581 -- Reps. J. Harris, Baxley and Jennings: A BILL TO AMEND ACT 205 OF 1993, RELATING TO THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ON THE BOARD SHALL BE FILLED.
On motion of Rep. J. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4582 -- Reps. Wilkins, Wofford, Waldrop, Trotter and Wilder: A BILL TO ENACT THE OMNIBUS HIGHWAY SAFETY ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES; AND BY AMENDING SECTION 56-5-6540, RELATING TO ENFORCEMENT AND PENALTIES FOR FAILING TO WEAR A SAFETY BELT, SO AS TO INCREASE THE FINE FROM TEN TO TWENTY-FIVE DOLLARS, AND TO AUTHORIZE ENFORCEMENT OF SAFETY BELT VIOLATIONS IN THE ABSENCE OF OTHER VIOLATIONS.
Referred to Committee on Judiciary.
H. 4583 -- Reps. Cooper, D. Smith, Tripp, Townsend, Baxley, Wofford, Rice, Quinn, Robinson, Hallman, Thomas, Klauber, Kelley, Vaughn, Allison, Chamblee, Trotter, Young-Brickell, Haskins, Cato, Easterday, Marchbanks and J. Young: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH EACH LOCAL SCHOOL DISTRICT SHALL ADOPT, ACQUIRE, AND PROVIDE SCHOOL TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS FOR THE SCHOOLS OF THE DISTRICT BEGINNING WITH THE SCHOOL YEAR 1997-98; TO AMEND SECTION 59-5-60, RELATING TO THE GENERAL POWERS OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE ITS POWERS WITH REGARD TO THE PRESCRIPTION OF SCHOOL TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS; AND TO REPEAL CHAPTER 31 OF TITLE 59 RELATING TO THE STATE SCHOOL TEXTBOOK SYSTEM.
Referred to Committee on Education and Public Works.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
Referred to Committee on Education and Public Works.
H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Carnell Cato Cave Chamblee Clyburn Cooper Cromer Dantzler Delleney Easterday Fleming Gamble Hallman Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lee Limbaugh Littlejohn Loftis Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Phillips Richardson Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Townsend Trotter Tucker Vaughn Waldrop Wells Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, February 8.
Robert E. Walker G. Ralph Davenport, Jr. Timothy F. Rogers Ronald C. Fulmer Michael S. Whatley William F. Cotty William D. Keyserling Steve P. Lanford Alfred B. Robinson, Jr. John L. Scott, Jr. Walter P. Lloyd H.B. Limehouse III Thomas N. Rhoad Daniel L. Tripp Bradley D. Cain David A. Wright Bessie Moody-Lawrence Joseph H. Neal John G. Felder John W. Riser Charles R. Sharpe Jerry N. Govan, Jr. Timothy C. Wilkes Denny W. Neilson Alma W. Byrd Harry R. Askins Harry C. Stille Gilda Cobb-Hunter James N. Law Robert W. Harrell, Jr. Ralph W. Canty Rex Fontaine Rice C. Alex Harvin III
STATEMENT RE ROLL CALL
I was present during the proceedings today. As Chairman of the Ways and Means Criminal Justice Sub-Committee, I had responsibility out of the Chamber. Therefore, I will refuse subsistence.
Rep. RICHARD M. QUINN, JR.
The SPEAKER granted Rep. WRIGHT a temporary leave of absence.
The SPEAKER granted Rep. INABINETT a leave of absence for the day, due to destruction of his home by fire.
Reps. HARVIN, TRIPP, WILLIAMS and WRIGHT signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, February 6.
The following Bill 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.
S. 1088 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE COLLETON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.
The following Bill was taken up.
H. 4433 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-385 SO AS TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO AUTHORIZE THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED OR REVOKED FOR A PERIOD LONGER THAN FIVE YEARS WHEN THE PERSON HAS HAD NO VIOLATIONS AFFECTING HIS LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS IMMEDIATELY BEFORE THE FILING OF HIS APPLICATION.
Rep. SIMRILL spoke against the Bill.
