Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, always near to all, cultivate within us a thankful uncomplaining heart. Give us boldness to stand for the right, strength for self-discipline, the ability to treat others as we would have them treat us, the gift of silence that we may refrain from hasty speech, the beauty of kindness and forgiveness, taking with us always something of the love of God. Heal those who need healing; make strong the wavering; guide the perplexed; befriend the lonely; give faith and courage to those whose spirits are low.
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 Friday, the SPEAKER ordered it confirmed.
Rep. CROMER moved that when the House adjourns, it adjourn in memory of Juanita Garner of Columbia, which was agreed to.
TO: The Clerk of the Senate
The Clerk of the House
FROM: C. Tyrone Courtney, Chairman
Jt. Legislative Screening Committee to Review Candidates
for the SC Consumer Affairs Commission
DATE: May 21, 1996
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Rep. George Bailey
/s/Rep. James N. Law
/s/Rep. Teddy N. Trotter
/s/Rep. Lucille Whipper
The Screening Process
Pursuant to Act No. 119 of 1975 and Act. No. 181 of 1993, this Committee has considered the qualifications of candidates seeking election to the positions of the South Carolina Consumer Affairs Commission.
The Committee's report includes the Transcript of the Proceedings before the Screening Committee on May 15, 1996. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the Committee in making its findings.
THE CHAIRMAN: Before us we have two candidates. For Seat
#2, we have Lonnie Randolph, Jr. and for Seat #4, we
have Barbara B. League, and they both are incumbents.
As a formality, I would like to take one at the time.
Do we have any other nominations for Seat #2 at this
time?
MR. BELL: Since this is a public hearing, we should leave
the door open. We have not had anyone that has said
they wanted to ask questions.
THE CHAIRMAN: How are you Ms. League?
MS. LEAGUE: I'm fine, thank you.
THE CHAIRMAN: Ms. League, I'm George Bailey and I've been
asked to chair the Committee for screening. I only
have one question.
Q: Attendance wise, what is your attendance record at the
meetings?
A: We have had forty-four meetings since I was elected in
'92. I have attended forty-four meetings and I have
attended all four of the orientation meetings for the
new commissioners because our staff goes to a lot of
trouble to put those on.
Q: Do you have any comments, plus or minus, concerning the
South Carolina Consumer Affairs Commission? Do you
feel comfortable with what they are doing?
A: Extremely comfortable. I'm very proud of their work.
THE CHAIRMAN: Does anyone have any questions?
MR. BELL: I have one thing.
THE CHAIRMAN: Okay, counsel.
MR. BELL: I need to swear you in.
BARBARA B. LEAGUE, having been duly sworn, testified as
follows:
MS. LEAGUE - EXAMINATION BY MR. BELL:
Q: Do you affirm that the answers you have provided on the
Personal Data Questionnaire and the Statement of
Economic Interest are true and correct?
A: Yes.
Q: Would you have anything else to add to them at this
time?
A: No. I will be glad to answer any other questions?
Q: Okay. Thank you, ma'am.
1. Barbara B. League
Home Address: Business Address:
823 Altamont Road 608 Furman Road
Paris Mountain P.O. Box 3626
Greenville, SC 29609-4582 Greenville, SC 29608-3626
2. She was born in Laurens, South Carolina, on September 19, 1940. Her age is presently 55 years old.
Social Security Number: *** ** ****
5. She married G. Frank League, III on December 29, 1962. She has three children. George F. League, IV, age 33, occupation: G.F. League Manufacturing Co., Inc. D. Fraser League, age 31, occupation: G.F. League Manufacturing Co., Inc. W. Claude League, age 29, occupation: Mancon International.
7. She attended Laurens High School from 1954-1958. She then attended Winthrop University from 1958-1960 (two-year Administrative Management). From 1967-1985 she took courses at Greenville Technical College/Furman which prepared her for Manufacturing management.
8. She has served as a Commissioner for the SC Consumer Affairs since 1992.
She also serves on the Private Industry Council appointed by the Greenville County Council.
9. Community Involvement - Board of Directors, Councils and Commissions currently serving on or former member:
. National Federation of Independent Business
SC Guardian Council 1987-1998
. SC Consumer Affairs Commission 1992-1996
Vice Chairman 1995-1996
. 4th Congressional District Business
and Industry Council 1993-1997
. Greenville County Private Industry Council 1994-1997
. Greater Greenville Chamber of Commerce Board 1988-1990
1993-1995
Executive Committee 1989-1990
Small Business Services Board, Chair 1989-1990
Economic Development Board 1988-1989
Leadership Greenville Board of Regents 1989-1990
Nominating Committee 1990
Business and Industry Board 1991-1992
Public Education Board 1991-1992
Chairman's Task Force 1991-1992
Intercity Visit Committee 1991-1995
TQM Task Force 1992-1993
Partners Committee 1992-1993
Governmental/Legislative Committee 1993-1996
Transportation Committee 1993-1996
Nominating Committee 1994
GSP Projects Committee 1996
. Northern Area Council 1991-1997
Education Board Chair 1991-1992
Northern Connector Committee 1991-1995
Library Task Force Chair 1992-1995
President 1993
President 1995
. Coalition of Women on Boards & Commissions 1990-1996
. St. Francis Hospital Development Council 1989-1994
Business & Professional Board 1989-1994
President's Breakfast Chair 1993-1994
. Metropolitan Arts Council 1990-1994
Personnel Chair 1991-1993
Executive Search Chair 1991
Executive Committee 1991-1994
Nominating Chair 1994
Executive Search Chair 1995
. Greenville Hospital System
North Greenville Advisory Board 1995-1996
. St. Joseph's High School Task Force 1994
. RoundTowners Charter-1996
1st Vice President 1986
President 1987
Advisory Council 1988-1995
Board of Directors previously served:
. St. Mary's School Board 1975-1983
. Centre Stage SC Theatre 1980/Charter-1988
. River Place Festival 1983-1991
Non Profit Chair 1987-1989
. YWCA 1984-1988
Finance Chair 1985-1987
Executive Search Chair 1986
Personnel Chair 1987-1988
Nominating Committee 1991-1993
Executive Search Committee 1996
. Greenville Technical College 1987-1991
Management Advisory Board Chair 1989-1991
. Sertoma Club of Greenville 1985-1992
Director of Retention 1986-1988
Vice President Membership 1986-1988
Vice President Public Relations 1990-1991
Vice President Inter Clubs 1991-1992
. Freedom Weekend Aloft Festival 1990-1992
Fundraising Chair 1992
. 1st Night Greenville Festival Charter-1992
Visual Arts Chair 1990-1992
. School District of Greenville County
Business-Education Partnership 1990-1992
. Greenville County Library
Executive Search Committee 1991-1992
Sargent Branch Chairman 1994-1996
Political Involvement:
. National Republican Congressional Committee
. National Federation of Republican Women
. National Federation of Independent Business
SC Guardian Council
. 4th Congressional District Business & Industry Council
. SC Consumer Affairs Commission
Vice Chairman
. SC Republican Party
Palmetto Elephant Club
. SC Federation of Republican Women
. First Monday State Republican Caucus
. Upstate Republican Women's Club
Charter Member
. Greenville County Republican Party
Bronze Elephant Club
. Greenville County Private Industry Council
. Greenville Coalition for Women on Boards & Commissions
. SC Local Option Sales Tax Task Force
. City of Greenville Accommodations Tax Committee
Profession Organizations/other present & past memberships:
. National Association of Manufacturers
. SC Chamber of Commerce
. Greenville Professional Women's Forum
SC Carolina Commission of the Arts
The Alliance for Quality Education
SC Theatre Association
Greenville Fine Arts Center
St. Mary's Catholic Church
Winthrop College Alumni
The Emerys Foundation
The Saint's Society
The Altamont Club
The Greenville Symphony
Centre Stage-SC
Upstate Visual Art Alliance
The Greenville County Museum of Art
Paris Mountain Watershed Association
Piedmont Council for Prevention of Child Abuse
Honors and Awards:
. Greenville Chamber of Commerce
Small Business Person of the Year Finalists 1986
Special Events Chair Appreciation Award 1987-1988
Department Board chair Appreciation Award 1990
Doug Smith Roast FWA Fundraiser Chair Award 1990
Board of Directors Appreciation Award 1991
Executive Board Appreciation Award 1991
Board of Directors Appreciation Award 1992
TR Area Council President's Award 1993
Board of Directors Appreciation Award 1995
Northern Area Council President's Award 1995
. Who's Who of Women Executives 1989-1990
. Greenville Sertoma Club
Outstanding Service Award 1987
GEM Award 1988
Sertoman of the Year Award 1989
Centurian Award 1989
Tribune Award 1990
Senator I Award 1991
Senator II Award 1992
Sertoman of the Year Award 1992
Upstate Pioneer District Sertoman of the Year 1992
. Roundtowners Outstanding Service Award 1988
Roundtowner of the Year Award 1990
. American Association of University Women
Community Leadership Award 1993
. The Order of the Jessamine 1994
. Travelers Rest Mayor's Community
Leadership Service Award 1994
. Greenville County Library Director's Community
Appreciation Award/Sargent Branch 1994
Greenville Business Magazine/Spartanburg WSPA-TV's 1995
Upstate Business Person of Year Finalists
10. Employment since high school or college as applicable: Liberty Life Corporation (Executive Assistant to Mr. George H. Hipp) 1960-1964; B. League & Associates (Owner/Manager full service secretarial business) 1965-1970; G.F. League Manufacturing Co., Inc. (President and C.E.O.) 1970-Present.
21. Five (5) letters of recommendations: Timothy C. Lincolnhol, Vice President of Wachovia Bank of SC in Greenville, SC, David G. Brown, President of Greenville Chamber of Commerce, Glenda E. MacDonald, President of Better Business Bureau of the upstate in Greenville SC, Gary R. Ault, Publisher of Greenville Business Magazine, and Lewis T. Smoak, Ogletree Law Firm in Greenville.
MR. BELL: That's all.
THE CHAIRMAN: Okay. Is there any other nomination for Seat
#4? Do I hear that the nominations be closed and Ms.
League is nominated by acclamation?
REP. WHIPPER: Yes.
REP. TROTTER: I second that motion.
THE CHAIRMAN: All in favor say I. (The vote was unanimous.)
THE CHAIRMAN: All opposed? (None.)
THE CHAIRMAN: So moved. Thank you Ms. League. We
appreciate it.
THE CHAIRMAN: Good morning Mr. Randolph.
MR. RANDOLPH: Good morning to all of you.
THE CHAIRMAN: Mr. Bell, would you like to go ahead and swear
him in?
LONNIE RANDOLPH, JR., having been duly sworn, testified as
follows:
MR. RANDOLPH - EXAMINATION BY MR. BELL:
Q: You have served since 1979, is that correct?
A: Correct.
Q: And you chair the Commission now?
A: Correct.
Q: Do you affirm that the answers you have provided on the
Personal Data Questionnaire and the Statement of
Economic Interest are true and correct?
A: Correct.
Q: Do you have anything to add at this time?
