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:
Almighty God, we bow daily at this alter of prayer lest we be tempted to rely on our own strength alone. We are certain of no refuge other than Him Who is the eternal Rock of ages. Give to all as we assume the challenges of this day such a measure of reliance upon God that no crushing cares or tormenting fears shall ever be able to blind our vision or shatter our faith in Him Who says: "I am with you always." Cause us to see our yesterdays as valuable experiences, may we see each today as a gift, and our every tomorrow as a hope. Teach us to value a conscience void of offense as more valuable than all prizes and pedestals that this world can offer.
Lord, in Your mercy, hear our prayer. 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. STODDARD moved that when the House adjourns, it adjourn in memory of Blanche G. Nash of Fountain Inn, which was agreed to.
The following was received.
Columbia, S.C., February 14, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3307:
H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
The following was received.
Columbia, S.C., February 14, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 275:
S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.
Very respectfully,
President
On motion of Rep. WITHERSPOON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WITHERSPOON, RISER and THOMAS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. McABEE, with unanimous consent, the following was taken up for immediate consideration:
H. 4615 -- Reps. McAbee, Carnell, Klauber and Stille: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LANDER UNIVERSITY MEN'S TENNIS TEAM AND COACHES ON TUESDAY, FEBRUARY 20, 1996, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE NATIONAL TENNIS CROWN.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Lander University men's tennis team and coaches on Tuesday, February 20, 1996, at a time to be determined by the Speaker, for the purpose of being recognized for winning the national tennis crown.
The Resolution was adopted.
On motion of Rep. KIRSH, with unanimous consent, the following was taken up for immediate consideration:
H. 4616 -- Rep. Kirsh: A HOUSE RESOLUTION REQUESTING THE HONORABLE SANDRA K. MCKINNEY, CLERK OF THE HOUSE OF REPRESENTATIVES, TO COLLECT AND PUBLISH THE PRAYERS OF THE HOUSE CHAPLAIN, THE REVEREND DR. ALTON C. CLARK OF LITTLE MOUNTAIN, DURING THE 1996 SESSION OF THE GENERAL ASSEMBLY AND PROVIDE FOR DISTRIBUTION OF THE CHAPLAIN'S COLLECTED PRAYERS AS DIRECTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, request the Honorable Sandra K. McKinney, Clerk of the House of Representatives, to collect and publish the prayers of the House Chaplain, the Reverend Dr. Alton C. Clark of Little Mountain, during the 1996 session of the General Assembly, in accordance with previous custom and procedure, and that the collected prayers be distributed, following publication, in the manner directed by the Speaker.
The Resolution was adopted.
The following was introduced:
H. 4617 -- Reps. McAbee, Carnell, Klauber and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY AND HEAD COACH JOSEPH CABRI ON WINNING THE 1995 NCAA DIVISION II NATIONAL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4618 -- Rep. Stuart: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4619 -- Reps. Sharpe, Riser, Rhoad, and Witherspoon: A CONCURRENT RESOLUTION COMMENDING SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT AND ENCOURAGE THESE STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 17-24, 1996.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1143 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM M. THWEATT, JR., UPON HIS BEING NAMED "NORTH AUGUSTA CITIZEN OF THE YEAR" FOR 1995 BY THE NORTH AUGUSTA CHAMBER OF COMMERCE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1144 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BARBARA G. BURRISS OF NORTH AUGUSTA UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4620 -- Reps. Harvin, Felder, Stoddard, Simrill, G. Brown, McKay, Walker, Askins, R. Smith, S. Whipper, Meacham, Littlejohn, Clyburn, J. Young, L. Whipper, Limehouse, Whatley, Wright, Limbaugh, McElveen, Riser and Wells: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO SUBMIT A REPORT TO THE GENERAL ASSEMBLY FOR ITS APPROVAL CONTAINING PROPOSALS FOR THE DISPOSITION OF THESE ASSETS PRIOR TO THE SALE OF REAL PROPERTY ALONG THE SHORES OF LAKES MARION AND MOULTRIE.
Referred to Committee on Labor, Commerce and Industry.
H. 4621 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-305 SO AS TO REQUIRE AN AUTOMOBILE INSURER TO PROVIDE PRIOR WRITTEN NOTICE TO ITS INSURED OF THE INTENTION TO PAY A CLAIM OF ANOTHER PERSON UNDER THE POLICY COVERING THE INSURED.
Referred to Committee on Labor, Commerce and Industry.