The question then recurred to the passage of the Bill on third reading.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, J. Brown, T. Cave Harris, P. Harrison Hines, J. Hines, M. Howard Jennings Kinon Lee Martin McTeer Neal Thomas Tucker Whipper, L. Whipper, S. Williams Witherspoon Wofford
Those who voted in the negative are:
Allison Bailey Baxley Boan Brown, G. Brown, H. Cato Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Hallman Harrell Harris, J. Haskins Herdklotz Hodges Hutson Jaskwhich Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Loftis Marchbanks Mason McAbee McCraw McElveen Meacham Phillips Rice Richardson Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Trotter Vaughn Waldrop Walker Wells Whatley Wilder Worley Young Young-Brickell
So, the Bill was rejected.
I inadvertently voted no on H. 4433 but intended to vote yea.
Rep. WILLIAM CLYBURN
Rep. MARCHBANKS moved to adjourn debate upon the following Joint Resolution until Thursday, February 15, which was adopted.
H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.
The following Bill was taken up.
H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.
Rep. McTEER explained the Bill.
Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3536 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT AN INDIVIDUAL WHO OWNS A MOTOR VEHICLE OR HOLDS A MOTOR VEHICLE UNDER LEASE AND WHO, UNDER WRITTEN CONTRACT OR LEASE, PROVIDES THAT VEHICLE AND THE SERVICES OF A DRIVER TO A MOTOR CARRIER MUST BE CONSIDERED AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF THE MOTOR CARRIER FOR PURPOSES OF TITLE 42, WORKERS' COMPENSATION.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4267 -- Reps. Cato and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT INSURERS ISSUING A WORKERS' COMPENSATION INSURANCE POLICY SHALL OFFER, AS A PART OF THE POLICY OR AS AN OPTIONAL ENDORSEMENT TO THE POLICY, DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR BENEFITS PAYABLE UNDER TITLE 42, WORKERS' COMPENSATION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Rep. YOUNG-BRICKELL explained the Bill.
The question then recurred to the passage of the Bill on second reading.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Cato Cave Chamblee Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Haskins Herdklotz Hines, J. Hines, M. Hodges Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, it was ordered that H. 4267 be read the third time tomorrow.
The following Bill was taken up.
H. 4369 -- Reps. Cato, Kirsh, Riser, Vaughn and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-39-40 SO AS TO PROVIDE FOR THE VOLUNTARY WITHHOLDING OF STATE AND FEDERAL INCOME TAXES FROM UNEMPLOYMENT COMPENSATION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5171HTC.96), which was adopted.
Amend the bill, as and if amended, by striking Section 41-39-40(D), as contained in Section 1, page 2, and inserting:
/(D) Amounts must be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, or any other amount required to be deducted and withheld under this title./
Reletter subsections to conform.
Amend title to conform.
Rep. YOUNG-BRICKELL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, it was ordered that H. 4369 be read the third time tomorrow.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.
The following Bill was taken up.
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.
Reps. WILKINS, SIMRILL, WELLS, ASKINS, ALLISON, McCRAW, RICHARDSON, VAUGHN, MEACHAM, HARRISON, KEYSERLING, YOUNG, PHILLIPS, R. SMITH, MARCHBANKS, LOFTIS, LITTLEJOHN, DAVENPORT, WILKES, STUART and BAILEY objected to the Bill.
The Senate amendments to the following Bill were taken up for consideration.
H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.
Rep. HARRISON moved to adjourn debate upon the Senate amendments until Tuesday, February 13, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.
Rep. HARRISON moved to adjourn debate upon the Senate amendments until Tuesday, February 13, which was adopted.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.
H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.
The following Bill was taken up.
H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.
Rep. FLEMING spoke against the Bill.
Rep. WITHERSPOON spoke in favor of the Bill.
Rep. FLEMING moved to continue the Bill, which was not agreed to by a division vote of 32 to 61.
The question then recurred to the passage of the Bill on third reading.
Rep. FLEMING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Boan Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Fulmer Gamble Govan Hallman Harris, J. Harris, P. Harrison Hines, J. Hines, M. Hodges Howard Hutson Jennings Keegan Kelley Keyserling Kinon Knotts Lanford Law Lee Limehouse Lloyd Martin McAbee McCraw McTeer Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Scott Seithel Sharpe Shissias Smith, D. Smith, R. Stille Stuart Thomas Townsend Tucker Vaughn Whatley Whipper, S. White Wilkes Witherspoon Worley Wright Young
Those who voted in the negative are:
Allison Askins Cain Canty Chamblee Cooper Davenport Delleney Easterday Fleming Haskins Herdklotz Kirsh Klauber Koon Littlejohn Loftis Marchbanks Mason McElveen McMahand Meacham Moody-Lawrence Rice Sandifer Sheheen Simrill Stoddard Tripp Trotter Waldrop Walker Wells Wilder Young-Brickell
So, the Bill was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.