A: Nothing.
Q: That's all I have at this time.
1. Lonnie Randolph, Jr.
Home Address: Business Address:
1011 Oak Street 2213 Hampton Street
Columbia, SC 29205 Columbia, SC 29204
2. He was born in Columbia, South Carolina, on June 3, 1950. He is presently 45 years old.
Social Security Number: ***-**-****
5. He was married to Patricia Reuben Randolph on June 16, 1973.
7. He graduated from Dreher High School in 1968 and received a (B.S. Biology) from Benedict College in 1972. He also attended Southern College of Optometry, (Doctor of Optometry), 1977.
8. He has served as a commissioner on the SC Department of Consumer Affairs Commission since May 1979 and is presently serving as chairman.
9. Dr. Randolph has been active in the United Black Fund of the Midlands, and has served on the Board of advisors of the Sickle Cell Anemia Foundation. He served as President of the Midlands Optometric Society, Chairman of the South Carolina Optometric Association's Public Relations Committee, and is a recipient of the South Carolina Optometric Association's Outstanding Service Award. After serving on the Association's Executive Committee he rose to President of the Association, the first African American to so serve. He is a mentor at Keenan High School, Eau Claire High School and Benedict College. He also is an adviser for the Fighting Back Program. He serves as the Optometrist for the South Carolina Department of Juvenile Justice. He has a contractual agreement to serve as the Optometrist for the South Carolina Department of Corrections.
10. Employment since high school or college, as applicable: Wade Hampton Hotel (waiter); Martin Electric Co.; U.S. Postal Service; Sears (Automotive); Private Practice (Optometrist); SC Department of Corrections Optometrist; and SC Department of Juvenile Justice Optometrist.
21. Five (5) letters of recommendation: Joseph M. McCulloch, Jr. Esq., William C. B. Payne, Jr., Ms. Claire Haltiwanger, Rev. Arnold Williams, H. Kelley Jones, Esq., Mr. Timothy McAllister (Banker).
MR. RANDOLPH - EXAMINATION BY THE CHAIRMAN:
Q: I'm going to ask you the same thing I just asked Ms.
League. She just told me you all had forty-four
meetings this year. What was your attendance record?
A: I've missed one and a half meetings since 1979. The
meeting that I missed last year, I was at a NAACP
Convention in Minneapolis. The meeting that I attended
half of in 1981, I had the flu and I came in and voted
on a issue and then left. But my attendance, I think,
has been excellent over the seventeen years or whatever
... sixteen years that I have served. That's a matter
that I take very serious. My record reflects that as
far as my attendance and participation.
Q: Let me ask you another question. Do you have any input
as to whether the South Carolina Consumer Affairs, the
type of job they are doing, is good or bad? Do you
have anything you want to input?
A: The State would be in quandary without that agency.
I'm sure all state agencies do an excellent job, but
for what we put into it budgetary wise and what we get
out of it, the ratio balance is unbelievable. The
South Carolina consumers benefit from that Agency far
more ... the benefits far out weigh what we put into
it.
THE CHAIRMAN: Does anybody else have any questions?
MR. RANDOLPH - EXAMINATION BY REP. WHIPPER:
Q: You have answered that there is no additional
information that you feel you need to furnish since you
submitted the application?
A: Since I submitted, yes, ma'am.
THE CHAIRMAN: Mr. Trotter, do you have any questions?
REP. TROTTER: None.
THE CHAIRMAN: I'm going to do just a formality thing, Mr.
Randolph. For Seat #2 on the South Carolina Consumer
Affairs Commission, would anybody like to make any
other nominations?
MR. RANDOLPH: Are you asking me if I'm aware?
THE CHAIRMAN: No. I'm just asking if anyone wants to run
against you. I don't want someone to come back and say
you didn't give anybody else a chance.
REP. WHIPPER: I move that the nominations be closed.
REP. TROTTER: I second that.
THE CHAIRMAN: All in favor say I. (The vote was unanimous.)
THE CHAIRMAN: All opposed? (None.)
THE CHAIRMAN: Thank you Mr. Randolph. We appreciate it.
MR. RANDOLPH: Thank you very much.
(There being no further screenings, the public hearing was
concluded at 10:17 a.m.)
Summary
The following persons were unanimously found qualified:
Seat #4 with term to expire August 31, 2000
Barbara B. League of Greenville, South Carolina
Seat #2 with term to expire August 31, 2000
Lonnie Randolph, Jr. of Columbia, South Carolina
Respectfully submitted,
/s/Senator C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Rep. George Bailey
/s/Rep. James N. Law
/s/Rep. Teddy N. Trotter
/s/Rep. Lucille Whipper
The following were received and referred to the appropriate committees for consideration.
Document No. 2037
Promulgated By Labor, Licensing and Regulation - Board of Pharmacy
Examination Fees
Received By Speaker May 17, 1996
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date September 14, 1996
(Subject to Sine Die Revision)
Document No. 2028
Promulgated By Board of Education
43.274. Student Attendance
Received By Speaker May 21, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date September 18, 1996
(Subject to Sine Die Revision)
The following was received.
Columbia, S.C., May 16, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 16, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Thomas, Jackson and Martin of the Committee of Conference on the part of the Senate on S. 1293:
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Very respectfully,
President
Received as information.
May 20, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4159, R. 382, an Act:
TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
This veto is based upon my opposition to the provision which permits bingo winnings to be deducted from South Carolina taxable income. Generally, the purpose of a tax deduction is to encourage a particular economic activity; South Carolina tax policy should not encourage participation in games of chance. In addition, it is simply unfair to require South Carolinians to pay taxes on income they earn from work while exempting winnings from bingo.
I realize that this Bill is the product of hours of hard work and negotiation, and that many of its provisions strengthen existing law. I encourage the General Assembly to revisit this issue and to pass a Bill that accomplishes the goal of appropriate industry regulation.
For the above reasons, I am returning H. 4159, R. 382, without my approval.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 22, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 22, 1996, at 12:00 noon to elect a successor to the Honorable Ralph King Anderson, Jr., of the Circuit Court, At Large, Seat 1, for the term expiring June 30, 1997; to elect a successor to the Honorable William L. Howard of the Ninth Judicial Circuit, for the term expiring June 30, 2000; and to elect a successor to the Honorable John W. Kittredge of the 13th Circuit Family Court, Seat 1, for the term expiring June 30, 2001.
Be it further resolved that all nominations must be made by the Chairman of the Joint Legislative Committee for Judicial Screening and that no further nominating or seconding speeches be made by members of the General Assembly on behalf of any candidate.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 5039 -- Rep. D. Smith: A HOUSE RESOLUTION RECOGNIZING AND COMMENDING LAURENCE CHAPMAN OF SPARTANBURG COUNTY FOR HIS MORE THAN FORTY YEARS OF OUTSTANDING LEADERSHIP AND DEDICATED SERVICE TO SCOUTING IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5040 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE HIS EXCELLENCY TENG HUI LEE, PRESIDENT OF TAIWAN, REPUBLIC OF CHINA, UPON HIS UPCOMING INAUGURATION ON MAY 20, 1996, WHICH MARKS THE FIRST INAUGURATION OF A FREELY ELECTED PRESIDENT OF TAIWAN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the House of Representatives, the Senate concurring:
(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State, each house consents and agrees that when the Senate and House of Representatives adjourn on Tuesday, May 28, 1996, each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 5, 1996, and on Thursday, June 6, 1996, to adjourn not later than 5:00 p.m., for consideration of the following matters:
(1) ratification of acts;
(2) consideration and confirmation of appointments;
(3) consideration of vetoes;
(4) receipt, consideration, and disposition of conference or free conference reports and the appointment of conference or free conference committees;
(5) consideration of local matters when the affected delegation is unanimous;
(6) bills which have received three readings in both houses and have been returned to one house or the other with amendments;
(7) elections which have been scheduled by concurrent resolution; and
(8) resolutions expressing sympathy or congratulations.
(B) Pursuant to Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly as prescribed in Section 2-1-180 is extended as authorized therein to permit the General Assembly to continue in session after 5:00 p.m. on Thursday, June 6, 1996, under the following terms and conditions:
(1) When each house adjourns on Thursday, June 6, 1996, not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 11:00 a.m. on Thursday, June 13, 1996, and if necessary on Friday, June 14, 1996, to adjourn not later than 5:00 p.m., for consideration of the following matters:
(a) ratification of acts;
(b) consideration of local matters when the affected delegation is unanimous;
(c) consideration of vetoes;
(d) receipt, consideration, and disposition of conference or free conference reports, and the appointment of conference or free conference committees;
(e) resolutions expressing sympathy or congratulations.
(2) When each house adjourns not later than 5:00 p.m. on Friday, June 14, 1996, it shall stand adjourned to meet in statewide session at 11:00 a.m. on Monday, June 24, 1996, and if necessary on Tuesday, June 25, 1996, to adjourn not later than 5:00 p.m., for the consideration of vetoes, and that when each house of the General Assembly adjourns not later than 5:00 p.m. on Tuesday, June 25, 1996, the General Assembly shall stand adjourned sine die.
(C) Each house may also provide for local session days during the period between May 28, 1996, and June 14, 1996, for consideration of local legislation which has the unanimous consent of the affected delegation.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5042 -- Rep. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING JAMES WILLIAM MCNEILL III OF AIKEN COUNTY FOR BEING CHOSEN THE 1995-96 TEACHER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5043 -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE A.M.E. CHURCH OF AIKEN ON THE JOYOUS OCCASION OF ITS ONE HUNDRED EIGHTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5044 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION COMMENDING JANE DAVIS GRIFFIN, DIRECTOR OF THE LEXINGTON COUNTY PUBLIC LIBRARY SYSTEM, FOR HER MANY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF LEXINGTON COUNTY AND WISHING HER MUCH HAPPINESS FOLLOWING HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5045 -- Reps. Koon, Rhoad and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 301 FROM THE BAMBERG CITY LIMITS TO ELDERBRANCH ROAD IN ORANGEBURG COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1420 -- Senators Courson, Holland, Saleeby, Land, Setzler, McConnell, Moore, Bryan, Thomas, Wilson, Passailaigue, Hayes, Courtney, Cork, Gregory, Rankin, Richter, Greg Smith, Waldrep, Boan, Fair and Hutto: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS, FACULTY, STAFF AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1417 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 5, 1996, AND FRIDAY, DECEMBER 6, 1996, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5046 -- Reps. Meacham and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THAT A MOTOR VEHICLE OVER THIRTY YEARS OLD MAY BEAR A SOUTH CAROLINA LICENSE PLATE OF THE MODEL YEAR OF THE VEHICLE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Education and Public Works.
S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.
Referred to Committee on Judiciary.
The following was introduced:
H. 5047 -- Reps. Robinson, Trotter and Rice: A CONCURRENT RESOLUTION TO THANK THE HONORABLE CLAUDE VANCE MARCHBANKS FOR HIS LEADERSHIP, DEDICATED SERVICE, AND HIS UNWAVERING COMMITMENT TO THE GENERAL ASSEMBLY AND TO EXTEND BEST WISHES IN ALL HIS FUTURE ENDEAVORS.