H. 4622 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-35-825 SO AS TO EXEMPT FROM PROCEEDINGS TO ENFORCE A JUDGMENT LIEN IN FAVOR OF ANOTHER STATE OR POLITICAL SUBDIVISION OF A STATE ON PROPERTY IN THIS STATE FOR FAILURE TO PAY THAT STATE'S OR POLITICAL SUBDIVISION'S INCOME TAX ON BENEFITS RECEIVED UNDER A PENSION OR OTHER RETIREMENT PLAN, TO PROVIDE THAT SUCH A JUDGMENT MUST NOT BE A LIEN ON ANY PROPERTY OWNED BY A RESIDENT OF THIS STATE, AND TO PROVIDE DEFINITIONS.
Referred to Committee on Ways and Means.
H. 4623 -- Reps. Jaskwhich, Herdklotz, Easterday, Walker, Trotter, Littlejohn, McMahand, Tripp and Elliott: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.
Referred to Committee on Judiciary.
H. 4624 -- Reps. McKay, Sharpe, Limbaugh, Wells, Spearman and Askins: A BILL TO AMEND TITLE 48, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-65 SO AS TO AUTHORIZE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS ONLY UNDER CERTAIN CONDITIONS; AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4626 -- Reps. Fleming and Wilder: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 9 AND 12, 1996, MISSED BY STUDENTS OF THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. FLEMING, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Referred to Committee on Labor, Commerce and Industry.
H. 4628 -- Reps. Davenport, Wofford, Hutson, Quinn, Sharpe and Wells: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL STATUS OF CHILDREN, BY ADDING SUBARTICLE 2 TO ENACT THE PARENTAL RIGHTS AND RESPONSIBILITIES ACT OF 1996, SO AS TO ESTABLISH THE RIGHTS OF PARENTS IN DIRECTING THE UPBRINGING OF THEIR CHILDREN, TO PROHIBIT THE STATE FROM INTERFERING IN THIS RIGHT, TO ALLOW A PARENT TO RAISE A VIOLATION OF THIS SUBARTICLE AS A CLAIM OR DEFENSE, TO PROVIDE FOR ATTORNEY'S FEES WHEN A PARENT PREVAILS, AND TO EXEMPT CERTAIN ACTIONS BETWEEN PARENTS.
Referred to Committee on Judiciary.
H. 4629 -- Reps. Davenport and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-275 TO ENACT THE RELIGIOUS RIGHTS OF STUDENTS ACT SO AS TO PROVIDE FOR CERTAIN RELIGIOUS RIGHTS THAT A PUBLIC SCHOOL STUDENT MAY EXERCISE, TO REQUIRE A WRITTEN REPRIMAND FOR A FIRST VIOLATION BY AN EMPLOYEE WHO PREVENTS OR INTERFERES WITH THE EXERCISE OF THESE RIGHTS, AND TO REQUIRE TERMINATION OF THE EMPLOYEE FOR ANY SUBSEQUENT VIOLATIONS.
Referred to Committee on Education and Public Works.
H. 4630 -- Reps. Davenport, Kelley, Koon, Keegan and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 TO ENACT THE RIGHT TO STUDENT PRAYER ACT SO AS TO AUTHORIZE STUDENT-INITIATED VOLUNTARY PRAYER AT SCHOOL ACTIVITIES AND EVENTS; TO ALLOW A TEACHER OR SCHOOL ADMINISTRATOR TO PERMIT STUDENTS TO PARTICIPATE VOLUNTARILY IN SUCH PRAYER; AND TO PROVIDE PENALTIES.
Referred to Committee on Education and Public Works.
H. 4631 -- Reps. Wilkes, G. Brown, Bailey, Simrill, Meacham, J. Young, Fulmer, Sharpe, Shissias, Wofford, Young-Brickell, Limehouse, Wright, Davenport, Whatley, Cain, Tucker, Carnell, Hodges, R. Smith, Whatley, Breeland, Wilder, Stoddard, Richardson, Cromer, McMahand, Fulmer, L. Whipper, J. Brown, Scott, J. Hines, Knotts, Marchbanks, Neilson, Kennedy and Kinon: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES BEGINNING JULY 1, 1997.
Referred to Committee on Ways and Means.
H. 4632 -- Reps. Loftis, Herdklotz, Trotter, Seithel, Allison, Easterday, Haskins, Cato, Tripp, Byrd, Kelley, Davenport, Rice, Wells, Vaughn, H. Brown and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE.
Referred to Committee on Education and Public Works.
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Referred to Committee on Education and Public Works.
S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.
Referred to Committee on Ways and Means.