Whereas, Joseph Jefferson Wofford "Shoeless Joe" Jackson was born on July 16, 1889, in Pickens County; and
Whereas, Joe's family moved to the Brandon Mill Community in Greenville County when he was six years of age; and
Whereas, by 1902, at thirteen years of age, he was working twelve hours a day in a cotton mill in Greenville County; and
Whereas, Joe's only escape from the drudgery of the mill was in the fields playing baseball; and
Whereas, at the age of fifteen he was an outfielder for the Brandon Mill Baseball Team; and
Whereas, at nineteen years of age Joe signed a seventy-five dollar a month contract to begin his professional baseball career playing for the Greenville Spinners in 1908; and
Whereas, Connie Mack, upon discovering Joe's talent, is credited with saying, "An apothecary down in that burg who had previously written me some good tips in regard to young prospects kept urging me to give this fellow a trial. But what intrigued me most was that this prodigy played without shoes. He doesn't wear spikes or in fact any kind of covering for his feet, came the tip. He's so fast that he can tear around those bases without any such help."; and
Whereas, on July 19, 1908, Joe married his greatest fan and sweetheart, Katie Wynn; and
Whereas, he played for the Philadelphia Athletics during the 1908-1909 season and for the Cleveland Indians from 1910-1915; and
Whereas, while playing for the Indians, Ty Cobb said that Joe was the finest natural hitter he had ever seen; and
Whereas, at the end of the 1915 season, he was traded to the Chicago White Sox where he played on the White Sox's 1917 World Series Championship Team; and
Whereas, the moment in history that "Shoeless Joe Jackson" unfortunately is remembered best is for supposedly throwing the 1919 World Series game between the White Sox and the Cincinnati Reds; and
Whereas, Joe and seven of his teammates were banished from organized baseball for life by Baseball Commissioner, Judge Kenesaw Mountain Landis for this alleged crime even though they were found innocent in a jury trial in 1921; and
Whereas, in 1929, Joe and Katie returned to Greenville County as heroes for giving their best to major league baseball and proceeded to open and operate several businesses; and
Whereas, Joe died on December 5, 1951; and
Whereas, there has been an ongoing battle to have his name entered into the Major League Baseball Hall of Fame; and
Whereas, in an effort to demonstrate Joe's importance to baseball and to the community in which he lived, KM Fabrics, Inc., on December 7, 1993, donated and deeded the land known as Old Brandon Mill Ball Field to the Greenville County Recreation District. This is the field on which Joe learned to play the game he truly loved; and
Whereas, The Greenville County Recreation District conducted a "ground breaking" ceremony at this site on October 27, 1994, for the "Shoeless Joe Jackson Memorial Park"; and
Whereas, a grand opening and dedication ceremony for the park will take place on Saturday, March 30, 1996; and
Whereas, it is fitting and proper that a portion of United States Highway 123 in Greenville County from the Greenville County line continuing to Pendleton Street be named the "Shoeless Joe Jackson Memorial Parkway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation designate and name a portion of United States Highway 123 in Greenville County described in this resolution as the "Shoeless Joe Jackson Memorial Parkway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Shoeless Joe Jackson Memorial Parkway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Joseph Jefferson Wofford Jackson.
Rep. RICE proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3512CM.96), which was adopted.
Amend the concurrent resolution, as and if amended, page 2, by striking lines 33 through 39 and inserting:
/Whereas, in an effort to demonstrate Joe's importance to baseball and to the community in which he lived, KM Fabrics, Inc., on December 7, 1993, donated and deeded the land known as Old Brandon Mill Ball Field to the Greenville County Recreation District. This is the field on which Joe learned to play the game he truly loved; and
Whereas, The Greenville County Recreation District conducted a "ground breaking" ceremony at this site on October 27, 1994, for the "Shoeless Joe Jackson Memorial Park"; and
Whereas, a grand opening and dedication ceremony for the park will take place on Saturday, March 30, 1996; and/
Amend further by striking the last whereas clause before the resolving words and inserting:
/Whereas, it is fitting and proper that a portion of United States Highway 123 in Greenville County from the Greenville County line continuing to Pendleton Street be named the "Shoeless Joe Jackson Memorial Parkway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,/
Amend further by striking all after the resolving clause and inserting:
/That the members of the General Assembly request that the Department of Transportation designate and name a portion of United States Highway 123 in Greenville County described in this resolution as the "Shoeless Joe Jackson Memorial Parkway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Shoeless Joe Jackson Memorial Parkway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Joseph Jefferson Wofford Jackson./
Amend further by striking the title and inserting:
/TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON./
Amend title to conform.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. SHEHEEN.