Whereas, our esteemed friend and colleague, the Honorable Claude Vance Marchbanks, has been a member of the House of Representatives since 1991; and
Whereas, he is well respected by those who know him in the General Assembly, through his service as Second Vice-Chairman of the House Ways and Means Committee, Chairman of the Compliance Review Committee/Reorganization Committee, and as a member of the Education and Public Works Committee; and
Whereas, his professionalism and integrity are beyond reproach and have greatly contributed to his outstanding service to his constituents and the State of South Carolina; and
Whereas, he has served in numerous leadership roles in the community where he is admired and held in high esteem; and
Whereas, his pleasant demeanor and intellectual abilities will be greatly missed by the General Assembly as he embarks on new tasks and challenges. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly thank the Honorable Claude Vance Marchbanks for dedicated years of service, his intellectual and pleasant demeanor, competence and leadership skills in the General Assembly, and as he leaves the House of Representatives, wish him well as he embarks on new tasks and challenges.
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 Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Gamble Govan Hallman Harrell Harris, J. Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, May 21.
L. Morgan Martin Timothy F. Rogers Juanita M. White Douglas Jennings, Jr. Patrick B. Harris Joseph T. McElveen, Jr. Ronald C. Fulmer Timothy C. Wilkes William D. Keyserling William D. Boan Ronald P. Townsend C. Alex Harvin III
LEAVES OF ABSENCE
The SPEAKER granted Rep. P. HARRIS a temporary leave of absence.
The SPEAKER granted Rep. KENNEDY a leave of absence for today and tomorrow.
The SPEAKER granted Rep. HASKINS a leave of absence for the week.
The SPEAKER granted Rep. SHEHEEN a leave of absence for the week due to the death of his mother.
Announcement was made that Dr. Mark H. Salley of Columbia is the Doctor of the Day for the General Assembly.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 317, S. 1273 by a vote of 46 to 0.
(R317) S. 1273 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Very respectfully,
President
Rep. HUTSON moved to adjourn debate upon the veto message until Wednesday, May 22, which was adopted.
May 6, 1996
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1350, R. 321, an Act:
TO AMEND ACT 159 OF 1995, RELATING TO DEVOLVING THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF ACT 159 OF 1995 DO NOT APPLY TO A SPECIAL PURPOSE DISTRICT.
This veto is based upon my belief that S. 1350, R. 321 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted." Also, this Bill addresses circumstances which could be dealt with by general legislation. Article III, Section 34(IX) of the South Carolina Constitution prohibits the adoption of a special law where a "general law can be made applicable".
For the above reason, I am returning S. 1350, R. 321, without my approval.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Williams Wofford
Those who voted in the negative are:
Dantzler
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was out of Chamber when vote was taken; had I been present, I would have voted "yes" to override the Governor's veto.
Rep. JAMES N. LAW
The following Bill was taken up.
S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.
Rep. STUART, with unanimous consent, proposed the following Amendment No. 17 (Doc Name P:\amend\PT\2546SD.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. (A) Effective July 1, 1997, Orangeburg County shall consist of three school districts to be known as Orangeburg County Consolidated School District Three, Orangeburg County Consolidated School District Four, and Orangeburg County Consolidated School District Five. Each consolidated school district shall consist of the following areas:
(1) Orangeburg County Consolidated School District Four--the boundaries of present school districts One, Four, and Eight;
(2) Orangeburg County Consolidated School District Five--the boundaries of present school districts Two, Five, and Six; and
(3) Orangeburg County Consolidated School District Three--the boundaries of present school districts Three and Seven.
The board of trustees of each consolidated school district shall be elected from single-member or other election districts as set forth below:
DISTRICT 3-1
Area Population
Orangeburg County
ELCOREE
Tract 0104.00
Blocks: 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127A, 127B, 128, 129, 130, 134A, 134B, 135, 136, 138A, 138B, 138C, 139A, 139B, 139C, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166A, 166B, 167, 168, 169, 170, 171, 174, 182A, 182B, 183A, 183B, 201, 202A, 202B, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216A, 216B, 217A, 217B, 217C, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279 2,369
Tract 0121.97
Blocks: 392B, 394 0
Tract 0121.98
Blocks: 389B, 393B 0
SANTEE
Tract 0103.00
Blocks: 234, 235, 236, 237, 239, 251, 252, 253, 254, 255 98
Tract 0104.00
Blocks: 172, 173, 175, 176, 177, 178, 258, 259 210
DISTRICT TOTAL 2,677
PERCENT VARIATION -0.30
DISTRICT 3-2
Area Population
Orangeburg County
ELCOREE
Tract 0104.00
Blocks: 103, 104, 131, 132, 133, 137 165
PROVIDENCE
Tract 0103.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 121 349
Tract 0104.00
Blocks: 301, 302, 303, 346, 347 49
SANTEE
Tract 0103.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 212C, 214, 215, 216, 217, 219, 220, 222, 230A, 230B, 231A, 231B, 231C, 232A, 232B, 232C, 233A, 233B, 238, 240A, 240B, 241, 242, 243, 244, 245, 246A, 246B, 247, 248A, 248B, 249A, 249B, 250, 256, 257, 258, 259A, 259B, 260A, 260B, 261, 262A, 262B, 262C, 263, 264, 265, 266, 267, 268, 269A, 269B, 270A, 270B, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 332, 336, 341 1,890
Tract 0104.00
Blocks: 101, 102, 179, 180, 181 96
VANCE
Tract 0103.00
Blocks: 325, 326, 327, 438 118
DISTRICT TOTAL 2,667
PERCENT VARIATION -0.67
DISTRICT 3-3
Area Population
Orangeburg County
NORTH EUTAWVILLE
Tract 0101.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 118, 119, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 303B, 304, 305, 306B, 322B, 326B, 327, 328B, 369, 370, 409 1,493
SANTEE
Tract 0103.00
Blocks: 213, 218, 221, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 337, 338, 339, 340, 342, 403 432
VANCE
Tract 0101.00
Blocks: 114, 115, 116, 117, 307 55
Tract 0103.00
Blocks: 401, 402, 404, 405, 406A, 406B, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 420C, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 430, 431, 432, 433, 434A, 434B, 435, 436, 437A, 439, 446A 717
DISTRICT TOTAL 2,697
PERCENT VARIATION 0.45
DISTRICT 3-4
Area Population
Orangeburg County
EAST HOLLY HILL
Tract 0102.00
Blocks: 304, 305, 306, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342 279
NORTH EUTAWVILLE
Tract 0101.00
Blocks: 303A, 306A, 311A, 311B, 312A, 313A, 315A, 316A, 317A, 320, 321, 322A, 323, 324, 325, 326A, 328A, 364 188
SOUTH EUTAWVILLE 2,273
DISTRICT TOTAL 2,740
PERCENT VARIATION 2.05
DISTRICT 3-5
Area Population
Orangeburg County
EAST HOLLY HILL
Tract 0102.00
Blocks: 307, 308, 309, 312, 313, 314, 315, 316, 317, 318, 319, 320, 402, 403, 404, 405, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415, 416A, 416B, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421A, 421B, 421C, 422, 423, 424, 425, 426, 427, 428, 429A, 429B, 430, 431, 432, 433, 434, 435, 436A, 436B, 437, 438A, 439A, 439B, 439C, 441, 442 1,979
WEST HOLLY HILL
Tract 0102.00
Blocks: 101A, 101B, 102A, 102B, 102C, 103, 104, 105, 106, 107A, 116A, 116B, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130A, 130B, 131, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145A, 145B, 146, 147, 148, 149, 150, 151, 152, 153A, 153B 681
DISTRICT TOTAL 2,660
PERCENT VARIATION -0.93
DISTRICT 3-6
Area Population
Orangeburg County
EAST HOLLY HILL
Tract 0102.00
Blocks: 301, 302, 303, 310, 311, 401, 406 159
NORTH EUTAWVILLE
Tract 0101.00
Blocks: 311C, 312B, 313B, 314, 315B, 316B, 317B, 363, 365, 366, 367, 368 252
Tract 0102.00
Blocks: 201, 202, 208, 209, 210 52
PROVIDENCE
Tract 0103.00
Blocks: 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 165 210
Tract 0104.00
Blocks: 360, 361, 374, 375 26
VANCE
Tract 0101.00
Blocks: 308, 309, 310 37
Tract 0103.00
Blocks: 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 153, 154, 155, 156, 157, 158, 328, 329, 330, 331, 333, 334, 335, 437B, 440, 441, 442, 443, 444, 445, 446B, 447, 448, 449, 450 890
WEST HOLLY HILL
Tract 0102.00
Blocks: 203, 204, 205, 206, 207, 211, 212, 213A, 213B, 214A, 214B, 215A, 215B, 216, 217, 218, 219, 220 874
Tract 0103.00
Blocks: 150, 151, 152, 159, 172, 173 176
DISTRICT TOTAL 2,676
PERCENT VARIATION -0.34
DISTRICT 3-7
Area Population
Orangeburg County
EAST HOLLY HILL
Tract 0102.00
Blocks: 332, 333, 334, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 438B, 440, 443, 444 353
PROVIDENCE
Tract 0103.00
Blocks: 122, 123, 124, 164, 166, 167, 168 91
Tract 0104.00
Blocks: 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 376, 377, 378, 379, 380, 381, 382 1,258
WEST HOLLY HILL
Tract 0102.00
Blocks: 107B, 108, 109, 110, 111, 112, 113, 114, 115, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175 582
Tract 0103.00
Blocks: 160, 161, 162, 163, 169, 170, 171, 174, 175, 176, 177, 178 394
DISTRICT TOTAL 2,678
PERCENT VARIATION -0.26
DISTRICT 4-1
Area Population
Orangeburg County
EAST SPRINGFIELD
Tract 0118.00
Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 315, 320, 321, 323, 327, 328, 329A, 329B, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350A, 350B, 351, 352, 353, 354, 355, 356, 357A, 357B, 358, 359A, 359B, 360A, 360B, 361A, 361B, 362, 363A, 363B, 364A, 364B, 365, 366, 367, 368, 369A, 369B, 370, 371, 372, 553, 554, 558, 559, 567, 568, 569, 570, 571, 572, 573, 574, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597 674
Tract 0119.00
Blocks: 117, 118, 137, 138, 139, 140, 141, 142, 143, 144 68
NEESES-LIVINGSTON
Tract 0119.00
Blocks: 119, 128, 129, 130, 132, 133, 134, 135, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 211, 230C 197
NORWAY
Tract 0118.00
Blocks: 231, 232, 233, 234, 235, 236, 290, 292, 297 115
WEST NORTH
Tract 0118.00
Blocks: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 555, 556, 557 472
Tract 0119.00
Blocks: 107 0
Tract 0120.00
Blocks: 101A, 106 0
WEST SPRINGFIELD 858
DISTRICT TOTAL 2,384
PERCENT VARIATION 0.72
DISTRICT 4-2
Area Population
Orangeburg County
EAST SPRINGFIELD
Tract 0118.00
Blocks: 314, 316, 318, 319, 322, 324, 325, 326 181
NEESES-LIVINGSTON
Tract 0118.00
Blocks: 205 9
Tract 0119.00
Blocks: 131, 156A, 156B, 157, 158, 159A, 159B, 160A, 160B, 161, 162A, 162B, 163, 172, 175, 176, 177, 178, 179, 180, 181, 240B, 246A, 246B, 247, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 268, 270 535
NORWAY
Tract 0118.00
Blocks: 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 147, 148, 149, 150, 151, 152, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226A, 226B, 227, 228, 229, 230, 237A, 237B, 238A, 238B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 251C, 252A, 252B, 253, 254, 255, 256, 257A, 257B, 258A, 258B, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283A, 283B, 284, 285, 286, 287, 288, 289, 291, 294A, 294B, 295, 296, 317 1,574