S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4633 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION CONGRATULATING EDNA MAE BRUNSON EAGERTON OF CLARENDON COUNTY ON HER SELECTION AS SOUTH CAROLINA'S "MOTHER OF THE YEAR".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Howard Hutson Jaskwhich Jennings Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McElveen McKay McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, February 15.
James H. Hodges Curtis B. Inabinett Douglas E. McTeer, Jr. William F. Cotty Thomas G. Keegan Jerry N. Govan, Jr. Ronald P. Townsend C. Alex Harvin III Ronald C. Fulmer Charles R. Sharpe L. Morgan Martin John G. Felder Gilda Cobb-Hunter June S. Shissias
LEAVES OF ABSENCE
The SPEAKER granted Rep. KEYSERLING a leave of absence for the day.
The SPEAKER granted Rep. LANFORD a leave of absence for the day.
The SPEAKER granted Rep. WHITE a leave of absence for the day.
Rep. STUART, on behalf of the Lexington Delegation presented to the House the Pelion High School boys cross country team, winners of the 1995 State A/AA Championship, their coach and other school officials.
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. 1105 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE FILED EARLIER THAN AUGUST FIRST, OR IF AUGUST FIRST FALLS ON A SUNDAY, NOT EARLIER THAN THE FOLLOWING MONDAY.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4609 -- Reps. Koon, Knotts, Gamble, Riser and Wright: A BILL TO AMEND ACT 218 OF 1993, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATES WHEN NOTICES OF CANDIDACY MAY BE FILED WITH THE COUNTY ELECTION COMMISSION, AND TO AMEND ACT 176 OF 1995, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, SO AS TO PROVIDE THAT THE FILING PERIOD FOR PERSONS DESIRING TO FILE WRITTEN NOTICES OF CANDIDACY SHALL BE AS PROVIDED IN ACT 218 OF 1993.
H. 4611 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY STUDENTS OF INDIAN LAND ELEMENTARY SCHOOL AND INDIAN LAND HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO FLOODING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Joint Resolution was taken up.
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.
Rep. MARCHBANKS moved to continue the Joint Resolution.
Rep. CAVE demanded the yeas and nays, which were not ordered.
The Joint Resolution was continued by a division vote of 33 to 27.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22276SD.96).
Amend the bill, as and if amended, by striking all after the enacting words 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 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 Assembly while he is serving in the General Assembly."
SECTION 2. Sections 1-23-525 and 58-3-24 of the 1976 Code are repealed.
SECTION 3. The 1976 Code is amended by adding:
"Section 2-3-26. If a member of the General Assembly resigns, he must repay any compensation he has received for that year on a pro rata basis. The Clerk of the Senate or the Clerk of the House of Representatives, as appropriate, shall request the repayment of the compensation paid."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
Rep. ROGERS spoke against the amendment.
Rep. ROGERS continued speaking.
Rep. HARRISON spoke in favor of the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. McELVEEN spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. McELVEEN having the floor.
Rep. VAUGHN moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4635 -- Reps. Gamble, Mason, Stoddard, Carnell, Neal, G. Brown, Howard, Sandifer, Kennedy, Walker, Bailey, Whatley, Hutson, Stuart, Simrill, Shissias, Lloyd, Byrd, Herdklotz, Thomas, J. Young, Keegan, Stille, Rhoad, Lee, McCraw, Rice, Robinson, Harvin, Cain, Davenport and Chamblee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT ADDITIONAL PROVISIONS OF LAW WHICH WILL RESTRAIN THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH REASONABLY CAN BE EXPECTED TO BE SEEN BY CHILDREN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4634 -- Reps. Stuart, Lloyd, Allison, Spearman, Gamble, Jaskwhich, Wells, Young-Brickell, Moody-Lawrence, J. Harris, Thomas, Richardson and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS, COMMISSIONS, AND JUDICIAL OFFICES IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.
Referred to Committee on Judiciary.
H. 4636 -- Reps. Gamble, Sandifer, Cain, Stille, Shissias, Stoddard, Robinson, Herdklotz, Rice, Keegan, Walker, Davenport, Carnell and McCraw: A BILL TO AMEND SECTION 56-5-2945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ASSESSED AGAINST A PERSON WHO DRIVES UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE IN WHICH A DEATH OCCURS MAY ONLY APPLY FOR A SPECIAL RESTRICTED DRIVER'S LICENSE AFTER HE HAS COMPLETED HIS SENTENCE AND AFTER HIS MANDATORY PERIOD OF SUSPENSION HAS EXPIRED.
