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:
God of our fathers and our God today, give us the ability to fulfill our high calling. Make us to cherish all that is good in our heritage and welcome all that is worthy in innovation. Help us to treasure the wisdom of the past but also be ready for new revelations for the future. Give to each of us resources sufficient for what needs to be done. Grant to each one the individuality that is creative, the discipline which sustains, the diversity which enriches, and the unity of purpose that moves forward Your Kingdom on earth.
To You, Lord, we give our praise and thanksgiving. 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. CARNELL moved that when the House adjourns, it adjourn in memory of Samuel Lindsey Nickles of Hodges, which was agreed to.
The following was received.
Columbia, S.C., March 6, 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 S. 625:
S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 599 -- Senator Thomas: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO AUTHORIZE THE BOARD TO CHANGE ITS CORPORATE NAME IN THE SAME MANNER AS ANY OTHER NONPROFIT CORPORATION AND TO PROVIDE THAT THE POWERS AND DUTIES OF THE SYSTEM ARE CONSIDERED THE POWERS AND DUTIES OF A SUCCESSOR CORPORATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4713 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING THE LEE COUNTY SECTION OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED, ON ITS TENTH ANNIVERSARY OF SERVICE TO SOUTH CAROLINA, AND RECOGNIZING THE ACCOMPLISHMENTS OF DR. DOROTHY IRENE HEIGHT, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1230 -- Senators O'Dell and Bryan: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FRIEND AND FORMER COLLEAGUE, THE HONORABLE MILFORD "DOLLY" COOPER, FOR HIS SERVICE TO THE PEOPLE OF THE PIEDMONT COMMUNITY IN ANDERSON COUNTY AS HE CLOSES THE DOORS OF THE PIEDMONT ECONOMY STORE FIFTY-SEVEN YEARS AFTER HE OPENED IT FOR BUSINESS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate returned to the House with amendments the following:
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.
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 following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4714 -- Rep. Scott: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
Referred to Committee on Judiciary.
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 BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.
Referred to Committee on Labor, Commerce and Industry.
H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4718 -- Reps. Limbaugh, Seithel, Harrison, Wofford, Cooper, Stuart, Knotts, Dantzler, Young-Brickell, Meacham, Whatley, Law, Askins, Chamblee, Rice, Keegan, Cato, Stille, Haskins, Tripp, J. Young, Limehouse, Witherspoon, Loftis, Gamble and Wilkins: A BILL TO AMEND SECTION 20-7-2095, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE PAROLE BOARD MAY CHOOSE INSTEAD TO CONDUCT AN ANNUAL REVIEW.
Referred to Committee on Judiciary.
S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.
Referred to Committee on Education and Public Works.
S. 1089 -- Senators Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson: 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 TRANSFER THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO REPRESENT LOCAL SCHOOL DISTRICTS WHEN THESE CASES ARE APPEALED TO AN APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT; AND TO AMEND SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE ALSO SHALL BE CONTACTED.
Referred to Committee on Education and Public Works.
S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.
Referred to Committee on Ways and Means.
S. 1204 -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
On motion of Rep. MEACHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4715 -- Reps. R. Smith, Sharpe, Mason and Clyburn: A HOUSE RESOLUTION TO CONGRATULATE THE COUNTY OF AIKEN AND ITS CITIZENS UPON THE OCCASION OF THE ONE HUNDRED TWENTY-FIFTH ANNIVERSARY OF THE COUNTY'S FOUNDING ON MARCH 10, 1996.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1231 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RYAN CROUT, EIGHT YEARS OLD OF GILBERT, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows.
Anderson Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McElveen McMahand McTeer Meacham Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White 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, March 7.
Dwight A. Loftis John W. Tucker, Jr. Gilda Cobb-Hunter Woodrow M. McKay Ronald P. Townsend Merita A. Allison L. Morgan Martin Bessie Moody-Lawrence G. Ralph Davenport, Jr. Alma W. Byrd Ralph W. Canty C. Alex Harvin III
LEAVES OF ABSENCE
The SPEAKER granted Reps. RICHARDSON, KEYSERLING and ASKINS a leave of absence for the day.
The SPEAKER granted Rep. LOFTIS a temporary leave of absence.
Rep. WORLEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 6.
Reps. FELDER and McELVEEN signed a statement with the Clerk that they were not present during the Session but arrived in time to attend the Committee meetings on Wednesday, March 6.
Announcement was made that Dr. Annette Lynn of Columbia is the Doctor of the Day for the General Assembly.
Rep. D. SMITH arose to a Point of Personal Privilege.
I do not support H. 4597, the School Accountability Act of 1996, in its present form.