SUBURBAN 9
Tract 0110.00
Blocks: 322A 0
DISTRICT TOTAL 2,299
PERCENT VARIATION -2.87
DISTRICT 4-3
Area Population
Orangeburg County
BROOKDALE
Tract 0111.00
Blocks: 113, 125 0
NEESES-LIVINGSTON
Tract 0119.00
Blocks: 169, 170, 171, 173 38
NORWAY
Tract 0118.00
Blocks: 121, 122, 201, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270 198
PINEHILL-BOLEN
Tract 0115.00
Blocks: 402 0
Tract 0116.00
Blocks: 101, 102, 103, 104, 105, 121, 122, 123, 124, 125, 126 571
Tract 0118.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 118, 120 396
Tract 0119.00
Blocks: 315, 316, 317, 318, 319, 320, 321, 322, 326, 327, 328, 329, 330, 331, 332, 335, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356 1,044
SUBURBAN 6
Tract 0115.00
Blocks: 406, 422, 423, 424 231
DISTRICT TOTAL 2,478
PERCENT VARIATION 4.69
DISTRICT 4-4
Area Population
Orangeburg County
COPE 736
COROOVA
Tract 0116.00
Blocks: 108, 109, 110, 111, 114, 115, 116, 117, 118, 119, 120, 128, 131, 135, 139, 141, 204, 205 694
Tract 0117.00
Blocks: 412, 413, 414, 415, 416, 417, 420, 422, 423, 424, 425, 428 223
EDISTO
Tract 0117.00
Blocks: 302, 303, 304, 308, 309, 310, 311, 312, 313, 314, 326, 327, 328, 329, 341, 342, 343, 344, 345 489
NORWAY
Tract 0118.00
Blocks: 144, 145, 146, 153 58
PINEHILL-BOLEN
Tract 0116.00
Blocks: 106, 107 70
Tract 0118.00
Blocks: 119 0
SUBURBAN 4
Tract 0113.00
Blocks: 323B, 326B 0
DISTRICT TOTAL 2,270
PERCENT VARIATION -4.10
DISTRICT 4-5
Area Population
Orangeburg County
COROOVA
Tract 0116.00
Blocks: 112, 113, 201, 202A, 202B, 203A, 203B, 209A, 210A, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314A, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 336A 1,985
SUBURBAN 5
Tract 0115.00
Blocks: 118, 119 61
SUBURBAN 6
Tract 0115.00
Blocks: 407, 408, 411, 412, 413, 414, 417, 418 291
DISTRICT TOTAL 2,337
PERCENT VARIATION -1.02
DISTRICT 4-6
Area Population
Orangeburg County
COROOVA
Tract 0116.00
Blocks: 127, 129, 130, 132, 133, 134, 136, 137, 138, 206, 207, 208, 209B, 210B, 215, 216, 314B, 328, 329, 330, 331, 332, 333, 334, 335, 336B, 337, 339, 341, 342, 344, 345, 346 1,347
Tract 0117.00
Blocks: 426 1
EDISTO
Tract 0116.00
Blocks: 338, 340, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360 245
Tract 0117.00
Blocks: 301, 305, 306, 307, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356 542
ROWESVILLE
Tract 0106.00
Blocks: 136, 154, 155, 171B, 172, 174, 175, 176, 177B, 188B, 189B, 191, 192, 193, 194 160
Tract 0117.00
Blocks: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 83
SUBURBAN 2
Tract 0107.00
Blocks: 319A 0
WHITTAKER
Tract 0107.00
Blocks: 216 0
DISTRICT TOTAL 2,378
PERCENT VARIATION .46
DISTRICT 4-7
Area Population
Orangeburg County
NORTH BOWMAN
Tract 0105.00
Blocks: 344, 349 0
NORTH BRANCHVILLE
Tract 0105.00
Blocks: 169, 171, 172, 173, 174, 186, 188, 189, 190, 191, 192, 193, 194, 352, 353 103
Tract 0117.00
Blocks: 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 213, 214, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226A, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241, 242A, 242B, 243, 244A, 244B, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256, 257, 258A, 258B, 259A, 259B, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283, 284A, 284B, 285, 286, 287, 288, 289A, 289B, 290A, 290B, 291, 292, 293, 294, 295, 296 1,265
ROWESVILLE
Tract 0105.00
Blocks: 341, 342, 343, 345, 346, 347, 348 14
Tract 0117.00
Blocks: 201, 215, 216 32
SOUTH BOWMAN
Tract 0105.00
Blocks: 149, 157, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 187 174
SOUTH BRANCHVILLE 785
SUBURBAN 3
Tract 0113.00
Blocks: 317D 0
DISTRICT TOTAL 2,373
PERCENT VARIATION 0.25
DISTRICT 5-1
Area Population
Orangeburg County
EAST NORTH 1,581
LIMESTONE
Tract 0109.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 140, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 269, 270 2,021
Tract 0120.00
Blocks: 334, 335, 336, 337, 338, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 681
NEESES-LIVINGSTON
Tract 0119.00
Blocks: 164, 165, 166, 167, 168, 174, 182, 201, 202, 203, 204A, 204B, 205A, 205B, 206A, 206B, 207A, 207B, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 221A, 221B, 222, 223, 224A, 224B, 225, 226, 227, 228A, 228B, 229A, 229B, 229C, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 241A, 241B, 242, 243A, 243B, 244A, 244B, 245, 248, 269A, 269B, 271A, 271B, 272A, 272B, 272C, 273, 274, 275, 307, 308, 311 1,005
PINEHILL-BOLEN
Tract 0119.00
Blocks: 301, 302, 303, 304, 305, 306, 309, 310, 312, 313, 314, 323, 324, 325, 333, 334, 336, 337 339
WEST NORTH
Tract 0118.00
Blocks: 531, 563 2
Tract 0119.00
Blocks: 101, 102, 103, 104, 105, 106, 108, 109, 110, 111, 112, 113, 114, 115, 116, 120, 121, 122, 123, 124, 125, 126, 127 216
Tract 0120.00
Blocks: 101B, 102A, 102B, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113A, 113B, 114, 115, 116, 117, 118, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127A, 127B, 128A, 128B, 129A, 129B, 130, 131, 132A, 132B, 133A, 133B, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 178, 179, 180, 181A, 181B, 182, 183, 184, 185, 186, 187, 188A, 188B, 189, 190, 191, 192, 193, 194, 195, 196, 197 1,148
DISTRICT TOTAL 6,993
PERCENT VARIATION -1.08
DISTRICT 5-2
Area Population
Orangeburg County
JAMISON 1,965
LIMESTONE
Tract 0109.00
Blocks: 136, 137, 138, 139, 141, 142 73
SUBURBAN 7 1,890
SUBURBAN 8 1,039
SUBURBAN 9
Tract 0110.00
Blocks: 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 144, 145, 146, 147, 148, 149, 301B, 302, 303, 304, 305, 306, 307B, 319, 321 2,234
DISTRICT TOTAL 7,201
PERCENT VARIATION 1.87
DISTRICT 5-3
Area Population
Orangeburg County
BROOKDALE
Tract 0108.00
Blocks: 204, 205, 206 42
Tract 0111.00
Blocks: 114, 122, 123, 124, 126, 127, 128, 129, 130, 131, 132, 203 38
NIX 3,098
ORANGEBURG WARD 10 1,103
ORANGEBURG WARD 4
Tract 0112.00
Blocks: 113B, 114, 115, 116, 118, 119, 123, 124B 194
ORANGEBURG WARD 5
Tract 0110.00
Blocks: 320A, 408, 409, 410, 411, 412, 413, 414, 423, 424, 425, 426, 427, 428, 429 313
Tract 0114.00
Blocks: 401, 403 78
ORANGEBURG WARD 8 788
ORANGEBURG WARD 9 797
SUBURBAN 1
Tract 0111.00
Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 417, 418, 419 446
SUBURBAN 9
Tract 0110.00
Blocks: 308B, 311B, 312B, 314, 320B, 322B 149
DISTRICT TOTAL 7,046
PERCENT VARIATION -0.33
DISTRICT 5-4
Area Population
Orangeburg County
COROOVA
Tract 0117.00
Blocks: 427 0
ORANGEBURG WARD 1 1,246
ORANGEBURG WARD 2 1,426
ORANGEBURG WARD 5
Tract 0114.00
Blocks: 402, 404, 406, 407, 408, 409, 410, 411, 412, 413, 414 547
ORANGEBURG WARD 6 1,357
ORANGEBURG WARD 7 887
SUBURBAN 5
Tract 0115.00
Blocks: 204, 206, 207, 208, 209, 210, 211, 212, 213 388
SUBURBAN 6
Tract 0115.00
Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 403, 404, 405, 409, 410, 415, 416, 419, 420, 421 1,267
DISTRICT TOTAL 7,118
PERCENT VARIATION 0.69
DISTRICT 5-5
Area Population
Orangeburg County
ORANGEBURG WARD 3 1,098
ORANGEBURG WARD 4
Tract 0112.00
Blocks: 117, 120, 121, 122, 127B, 128, 129, 130B, 131B, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 150A, 151A, 201B, 202, 203B, 204, 205, 206, 207 3,101
Tract 0113.00
Blocks: 201A, 202, 203, 204, 205, 206, 221, 222, 223, 224, 225, 226, 227, 229, 230, 231, 232, 242, 243, 244, 245, 246, 247 540
SUBURBAN 4
Tract 0106.00
Blocks: 342, 343, 401, 402, 403, 404, 405, 406C, 407B, 407C, 407D, 407E, 407F, 407G, 408, 409, 410, 411, 412, 413, 414, 415, 419, 420, 421, 422A, 422B, 422C, 423, 424, 425, 426A, 426B, 426C, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438 891
Tract 0113.00
Blocks: 325B 0
SUBURBAN 5
Tract 0115.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 202, 203, 205, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235 1,502
DISTRICT TOTAL 7,132
PERCENT VARIATION 0.89
DISTRICT 5-6
Area Population
Orangeburg County
BROOKDALE
Tract 0108.00
Blocks: 201, 202, 203, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242 1,064
Tract 0112.00
Blocks: 112 8
FOUR HOLES 864
SUBURBAN 1
Tract 0108.00
Blocks: 302, 303, 304, 305, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414 1,022
Tract 0111.00
Blocks: 413 73
Tract 0112.00
Blocks: 113A, 124A, 125, 126, 127A, 130A, 131A, 132A, 201A, 203A 129
SUBURBAN 2
Tract 0107.00
Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 314B, 315, 319B, 320, 321, 322, 323, 324, 325, 326, 327, 328 738
Tract 0112.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150B, 151B, 152, 153, 154 930
Tract 0113.00
Blocks: 201B 31
WHITTAKER
Tract 0107.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 220, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 255, 256, 257, 258, 259, 260, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425 2,098
DISTRICT TOTAL 6,957
PERCENT VARIATION -1.52
DISTRICT 5-7
Area Population
Orangeburg County
BETHEL 809
COROOVA
Tract 0116.00
Blocks: 343 0
NORTH BOWMAN
Tract 0105.00
Blocks: 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241, 242, 243, 244, 245, 246, 247, 249, 250, 251A, 251B, 252A, 252B, 253A, 253B, 254A, 254B, 255, 256, 257, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 322B, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 335, 336, 337, 338, 339, 350, 354, 355, 356, 357, 358, 359, 412, 413, 414, 415, 416, 417, 418, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 455, 459 2,353
NORTH BRANCHVILLE
Tract 0105.00
Blocks: 143, 144, 351 32
ORANGEBURG WARD 4
Tract 0106.00
Blocks: 301A, 302, 303, 304A, 305A 49
Tract 0107.00
Blocks: 312, 313, 314A, 316, 317, 318 85
Tract 0113.00
Blocks: 228 0
ROWESVILLE
Tract 0105.00
Blocks: 340 1
Tract 0106.00
Blocks: 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 135, 156, 157, 158A, 158B, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166A, 166B, 167, 168, 169, 170, 171A, 173, 177A, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188A, 189A, 190, 195, 196, 197 435
SOUTH BOWMAN
Tract 0105.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110A, 110B, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156, 158, 170, 195, 196, 197, 229, 230, 231, 248, 451, 452, 453, 454, 456, 457, 458, 460, 461, 462, 463, 464, 465, 466, 467 1,069
SUBURBAN 3
Tract 0106.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 301B, 304B, 305B, 306B, 312B, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 322B, 323, 324B, 325B, 325C, 325D, 331B, 332B, 333B, 336B, 337C, 338B, 339B, 340B, 341, 344, 345 2,122
Tract 0113.00
Blocks: 317B, 317C 0
SUBURBAN 4
Tract 0106.00
Blocks: 416, 417, 418, 439, 440, 441, 442, 443, 444, 445 87
DISTRICT TOTAL 7,042
PERCENT VARIATION -0.38
(B) The eight present school districts of the county shall be abolished on July 1, 1997, and the powers and duties of the respective boards of trustees of each district devolved upon the board of trustees for the applicable consolidated school district except as hereinafter established./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
Rep. COBB-HUNTER demanded the yeas and nays on the adoption of the amendment, which were taken resulting as follows:
Those who voted in the affirmative are:
Felder Sharpe Stuart
Those who voted in the negative are:
Cobb-Hunter
So, the amendment was adopted.