The following Bill was taken up.
H. 4360 -- Reps. Hallman, Keyserling, Cain, Bailey, Simrill, Kirsh and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING YEAR'S TAX DUE IN EACH CATEGORY OF TAX IMPOSED FOR THE CURRENT TAX YEAR AND TO PROVIDE EXCEPTIONS.
Reps. CAVE, HERDKLOTZ and PHILLIPS proposed the following Amendment No. 1, which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
SECTION 1. Chapter 45, Title 12 of the 1976 Code of Laws is amended by adding:
"Section 12-45-73. (A) Every property tax bill for real property must include for each governmental entity imposing a property tax, the tax due for the preceding property tax year for both the operating and debt service for that entity, as well as the current year's tax due for operating and debt service purposes. This requirement does not apply when improvements have been made to the property or the assessment ratio or use classification of the property has changed from the previous property tax year.
(B) Any governmental entity which issues property tax notices shall be reimbursed for any cost incurred to implement the requirements of this section upon following the procedure set forth below, in the manner set forth below. Reimbursable costs under this provision include costs for acquisition or modification of computer software, computer hardware, tax forms, incremental increases in postage due to increased form size or weight, and any surcharges or increases in the cost of a contract between the governmental entity and a private service which handles property tax notice preparation, printing, or mailing for which the governmental entity is contractually bound to pay.
Any increased costs must be set forth in an affidavit submitted on behalf of the governmental entity to the Comptroller General. The Comptroller General shall then have forty-five days from the date the affidavit is received to review the contents of the affidavit and issue a voucher for the payment of the incremental cost of implementing this section. The Comptroller General's voucher shall then be forwarded to the Treasurer who must issue a check drawn on the general fund of the state for the amount of the voucher within fifteen days of receipt.
Rep. CAVE explained the amendment.
The amendment was then adopted.
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 Askins Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Brown, T. Cain Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Govan Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Keegan Kelley Keyserling Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McElveen McKay McTeer Meacham Moody-Lawrence Neilson Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Breeland McAbee McCraw Phillips Whipper, S. Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
I would like to be placed on record as being opposed to H. 4360.
Rep. GILDA COBB-HUNTER
I would like to be placed on record as being opposed to H. 4360.
Rep. LUCILLE S. WHIPPER
Rep. KELLEY moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
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 SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.
Referred to Committee on Education and Public Works.
H. 4587 -- Reps. Jennings, J. Harris and Kinon: A BILL TO CREATE THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT AND TERMS OF THE MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.
On motion of Rep. JENNINGS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4588 -- Reps. Keyserling, Whatley, G. Brown, Wilder, S. Whipper, Lloyd, J. Hines, McCraw, Canty, L. Whipper, J. Brown, Byrd, M. Hines and Phillips: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF CRIMINAL RECORDS AFTER DISCHARGE, DISMISSAL, OR FINDING OF INNOCENCE OF A PERSON, SO AS TO REQUIRE THE PRESIDING JUDGE TO ISSUE AN ORDER TO THE MUNICIPAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCY THAT INITIATED THE ACTION AGAINST THE PERSON TO DESTROY THE PERSON'S CRIMINAL RECORD AND TO SEND A COPY OF THE ORDER TO THE PERSON AGAINST WHOM THE CHARGES WERE BROUGHT, AND TO REQUIRE THE LAW ENFORCEMENT AGENCY TO INFORM THE PERSON THAT HIS CRIMINAL RECORD HAS BEEN DESTROYED.
Referred to Committee on Judiciary.
H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
Referred to Committee on Judiciary.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
At 10:55 A.M. the House in accordance with the motion of Rep. CROMER adjourned in memory of Sara Niske of Columbia, to meet at 10:00 A.M. tomorrow.
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