Rep. JOE E. BROWN
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.
H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4703 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.
On motion of Rep. McELVEEN, with unanimous consent, it was ordered that H. 4704 be read the third time tomorrow.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, March 12, which was adopted.
H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.
The following Bill was taken up.
H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".
Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2250DW.96), which was adopted.
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/ SECTION 1. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1317. (A) No election official as defined in Section 8-13-1300 (10(B) may:
(1) become involved in any way in the campaign of any candidate for any office. This would prohibit any activity in the campaign of federal offices, including candidates for President, Vice President, United States Senate and United States House of Representatives, and any office that could be protested or appealed in an election contest to the board of canvassers;
(2) make financial contributions or contribute personal service to any candidate or candidates for public office;
(3) make a public endorsement of any candidate for public office;
(4) serve as a poll watcher for a candidate for public office or for a political party in a primary or general election; or
(5) serve as a poll manager in any election.
(B) The provisions of subsection (A) apply from the beginning of an election cycle until the time that a candidate files a final campaign report."
SECTION 2. Section 8-13-1300(10) of the 1976 Code is amended to read:
"(10)(A) 'Election cycle' means the period of a term of office beginning on the day after the general election for the office, up to and including the following general election for the same office, including a primary, special primary, or special election; however, the contribution limits under Sections 8-13-1314 and 8-13-1316 apply only to elections occurring on or after January 1, 1992, and are for each primary, runoff, or special election in which a candidate has opposition and for each general election. If the candidate remains unopposed during an election cycle, one contribution limit shall apply. (B) 'Election official' means a member or employee of a municipal, county, or state election commission, whether elected or appointed; a member or employee of a county voter registration board, whether elected or appointed."
SECTION 3. This act takes effect upon approval by the Governor./
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. STUART moved that the House recur to the morning hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 1220 -- Senator Matthews: A BILL TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The motion of Rep. ROBINSON to reconsider the vote whereby debate was adjourned on the following Bill until Wednesday, March 13 was taken up and agreed to.
H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.
On motion of Rep. McTEER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.
The motion period was dispensed with on motion of Rep. SHEHEEN.
The following Bill was taken up.
H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.
Reps. CROMER and HARRISON proposed the following Amendment No. 9 (Doc Name P:\amend\GJK\22449SD.96), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 2-1-105. (A) 'Salaried office or position' means an office or position on the Employment Security Commission, the Public Service Commission, the Administrative Law Judge Division, or such other commissions or entities as may be established by law, in which a person receives compensation for services rendered but does not include the receipt of per diem, mileage, or subsistence received in the performance of responsibilities.
(B) No member of the General Assembly may apply for or be elected to a salaried office or position which is filled by election of the General Assembly while he is serving in the General Assembly and for a period of twelve months thereafter."
SECTION 2. Sections 1-23-525 and 58-3-24 of the 1976 Code are repealed./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5195SD.96), which was tabled.
Amend the bill, as and if amended, by striking subsection (B) of Section 2-1-105 of the 1976 Code, as contained in Section 1, and inserting:
/(B) No member of the General Assembly may apply for or be elected to a salaried office or position which is filled by election of the General Assembly while he is serving in the General Assembly and for a period of eighteen months thereafter./
Amend the bill further, as and if amended, by striking Section 2 and inserting:
/SECTION 2. This act takes effect January 1, 1998./
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 5, which was proposed on Wednesday, March 6, by Reps. HARRISON, HODGES and D. SMITH.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. HARRISON explained the Bill.
Rep. SCOTT moved to table the Bill.
Rep. TROTTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Byrd Hines, J. Hines, M. McMahand Scott
Those who voted in the negative are:
Allison Baxley Brown, G. Brown, H. Brown, T. Cain Carnell Cato Cave Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fulmer Gamble Govan Harrell Harris, J. Harris, P. Harrison Harvin Haskins Herdklotz Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Phillips Quinn Rice Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Worley Young Young-Brickell
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Whatley Whipper, L. Whipper, S. Wilder Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
McMahand Rogers
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3062 be read the third time tomorrow.
I voted against the amended version of H. 3062 because I believe that a one-year waiting period is insufficient. A member should be required to be out of the General Assembly for a longer period of time before becoming eligible for election to a salaried board or commission position, in my opinion. I applaud Rep. VAUGHN for his sponsorship of this Bill, and respect his decision to accept this compromise. I just think that this issue is of fundamental importance to the effort to reform our government, and I hope efforts will continue in the future to expand the waiting period. In my opinion, this is needed to reduce the advantage of legislators to secure election to these positions, and to even the playing field for other citizens who seek to serve.
Rep. TIMOTHY F. ROGERS
Had I been present today, I would have voted in favor of H. 3062 as amended on second reading.