Reps. GOVAN, FELDER, STUART and SHARPE, with unanimous consent, proposed the following Amendment No. 18 (Doc Name P:\amend\GJK\22900SD.96), which was adopted.
Amend the bill, as and if amended, in SECTION 1 by striking /Five/ on line 9, page 2, and inserting /Four/ and by striking /Four/ on line 11, page 2, and inserting /Five/;
Amend the bill, as and if amended, in Section 2(B)(2), by striking /and approval by the county board/ which begins on line 27, page 31;
Amend further, as and if amended, by striking SECTIONS 3 through 10 and inserting:
/SECTION 3. (A) There is also established an Orangeburg County Board of Education on July 1, 1997. The county board of education shall consist of seven members elected in nonpartisan elections beginning in 1997 from the same seven single-member election districts as are members of the governing body of the county. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of the board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday in November every two or four years thereafter as applicable beginning in 1999. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members elected in 1997, the four members elected with the largest number of votes shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the three members elected with the fewest number of votes shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of the county board shall serve until their successors are elected and quality.
Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and thereafter is as provided in Section 7-13-352 of the 1976 Code.
The county commissioners of election shall conduct and supervise the elections for members of the county board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
(B) The county board of education shall have only those powers, duties, and functions as provided in this act and not as provided by the general law, all of the other powers, duties, and functions being reserved to the boards of the particular consolidated school districts.
(C) The county board of education shall serve as a fiscal agent to distribute the countywide school millage levy for operating and debt service purposes to the three consolidated school districts of the county as provided in this act.
(D) The county board of education also shall:
(1) serve as arbitrator in disputes concerning school district lines;
(2) receive a copy of each district's annual audit of its financial affairs;
(3) adopt a budget for the operations of the county board which at no time may in dollar terms exceed the value of one-half mill; and
(4) prescribe a uniform salary schedule for all certified teachers.
(E) The county board of education, in conjunction with the boards of the three consolidated school district, shall develop a formula which will provide for the equalization of the per pupil funding for each of the three consolidated school districts and which must be presented to the county legislative delegation within three years of the effective date of this act.
SECTION 4. (A) The board of trustees of each consolidated school district, before July first of each year beginning in 1997, shall prepare a school district budget for the ensuing school year. Before September second of each year beginning in 1997, the board shall notify the county auditor and treasurer in writing of the millage required for the operation of the schools in the district for the ensuing school year. The notice by the board constitutes authority for the levying and collection of the millage upon all of the real and personal property within the school district. The levy must be placed to the credit of the district and expended for the district. Beginning in 1998, a school district may raise its millage by not more than three mills over that levied for the previous year, adjusted for the EFA inflation factor and sufficient to meet the requirements of Section 59-21-1030 of the 1976 Code. An increase over this amount may be levied only after a majority of the registered electors of the district voting in a referendum called by the board and conducted by the county election commission vote in favor of the millage increase.
(B) Each consolidated board shall hold a public hearing prior to its final approval of the budget for the district. Notice of these public hearings must be placed in a newspaper of general circulation in the district at least fifteen days before the public hearing.
(C) For purposes of 1997 only, the millage levied for the previous year of a consolidated district must be derived by dividing the total revenue raised in 1996 from school tax millage by each of the former school districts of the county now a part of that consolidated district by the total 1996 assessed value of all taxable property of those former districts less thirty mills.
SECTION 5. (A) Beginning with the year 1997, a countywide school tax millage levy of twenty-five mills for operating purposes is hereby imposed and shall be distributed by the county board to the consolidated school districts of the county based on the following formula:
Step 1. Determine the countywide base student costs by dividing the total value of a countywide mill by the total weighted pupil units of the three consolidated districts. The total weighted pupil units will be determined by the prior year one hundred thirty-five day report for each district.
Step 2. Determine each district's base student costs by dividing the total value of their mill by their total weighted pupil units.
Step 3. The district with the lowest base student cost gets one mill.
Step 4. If any district's base student cost falls below the countywide base student cost, their base student cost will be equalized to the county base student cost.
Step 5. The remaining funds shall be divided equally between the three districts based on their weighted pupil units.
Step 6. Consolidated District Five will receive five mills for hold harmless purposes. These mills will be phased out by reducing the hold harmless mills by one each year over a five-year period beginning in 1998.
Step 7. The five hold harmless mills allocated to Consolidated District Five as these mills are phased out as provided in Step 6, and any additional funds needed from the twenty-five mill countywide levy provided for herein, shall be reallocated to and used to hold Consolidated District Four harmless from losses in the Education Finance Act funding as a result of new industrial additions to the property tax rolls therein up to such twenty-five mill countywide levy.
Step 8. If the wealth per student in a district after equalization falls below ninety-five percent of the highest wealth per student amount, an additional mill will be allocated to that district.
(B) Beginning with the year 1997, a countywide school tax millage levy of five mills for capital improvements or debt service purposes is hereby imposed and shall be distributed by the county board to the consolidated school districts of the county based on the following formula:
Step 1. Determine the countywide base student cost by dividing the total value of a countywide mill by the total weighted pupil units of the three consolidated districts. The total weighted pupil units will be determined by the prior year one hundred thirty-five day report for each district.
Step 2. Determine each district's base student cost by dividing the total value of their mill by their total weighted pupil units.
Step 3. The district with the lowest base student cost gets one mill.
Step 4. If any district's base student cost falls below the countywide base student cost, their base student cost will be equalized to the county base student cost.
Step 5. The remaining funds shall be divided equally between the three districts based on their weighted pupil units.
(C) The county board of education shall make the determinations and allocations required by this section.
SECTION 6. The board of trustees of each consolidated district shall have the powers, duties, and responsibilities as are provided by law including:
(1) employ a superintendent as the chief executive officer;
(2) establish other administrative departments upon the recommendation of the superintendent;
(3) adopt the proposed budget of the school district;
(4) have the power to inquire into the conduct of any office, department, or agency of the school district;
(5) adopt and modify attendance zones of schools within the school district except that through school year 1998-99, existing attendance zones cannot be changed;
(6) provide for an independent annual audit of the books and business affairs of the school district and for a general survey of school district business;
(7) cooperate to establish and maintain a central purchasing system for the purchase of contractual services, equipment, and supplies;
(8) cooperate to establish and maintain educational consortia; and
(9) be responsible for policymaking action and the review of regulations established to put these policies into operation.
SECTION 7. (A) On July 1, 1997, the assets and liabilities of the eight present school districts shall be transferred to the respective consolidated district of which they are a part. The records and employees of the eight present school districts of the county must be transferred to and, if applicable, assumed by the consolidated school district of which they become a part.
(B) The constitutional debt limitation on the issuance of general obligation bonds applicable to consolidated districts is to be computed based on the assessed value of all taxable property in the consolidated district minus that bonded indebtedness of each of the present school districts made a part of the consolidated district which was includable against the constitutional debt limit of those present school districts.
SECTION 8. In creating the consolidated districts, it is anticipated that there will be savings in the total administrative costs from the former individual districts, that consolidated district level costs will be no more than four percent of federal, state, and local revenues, and that total administrative costs of all districts will be no more than seven and one-half percent of all such revenues by July 1, 2000. Administrative costs shall be those defined in the State Department of Education financial analysis model.
SECTION 9. (A) The eight present school districts of Orangeburg County shall be abolished on July 1, 1997, at which time the consolidated school districts of the county as herein provided shall be established. The terms of all members of the boards of trustees of the eight present school districts of the county shall expire on this date. However, the members of the board of trustees of each consolidated school district elected at the 1997 nonpartisan election shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. From this date and until July 1, 1997, the boards may organize, begin planning for the changeover to a consolidated district, enter into contracts to effectuate these purposes, and perform other related matters pertaining thereto, except that the responsibility and authority to manage the schools of the county rests solely with the individual boards for each of the eight present districts until July 1, 1997, and no consolidated board may do anything to interfere with this authority.