Referred to Committee on Judiciary.
Due to my responsibilities as the sub-committee chairman of the Ways and Means Committee, I will be out of the Chamber at different times during the day.
Rep. RICK QUINN
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. McELVEEN having the floor.
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.
Debate was resumed on Amendment No. 1 by the Committee on Judiciary.
Rep. McELVEEN continued speaking.
Rep. McELVEEN objected to the Bill.
Rep. VAUGHN spoke against the amendment and 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:
Allison Anderson Askins Bailey Baxley Breeland Brown, G. Brown, T. Cain Carnell Cato Cave Chamblee Cotty Davenport Easterday Gamble Govan Hallman Harrell Harris, P. Harvin Herdklotz Hines, J. Hines, M. Howard Jaskwhich Keegan Kelley Kinon Kirsh Knotts Koon Lee Limehouse Littlejohn Lloyd Loftis Mason McCraw McElveen McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Whipper, L. Whipper, S. Wilder Wilkes Williams Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Boan Clyburn Cromer Dantzler Delleney Fleming Harris, J. Harrison Haskins Hutson Jennings Klauber Law Limbaugh Martin McAbee McKay Rice Robinson Shissias Smith, D. Spearman Wilkins
So, the amendment was tabled.
Rep. CARNELL proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5195SD.96).
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 report further, as and if amended, by striking Section 4 and inserting:
/SECTION 2. This act takes effect January 1, 1998./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. D. SMITH raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that the amendment amended the committee report which had already been tabled.
Rep. SHEHEEN stated that the amendment was just inartfully drawn but was germane.
SPEAKER PRO TEMPORE HASKINS stated that the amendment might be inartfully drawn but was germane and he overruled the Point of Order.
Rep. HARRISON spoke against the amendment.
Rep. SHEHEEN moved to divide the question, which was agreed to.
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./
Rep. VAUGHN spoke in favor of the amendment.
Rep. ROGERS spoke in favor of the amendment.
Reps. HODGES and CROMER spoke against the amendment.
Rep. SCOTT spoke against the amendment.
Rep. CROMER 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:
Askins Baxley Boan Brown, G. Cromer Delleney Harrison Haskins Hodges Jennings Martin Rice Sharpe Whipper, S.
Those who voted in the negative are:
Allison Anderson Breeland Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Chamblee Cobb-Hunter Cotty Dantzler Davenport Easterday Gamble Govan Hallman Harrell Harris, J. Harris, P. Herdklotz Hines, J. Hines, M. Howard Hutson Inabinett Jaskwhich Keegan Kelley Kirsh Klauber Knotts Koon Law Lee Limehouse Littlejohn Lloyd Loftis Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Whipper, L. Wilder Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to table the amendment.
Reps. T. BROWN, D. SMITH, VAUGHN, HASKINS, KNOTTS, KELLEY, ALLISON, DAVENPORT, WALKER, SANDIFER and KLAUBER objected to the Bill.
I will not be voting on H. 3062 because I believe it to be a conflict of interest on my part since I have been elected to the Employment Security Commission.
Rep. CAROLE C. WELLS
Rep. TOWNSEND 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. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
Referred to Committee on Education and Public Works.
H. 4638 -- Rep. Jennings: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO DELETE AS A GROUND A PARENT HAVING AN ALCOHOL OR DRUG ADDICTION, MENTAL DEFICIENCY, MENTAL ILLNESS, OR EXTREME PHYSICAL INCAPACITY.
Referred to Committee on Judiciary.
Rep. FLEMING moved that the House do now adjourn, which was adopted.
Rep. MOODY-LAWRENCE moved to reconsider the vote whereby H. 4402 was continued and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.
H. 4617 -- Reps. McAbee, Carnell, Klauber and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY AND HEAD COACH JOSEPH CABRI ON WINNING THE 1995 NCAA DIVISION II NATIONAL CHAMPIONSHIP.
H. 4618 -- Rep. Stuart: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART.
H. 4619 -- Reps. Sharpe, Riser, Rhoad, and Witherspoon: A CONCURRENT RESOLUTION COMMENDING SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT AND ENCOURAGE THESE STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 17-24, 1996.
H. 4633 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION CONGRATULATING EDNA MAE BRUNSON EAGERTON OF CLARENDON COUNTY ON HER SELECTION AS SOUTH CAROLINA'S "MOTHER OF THE YEAR".
At 11:35 A.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Blanche G. Nash of Fountain Inn, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 1:37 P.M.