Rep. WILLIAM D. KEYSERLING
Rep. McTEER moved that the House recur to the morning hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4719 -- Reps. McTeer, Wilder, J. Hines, McMahand, Breeland, M. Hines, L. Whipper, Sheheen, Kirsh, Neilson, McElveen, White, Bailey, Carnell, McCraw, Cromer, R. Smith, Rhoad, Jennings, Stille, Williams, Anderson, Lloyd, J. Brown, Baxley, Kinon and Phillips: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SCHOOL BOARDS OF TRUSTEES PROVIDING FOR KINDERGARTENS, SO AS TO PROVIDE THAT THE FIVE-YEAR-OLD KINDERGARTEN PROGRAM IN EACH SCHOOL DISTRICT MUST BE A FULL-DAY PROGRAM BEGINNING WITH SCHOOL YEAR 1996-97, TO ALLOW PARENTS TO ELECT TO WITHHOLD THEIR CHILDREN FROM THE PROGRAM, TO PROVIDE THE NOTICE OF ENROLLMENT REQUIRED AND THE METHOD OF COUNTING STUDENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO AUTHORIZE A SCHOOL DISTRICT OR SCHOOL TO OBTAIN AN ANNUAL WAIVER FROM THE STATE BOARD OF EDUCATION FOR UP TO THREE YEARS FROM THE FULL-DAY FIVE-YEAR-OLD KINDERGARTEN REQUIREMENT, AND TO PROVIDE THE BASIS FOR GRANTING THE WAIVER, TO AUTHORIZE THE USE OF A DISTRICT'S ALLOCATION FOR THE PROGRAM TO RENT APPROPRIATE FACILITIES FOR UP TO THREE YEARS, AND TO PROVIDE FOR AN AUTOMATIC WAIVER TO A DISTRICT IF FUNDS FOR THE PROGRAMS ARE NOT APPROPRIATED BY THE GENERAL ASSEMBLY.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4720 -- Reps. Cooper, Wilder, J. Hines, G. Brown, Inabinett, Clyburn, Breeland, Canty, Mason, McCraw, Stuart, Stille, Jennings, White, L. Whipper, Lloyd, Anderson, Koon, Chamblee, Keegan, Carnell, Scott, Gamble, Baxley, Fulmer, J. Young, Riser, Herdklotz, Tripp, Felder, Sandifer, Lanford, Trotter, Simrill, R. Smith, Hodges, Kinon, Rhoad, McKay, Robinson, Haskins, Easterday, Lee, McTeer, Vaughn, Whatley and Phillips: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT OF THE GENERAL ASSEMBLY FOR ADULT EDUCATION IN SOUTH CAROLINA AND TO THE DEPARTMENT OF EDUCATION WHICH OVERSEES ADULT EDUCATION IN THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
Rep. MARCHBANKS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4700 -- Reps. J. Young, McElveen, Canty, G. Brown, Neal, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF SERGEANT CHARLES B. KUBALA, SR., THE SUMTER COUNTY DEPUTY SHERIFF WHO WAS KILLED IN THE LINE OF DUTY ON FEBRUARY 26, 1996.
H. 4710 -- Reps. Davenport, Lee, Littlejohn, Lanford, Wells, Wilder, Walker, Vaughn, Allison and D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JOHN RENFRO OF LANDRUM FOR BEING NAMED CHAIRMAN OF THE 1996 ARTS PARTNERSHIP CAMPAIGN AND WISH HIM CONTINUED SUCCESS IN THE FUTURE.
H. 4711 -- Reps. Davenport, Lee, Littlejohn, Wells, Wilder, Lanford, Walker, Vaughn, Allison and D. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE MILLIKEN & COMPANY FOR BEING AWARDED THE FIRST ENVIRONMENTAL CHAMPION AWARD RECOGNIZING OUTSTANDING PERFORMANCE IN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S 33/50 PROGRAM WHICH ENCOURAGES THE REDUCTION IN A COMPANY'S USE OF SEVENTEEN TARGETED CHEMICALS, AND TO WISH THE COMPANY MUCH SUCCESS IN THE FUTURE.
H. 4713 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING THE LEE COUNTY SECTION OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED, ON ITS TENTH ANNIVERSARY OF SERVICE TO SOUTH CAROLINA, AND RECOGNIZING THE ACCOMPLISHMENTS OF DR. DOROTHY IRENE HEIGHT, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED.
At 10:55 A.M. the House in accordance with the motion of Rep. CARNELL adjourned in memory of Samuel Lindsey Nickles of Hodges, to meet at 10:00 A.M. tomorrow.
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