(B) Any member of one of the eight present school boards of the county may seek election to a consolidated school district board or to the county board of education in 1997. However, if they are elected to such office, prior to assuming the duties thereof, they must first resign as a member of their present board. In this event and notwithstanding any other provision of law, the vacancy on the present board they are vacating shall be filled for the remainder of the unexpired term by appointment of the county legislative delegation.
(C) The members of the county board of education elected at the 1997 election shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. From this date until July 1, 1997, the county board may organize, begin planning for the changeover to the new school system of the county, enter into contracts to effectuate these purposes, and perform other related matters thereto, except that the responsibility and authority to manage the schools of the county rests solely with the individual boards for each of the eight present districts until July 1, 1997, and the county board may do nothing to interfere with this authority./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER demanded the yeas and nays on the adoption of the amendment, which were taken resulting as follows:
Those who voted in the affirmative are:
Felder Govan Sharpe Stuart
Those who voted in the negative are:
Cobb-Hunter
So, the amendment was adopted.
The question then recurred to the passage of the Bill, as amended, on third reading.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Felder Govan Sharpe Stuart
Those who voted in the negative are:
Cobb-Hunter
So, the Bill, as amended, was read the third time and ordered sent to the Senate.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 5028 -- Reps. Neilson, Baxley and J. Hines: A BILL TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY.
H. 5029 -- Reps. Boan and Hodges: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.
H. 5014 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL DISTRICT ORGANIZATIONAL PLANS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1932, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5016 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL DAY (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1935, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5021 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORT CARDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILDER moved to adjourn debate upon the following Bill, which was adopted.
S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.
Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
The following Bill was taken up.
S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.
Rep. KNOTTS moved to adjourn debate upon the Bill until Wednesday, June 5.
Rep. CATO moved to table the motion, which was agreed to.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10552SD.96).
Amend the bill, as and if amended, in Section 1-24-20 of the 1976 Code, as contained in SECTION 1, by striking subsection (C) which begins on line 10 of page 2 and inserting:
/(C) The board shall meet at least once a year and at the call of the chairman./
Amend title to conform.
Rep. CATO explained the amendment.
Reps. WHATLEY, WRIGHT, KNOTTS, YOUNG-BRICKELL, S. WHIPPER, LAW, LANFORD, CATO, VAUGHN, SHARPE, TROTTER, MEACHAM, R. SMITH and BAILEY objected to the Bill.
Rep. SIMRILL moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.
The following Joint Resolution was taken up.
S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.
Rep. SIMRILL moved to adjourn debate upon the Joint Resolution until Wednesday, May 22.
Rep. TUCKER moved to table the motion, which was not agreed to by a division vote of 12 to 29.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Joint Resolution was taken up.
S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN AND TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING THE PUBLIC OFFICES REFERRED TO IN SECTION 7 OF ARTICLE III AND SECTION 1 OF ARTICLE VI IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 4, Article II of the Constitution of this State be amended to read:
"Section 4.Every Each citizen of the United States and of this State of who has attained the age of eighteen on or before the first Tuesday after the first Monday in November and upwards who is properly registered shall be is entitled to be an elector for the calendar year in which the citizen has attained the age of eighteen years and vote in the precinct of his residence and not elsewhere. Provided, however, that any a registered elector who has moved his place of residence within the State during the thirty days immediately prior to before the date of any election shall be is entitled to vote in his previous precinct of residence in such only that election only. A person is not considered a qualified elector for purposes of holding the public offices referred to in Section 7 of Article III and Section 1 of Article VI if he has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 4, Article II of the Constitution of this State be amended so as to authorize a person who attains the age of eighteen by the first Tuesday following the first Monday in November to be an elector for the calendar year in which the person has attained the age of eighteen, and to provide that a person is not considered a qualified elector for purposes of holding the public offices referred to in Section 7 of Article III and Section 1 of Article VI if he has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9396SD.96), which was adopted.
Amend the joint resolution, as and if amended, by adding at the end of Section 4 of Article II of the Constitution, as contained in SECTION 1, on line 34 of page 1:
/A person is not considered a qualified elector for purposes of holding the public offices referred to in Section 7 of Article III and Section 1 of Article VI if he has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses./
Amend further in Section 2 by inserting after /eighteen/ on line 3 of page 2:
/, and to provide that a person is not considered a qualified elector for purposes of holding the public offices referred to in Section 7 of Article III and Section 1 of Article VI if he has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses./
Renumber sections to conform.
Amend title to read:
/PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN AND TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING THE PUBLIC OFFICES REFERRED TO IN SECTION 7 OF ARTICLE III AND SECTION 1 OF ARTICLE VI IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES./
Rep. CROMER explained the amendment.
The amendment was then adopted.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Brown, G. Brown, H. Brown, J. Brown, T. Cain Canty Carnell Cato Cave Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Gamble Hallman Harrell Harris, J. Herdklotz Hines, J. Hines, M. Hodges Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22859SD.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. The 1976 Code is amended by adding:
"Section 7-5-185. A person is not considered a qualified elector for purposes of holding any public office of this State if he has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses."
SECTION 4. This act takes effect upon ratification of amendments to Section 4, Article II of the Constitution of this State changing the age qualification to vote and the qualifications to be a qualified elector for purposes of holding specified offices./
Amend title to read:
/TO AMEND SECTION 7-5-120 AND 7-5-180, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR; TO AMEND THE 1976 CODE BY ADDING SECTION 7-5-185 SO AS TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING ANY PUBLIC OFFICE OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF THIS AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF THIS STATE PERMITTING THE ABOVE./
Renumber sections to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 776 -- Senators Lander, Giese and Matthews: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.
Rep. KLAUBER explained the Bill.
Rep. ROGERS moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.
Rep. R. SMITH moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.
The following Bill was taken up.
S. 1013 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\6031SD.96).
Amend the bill, as and if amended, in Section 47-1-210 of the 1976 Code, as contained in SECTION 1, by striking subsection (D), which begins on line 1 of page 2, and inserting:
/(D) This section does not apply when a live animal is given away as follows:
(1) by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;
(2) by individuals or organizations operating in conjunction with field trials approved by the Department of Natural Resources; or
(3) by kennels that advertise in national publications in regard to dogs that are registered with the United Kennel Club or the American Kennel Club./
Amend title to conform.
Rep. KLAUBER explained the amendment.
Reps. ASKINS, WITHERSPOON, CHAMBLEE, COOPER, CAIN, LAW and STUART objected to the Bill.
Rep. YOUNG-BRICKELL moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
Rep. LIMBAUGH moved to reconsider the vote whereby debate was adjourned on S. 921 and the motion was noted.
Rep. TUCKER moved to adjourn debate upon the following Bill, which was adopted.
S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.
Rep. TUCKER moved to adjourn debate upon the following Joint Resolution, which was adopted.
S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
Rep. TUCKER moved to adjourn debate upon the following Bill, which was adopted.
S. 1064 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-460 SO AS TO AUTHORIZE THE USE OF PAPER BALLOTS IN ELECTIONS CONDUCTED TO FILL VACANCIES.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1073 -- Senator McGill: A BILL TO AMEND SECTION 16-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THEFT OF ELECTRIC CURRENT, SO AS TO ADD A PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE.
Rep. KLAUBER explained the Bill.
S. 1198 -- Senator Alexander: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, POWERS, AND DUTIES OF COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE SCOPE OF THEIR DUTIES.
Rep. KLAUBER explained the Bill.
Rep. YOUNG-BRICKELL moved to adjourn debate upon the following Bill, which was adopted.
S. 1100 -- Senators Leventis, Giese, Russell, Reese and Cork: 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.
The following Bill was taken up.
S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
Rep. T. BROWN proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22744DW.96), which was adopted.
Amend the bill, as and if amended, page 2, SECTION 2, by inserting immediately after /upon./ on line 7 /The governing body of Georgetown County may appoint a register of mesne conveyances only after advertising the information concerning the appointment for two weeks before action is taken in a newspaper of general circulation in the county./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.
Rep. KLAUBER explained the Bill.
Rep. KLAUBER moved to adjourn debate upon the Bill until Wednesday, May 22, which was adopted.
The following Bill was taken up.
S. 1147 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER.
Rep. KLAUBER explained the Bill.
Rep. J. BROWN moved to adjourn debate upon the Bill until Tuesday, May 28, which was adopted.
The following Bill was taken up.
S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410, RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430, RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130, RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140, RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150, RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160, RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170, RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180, RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190, RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240, RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250, RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350, RELATING TO VERIFICATION OF REGISTRATION.
Reps. CROMER and CLYBURN proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2560DW.96).
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS:
/SECTION ____. Section 7-11-15 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:
"Section 7-11-15. (A) In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy between noon on March sixteenth and noon on March thirtieth as provided in this section. If either of these dates are a Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day.
(1) Candidates seeking nomination for a statewide, congressional, or district office which includes more than one county shall file their statements of intention of candidacy with the State Executive Committee of their respective party Election Commission.
(2) Candidates seeking nomination for the state Senate or House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party election commission in the county of their residence. The county committees election commissions must, within five days of the receipt of the statements, transmit them along with the applicable filing fees to the respective State Executive Committees. Provided, however, the county committees election commissions must report all filings to the respective state committees no later than five p.m. on March thirtieth. The State Executive Committees must certify candidates pursuant to Section 7-13-40.
(3) Candidates seeking nomination for a countywide or less than countywide office shall must file their statements of intention of candidacy with the county executive committee of their respective party election commission in the county of their residence.
(B) Except as provided herein in this section, the county executive committee of any political party election commission with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission respective county party executive committee by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The State Executive Committee Election Commission of any political party with whom statements of intention of candidacy are filed must file transmit, in turn, all the statements of intention of candidacy along with the applicable filing fees with to the respective State Election Commission Executive Committees by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if the candidate's statement of intention of candidacy has not been filed with the county election commission or State Election Commission authority authorized to receive filings, as set out above, as the case may be, by the deadline. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy.
(C) The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. It must be filed in triplicate by the candidate, and the political party committee authority with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission executive committee or the State Election Commission Executive Committee, as the case may be.
(D) If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided, that for the office of state Senator, the discretion must be exercised by the state committee.
(E) The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."
SECTION ____. Section 7-11-210 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:
"Section 7-11-210. (A) Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress or solicitor, to be voted for in any party primary election, shall file with and place in the possession of the treasurer of the state committee State Election Commission by twelve o'clock noon on March thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: 'I hereby file my notice as a candidate for the nomination as ______ in the primary election to be held on ______. I affiliate with the ______ Party, and I hereby pledge myself to abide by the results of the primary and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election'.
(B) Every candidate for selection in a primary election as the nominee of any political party for member of the Senate, member of the House of Representatives, and all county and township offices shall file with and place in the possession of the county chairman or other officer as may be named by the county committee election commission of the county in which they reside by twelve o'clock noon on March thirtieth a like notice and pledge.
(C) The notice of candidacy required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and the signature of the candidate must be signed in the presence of the county chairman a member of the commission or other officer person as may be named by the county committee commission with whom the candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath. Any notice of candidacy of any candidate signed by an agent in behalf of a candidate shall not be valid.
(D) In the event that If a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer offers or campaign campaigns as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), shall forthwith immediately institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order."
SECTION ____. Section 7-13-40 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:
"Section 7-13-40. In the event that If a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth falls on a Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written certification required by this section must contain a statement that all candidates certified meet the qualifications for the office for which they have filed. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION ____. Section 7-13-350 of the 1976 Code is amended to read:
Section 7-13-350. The nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission under this title for one or more of the offices, national, state, circuit, multi-county district, countywide, or less than countywide, to be voted on in the general election must be placed upon the appropriate ballot for the election as candidates nominated by party by the authority charged by law with preparing the ballot if the names of the nominees are certified by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, 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 for a special or municipal election, by at least twelve o'clock noon on the thirtieth day prior to the date of holding the election, or if the thirtieth day falls on Sunday, by twelve o'clock noon on the following Monday. Political parties nominating candidates by primary or convention must verify the qualifications of those candidates prior to certification to the authority charged by law with preparing the ballot. The written certification required by this section must contain a statement that all candidates certified meet the qualifications for the office for which they have filed."
Amend further, SECTION 6, page 5, lines 36 through 42, and on page 6, lines 1 through 12, by striking the SECTION in its entirety and inserting:
/SECTION 6. Section 7-13-45 of the 1976 Code is amended to read:
Section 7-13-45. In every general election year, the county chairman election commission shall:
(1) designate a specified place other than a private residence either its office, or the county board of voter registration office in the event there is no election commission office, as the place where persons may file as candidates;
(2) establish regular hours of not less than four hours a day of the first day of filing and during the final seventy-two hours of the filing period in which he the commission or some person he designates designated by the commission must be present at the designated place to accept filings;
(3) place an advertisement to appear two weeks before the filing period begins in a newspaper of general circulation in the county at least five by seven inches in size that notifies the public of the dates of the filing period, the offices which may be filed for, the place and street address where filings may be made, and the hours that an authorized person will be present to receive filings."
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. SIMRILL objected to the Bill.
Rep. CROMER continued speaking.
Reps. YOUNG-BRICKELL, MEACHAM, R. SMITH, INABINETT, KELLEY, McMAHAND, HARRELL, SANDIFER, WALKER, CAVE, WOFFORD and WITHERSPOON objected to the Bill.
Rep. TUCKER moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., May 21, 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. 571:
S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 21, 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. 1084:
S. 1084 -- Judiciary Committee: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BEER AND WINE, BY ADDING CHAPTERS 2, 4, 6, 8, 10, AND 12 SO AS TO PROVIDE FOR THE REGULATION, TRANSPORTATION, POSSESSION, CONSUMPTION, LICENSING, SALE, AND PENALTIES REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND TO MAKE CERTAIN TECHNICAL CHANGES; BY ADDING SECTION 12-33-245 SO AS TO PROVIDE FOR THE RATE AT WHICH MINIBOTTLES MUST BE TAXED; BY ADDING SECTION 12-33-475 SO AS TO PROVIDE FOR THE TAX EXEMPTION OF ALCOHOLIC LIQUORS SOLD TO THE UNITED STATES GOVERNMENT INSTRUMENTALITY FOR MILITARY PURPOSES; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO THE DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND, SO AS TO CHANGE A CODE REFERENCE; AND TO REPEAL CHAPTERS 1, 3, 5, 7, 9, 11, AND 13 OF TITLE 61, RELATING TO GENERAL PROVISIONS REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND LICENSES, ALCOHOLIC BEVERAGE CONTROL ACT, REGULATION OF THE TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES; IMPORTATION OF ALCOHOLIC BEVERAGES, BEER, WINE, ALE, PORTER, ALCOHOL; AND NUISANCES AND ENFORCEMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 21, 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. 4584:
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 ANY SUCH DRUG 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 TREATMENT OF THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5048 -- Reps. J. Brown and Scott: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIE M. MCLAUGHLIN FOR BEING ELECTED AS THE FIRST AFRICAN-AMERICAN SOUTH CAROLINA DEPARTMENT COMMANDER OF THE AMERICAN LEGION AND TO EXTEND BEST WISHES FOR MUCH CONTINUED SUCCESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5049 -- Reps. J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. WILLIAM LARK FOR BEING ELECTED THE FIRST AFRICAN-AMERICAN STATE COMMANDER OF THE VETERANS OF FOREIGN WARS FOR THE STATE OF SOUTH CAROLINA AND TO ACKNOWLEDGE HIS OTHER OUTSTANDING ACHIEVEMENTS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.
The motion of Rep. LIMBAUGH to reconsider the vote whereby debate was adjourned on the following Bill was taken up.
S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9383AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1-23-10(4) of the 1976 Code is amended to read:
"(4) 'Regulation' means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency except policy or guidance may not be used in lieu of regulation. The term 'regulation' includes the amendment or repeal of a prior regulation but does not include descriptions of agency procedures applicable only to agency personnel; criteria or guidance that merely interprets existing requirements; opinions of the Attorney General; decisions or orders in rate making, or price fixing or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders, or rules of the Board of Probation, Parole, and Pardon Board Services; orders of the supervisory or administrative agency of any a penal, mental or medical institution, in respect to the institutional supervision, custody, control, care, or treatment of inmates, prisoners or patients therein; decisions of the governing board of any a university, college, technical college, school, or other educational institution with regards to curriculum, qualifications for admission, dismissal and re-admission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty, and disciplinary proceedings; decisions of the Human Affairs Commission relating to firms or individuals; advisory opinions of any agencies; and other agency actions relating only to specified individuals."
SECTION 2. Section 1-23-110(A)(3)(c) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(c) a narrative preamble and either the text or a synopsis of the proposed regulation;. The preamble shall include a section-by-section discussion of the proposed regulation and a justification for any provision not required to maintain compliance with federal law including, but not limited to, grant programs;"
SECTION 3. Section 1-23-110(A)(3)(g) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(g) statement of the need and reasonableness of the regulation as determined by the agency based on an analysis of the factors listed in Section 1-23-115(C)(1) through (11). At no time is an agency required to include items (4) through (8) in the reasonableness and need determination. However, comments related to items (4) through (8) received by the agency during the public comment periods must be made part of the official record of the proposed regulations."
SECTION 4. Section 1-23-111 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-111. (A) When a public hearing is held pursuant to this article involving the promulgation of regulations by a department for which the governing authority is a single director, it shall must be conducted by an administrative law judge assigned by the chief judge. When a public hearing is held pursuant to this article involving the promulgation of regulations by a department for which the governing authority is a board or commission, it shall must be conducted by the board or commission, with the chairman presiding. The administrative law judge or chairman, as the presiding official, shall ensure that all persons involved in the public hearing on the regulation are treated fairly and impartially. The agency shall submit into the record the jurisdictional documents, including the statement of need and reasonableness, as determined by the agency based on an analysis of the factors listed in Section 1-23-115(C)(1) through (11), except items (4) through (8), and any written exhibits in support of the proposed regulation. The agency may also submit oral evidences. Interested persons may present written or oral evidence. The presiding official shall allow questioning of agency representatives or witnesses, or of interested persons making oral statements, in order to explain the purpose or intended operation of the proposed regulation, or a suggested modification, or for other purposes if material to the evaluation or formulation of the proposed regulation. The presiding official may limit repetitive or immaterial statements or questions. At the request of the presiding official or the agency, a transcript of the hearing must be prepared.
(B) After allowing all written material to be submitted and recorded in the record of the public hearing no later than five working days after the hearing ends, unless the presiding official orders an extension for not more than twenty days, the presiding official must shall issue a written report which must shall include findings as to the need and reasonableness of the proposed regulation based on an analysis of the factors listed in Section 1-23-115(C)(1) through (11), except items (4) through (8), and other factors as the presiding official identifies and may include suggested modifications to the proposed regulations in the case of a finding of lack of need or reasonableness.
(C) If the presiding official determines that the need for or reasonableness of the proposed regulation has not been established, the agency must shall elect to:
(a) follow the suggested modifications of the presiding official and submit the proposed regulation for legislative approval pursuant to Section 1-23-120 modify the proposed regulation by including the suggested modifications of the presiding official;
(b) not modify the proposed regulation but submit the proposed regulation as originally drafted for legislative approval pursuant to Section 1-23-120 with a copy of the presiding official's report attached in accordance with the presiding official's suggested modifications in which case the agency shall submit to the General Assembly, along with the promulgated regulation submitted for legislative review, a copy of the presiding official's written report; or
(c) withdraw the proposed regulation terminate the promulgation process for the proposed regulation by publication of a notice in the State Register and the termination is effective upon publication of the notice."
SECTION 5. Section 1-23-115(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) Upon written request by two members of the General Assembly, made before submission of a promulgated regulation to the General Assembly for legislative review, a regulation that has a substantial economic impact must have an assessment report prepared pursuant to this section and in accordance with the procedures contained in this article. In addition to any other method as may be provided by the General Assembly, the legislative committee to which the promulgated regulation has been referred, by majority vote, may send a written notification to the promulgating agency informing the agency that the committee cannot approve the promulgated regulation unless an assessment report is prepared and provided to the committee. The written notification tolls the running of the one-hundred-twenty-day legislative review period, and the period does not begin to run again until an assessment report prepared in accordance with this article is submitted to the committee. Upon receipt of the assessment report, additional days must be added to the days remaining in the one-hundred-twenty-day review period, if less than twenty days, to equal twenty days. A copy of the assessment report must be provided to each member of the committee."
SECTION 6. Section 1-23-115(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) At a minimum, The preliminary and final assessment report reports required by this section must disclose the effects of the proposed regulation on the public health and environmental welfare of the community and State and the effects of the economic activities arising out of the proposed regulation. Both the preliminary and final reports required by this section may include:
(1) a description of the regulation, the purpose of the regulation, the legal authority for the regulation, and the plan for implementing the regulation;
(2) a determination of the need for and reasonableness of the regulation as determined by the agency based on an analysis of the factors listed in this subsection and the expected benefit of the regulation;
(3) a determination of the costs and benefits associated with the regulation and an explanation of why the regulation is considered to be the most cost effective, efficient, and feasible means for allocating public and private resources and for achieving the stated purpose;
(4) the effect of the regulation on competition;
(5) the effect of the regulation on the cost of living and doing business in the geographical area in which the regulation would be implemented;
(6) the effect of the regulation on employment in the geographical area in which the regulation would be implemented;
(7) the source of revenue to be used for implementing and enforcing the regulation;
(8) a conclusion on the short-term and long-term economic impact upon all persons substantially affected by the regulation, including an analysis containing a description of which persons will bear the costs of the regulation and which persons will benefit directly and indirectly from the regulation;
(9) the uncertainties associated with the estimation of particular benefits and burdens and the difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens. A determination of the need for the regulation must shall consider qualitative and quantitative benefits and burdens;
(10) the effect of the regulation on the environment and public health;
(11) the detrimental effect on the environment and public health if the regulation is not implemented. An assessment report must not consider benefits or burdens on out-of-state political bodies or businesses. The assessment of benefits and burdens which cannot be precisely quantified may be expressed in qualitative terms. This subsection must not be interpreted to require numerically precise cost-benefit analysis. At no time is an agency required to include items (4) through (8) in a preliminary assessment report or statement of the need and reasonableness; however, these items may be included in the final assessment report prepared by the division."
SECTION 7. Section 1-23-120(A) of the 1976 Code, as last amended by Act 507 of 1992, is further amended to read:
"(A) All regulations except those specifically exempted under this section must be submitted to the General Assembly for review in accordance with this article, but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110. A regulation submitted to the General Assembly for review may not be withdrawn or modified by the agency for any reason except upon written notification by a committee that the committee by majority vote cannot approve the regulation in the form submitted, as provided for in Section 1-23-125."
SECTION 8. Section 1-23-120 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"(I) Each state agency which promulgates regulations or to which the responsibility for administering regulations has been transferred shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:
(1) for which the agency intends to begin the process of repeal in accordance with this article;
(2) for which the agency intends to begin the process of amendment in accordance with this article; and
(3) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with this article before or after it is so identified in the report to the Code Commissioner."
SECTION 9. Section 1-23-125 of the 1976 Code, as last amended by Act 605 of 1988, is further amended to read:
"(A) The legislative committee to which a regulation is submitted is not authorized to amend a particular regulation and then introduce a joint resolution approving the regulation as amended; however, this provision does not prevent the introduction of a resolution disapproving one or more of a group of regulations submitted to the committee and approving others submitted at the same time or deleting a clearly separable portion of a single regulation and approving the balance of the regulation in the committee resolution. An agency may not withdraw from or modify a regulation under legislative review unless the agency receives written notification, as provided for in this section, from a committee that the committee by majority vote cannot approve the regulation in the form submitted.
(B) If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:
(a)(1) withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the Lieutenant Governor, but any regulation not resubmitted within thirty days is considered permanently withdrawn;
(b)(2) withdraw the regulation permanently;
(c)(3) take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.
(C) The notification tolls the one-hundred-twenty-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty days, to equal twenty days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item (c)(3), it shall notify the committee in writing, and the remainder of the period begins to run only upon this notification.
(D) The provisions of This section, as they apply it applies to approval, disapproval, or modification of regulations, do does not apply to joint resolutions introduced by other than the committees to which regulations are initially referred by the Lieutenant Governor or the Speaker of the House of Representatives.
(E) When any If a regulation, when finally promulgated, includes a substantive change in the content of the regulation as proposed and published in the State Register, and the substantive change was not raised, considered, or discussed by public comment required in Section 1-23-110, the regulation must be refiled by the agency with the Legislative Council and published as revised in the State Register and processed as a new regulation in accordance with the provisions of this article."
SECTION 10. Section 8 of this act takes effect July 1, 1997, and applies to regulations which became effective before this date and on and after this date. All other sections of this act take effect upon approval by the Governor and apply to any regulation which has not been submitted to the General Assembly for the prescribed legislative review as provided for in Title 1, Chapter 23, Article 1 of the 1976 Code./
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. SHARPE proposed the following Amendment No. 2.
Amend the bill as and if amended:
Section 1. Section 1-23-10(4) of the 1976 code is amended to read:
"(4) 'Regulation' means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency except policy or guidance may not be used in lieu of regulation. Policy or guidance issued by an agency, other than in a regulation, is not binding on the public. The term 'regulation' includes general licensing criteria and conditions, and the amendment or repeal of a prior regulation but does not include descriptions of agency procedures applicable only to agency personnel; criteria or guidance that merely interprets existing requirements; opinions of the Attorney General; decisions or orders in rate making, or price fixing or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders, or rules of the Board of Probation, Parole, and Pardon Board Services; orders of the supervisory or administrative agency of any a penal, mental or medical institution, in respect to the institutional supervision, custody, control, care, or treatment of inmates, prisoners or patients therein; decision of the governing board of any a university, college, technical college, school, or other educational institution with regards to curriculum, qualifications for admission, dismissal and re-admission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty, and disciplinary proceedings; decision of the Human Affairs Commission relating to firms or individuals; advisory opinions of any agencies; and other agency actions relating only to specified individuals."
Rep. SHARPE explained the amendment.
Rep. HODGES moved to adjourn debate upon the Bill until Wednesday, May 22, which was adopted.
The following Bill was taken up.
S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2531DW.96), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 1, lines 30 through 34, by striking subsection (D) which reads:
/(D) If the county, by ordinance, transfers all or a portion of the responsibilities for the conduct of a municipal election to a municipality, the municipality shall create a municipal election commission and appoint, by ordinance, members to the commission pursuant to the provisions of Section 5-15-90./ and inserting:
/(D) If the municipality, by ordinance transfers a portion of the responsibilities for the conduct of a municipal election to a county election commission, the municipality shall not abolish the municipal election commission."/
When amended, SECTION 1 shall read:
/SECTION 1. Section 5-15-145 of the 1976 Code, as added by Act 289 of 1992, is amended by adding:
"(C) When the total responsibility for the conduct of a municipal election is transferred to a county election commission, pursuant to the provisions of this section, the municipal election commission is abolished.
(D) If the municipality, by ordinance transfers a portion of the responsibilities for the conduct of a municipal election to a county election commission, the municipality shall not abolish the municipal election commission."/
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article I of the Constitution of this State be amended by adding:
"Section 24. (A) To preserve and protect victims' rights to justice and due process regardless of race, sex, age, religion, or economic status, victims of crime have the right to:
(1) be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal and juvenile justice process, and informed of the victim's constitutional rights, provided by statute;
(2) be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped;
(3) be informed of and present at any criminal proceedings which are dispositive of the charges where the defendant has the right to be present;
(4) be reasonably informed of and be allowed to submit either a written or oral statement at all hearings affecting bond or bail;
(5) be heard at any proceeding involving a post-arrest release decision, a plea, or sentencing;
(6) be reasonably protected from the accused or persons acting on his behalf throughout the criminal justice process;
(7) confer with the prosecution, after the crime against the victim has been charged, before the trial or before any disposition and informed of the disposition;
(8) have reasonable access after the conclusion of the criminal investigation to all documents relating to the crime against the victim before trial;
(9) receive prompt and full restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury including both adult and juvenile offenders;
(10) be informed of any proceeding when any post-conviction action is being considered, and be present at any post-conviction hearing involving a post-conviction release decision;
(11) a reasonable disposition and prompt and final conclusion of the case;
(12) have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and have these rules subject to amendment or repeal by the legislature to ensure protection of these rights.
(B) Nothing in this section creates a civil cause of action on behalf of any person against any public employee, public agency, the State, or any agency responsible for the enforcement of rights and provision of services contained in this section. The rights created in this section may be subject to a writ of mandamus, to be issued by any justice of the Supreme Court or circuit court judge to require compliance by any public employee, public agency, the State, or any agency responsible for the enforcement of the rights and provisions of these services contained in this section, and a wilful failure to comply with a writ of mandamus is punishable as contempt.
(C) For purposes of these section:
(1) A victim's exercise of any right granted by this section is not grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(2) 'Victim' means a person who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a crime against him. The term 'victim' also includes the person's spouse, parent, child, or lawful representative of a crime victim who is deceased, who is a minor or who is incompetent or who was a homicide victim or who is physically or psychologically incapacitated.
(3) The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve, and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(4) The enumeration in the Constitution of certain rights for victims shall not be construed to deny or disparage others granted by the General Assembly or retained by victims."
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended so as to add the 'Victims' Bill of Rights' which provides that a crime victim shall have the right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse throughout the criminal and juvenile justice process?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Section 15, Article I of the Constitution of this State be amended to read:
"Section 15. All persons shall be, before conviction, be bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, or with violent offenses defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event. Excessive bail shall not be required;, nor shall excessive fines be imposed;, nor shall cruel, nor corporal, nor unusual punishment be inflicted;, nor shall witnesses be unreasonably detained."
SECTION 4. The proposed amendment in Section 3 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 15 of Article I of the Constitution of this State, relating to the right of bail, cruel and unusual punishment, and detention of witness, be amended so as to provide that bail may be denied to persons charged with violent offenses as defined by the General Assembly?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Reps. TUCKER and WOFFORD proposed the following Amendment No. 3 (Doc Name P:\amend\PT\2564AC.96), which was tabled.
Amend the joint resolution, as and if amended, Section 24(C) as contained in SECTION 1 of this joint resolution, page 3, by inserting immediately after line 5:
/(5) The office of the Attorney General shall implement and is responsible for the rights enumerated in this section./
Amend title to conform.
Rep. TUCKER explained the amendment.
Rep. WOFFORD spoke in favor of the amendment.
Rep. TUCKER spoke in favor of the amendment.
Rep. COTTY spoke against the amendment.
Rep. WOFFORD spoke against the amendment and moved to table the amendment, which was agreed to.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harvin Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The SPEAKER granted Rep. HODGES a temporary leave of absence due to giving a deposition on reapportionment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. TUCKER moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up.
S. 1064 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-460 SO AS TO AUTHORIZE THE USE OF PAPER BALLOTS IN ELECTIONS CONDUCTED TO FILL VACANCIES.
Rep. CROMER explained the Bill.
Rep. COOPER moved to table the Bill, which was not agreed to by a division vote of 3 to 28.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1100 -- Senators Leventis, Giese, Russell, Reese and Cork: 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.
Reps. SIMRILL, MARCHBANKS, HERDKLOTZ, TROTTER, ROBINSON, DAVENPORT, WHATLEY, SANDIFER, KNOTTS, INABINETT, KLAUBER and BAILEY objected to the Bill.
The following Joint Resolution was taken up.
S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Rep. CROMER explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Boan Breeland Brown, G. Brown, J. Byrd Cain Canty Carnell Cave Cotty Cromer Dantzler Davenport Delleney Easterday Fulmer Gamble Govan Hallman Harrell Harris, J. Harvin Herdklotz Hines, J. Hines, M. Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Limbaugh Limehouse Lloyd Marchbanks Martin McAbee McCraw McElveen McKay McMahand McTeer Moody-Lawrence Neilson Rhoad Richardson Rogers Scott Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Trotter Tucker Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Wright Young
Those who voted in the negative are:
Cato Cooper Fleming Klauber Law Littlejohn Loftis Mason Meacham Rice Robinson Sandifer Seithel Tripp Wofford Young-Brickell
So, the Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2530DW.96), which was adopted.
Amend the bill, as and if amended, page 14, SECTION 10, by striking subsection (C) of Section 7-25-180, lines 23 through 25 /(C) Nothing in this section may be interpreted to prohibit a registered voter from wearing any campaign sticker, button, t-shirt, or hat while waiting to vote./
When amended, SECTION 10 shall read:
/SECTION 10. Section 7-25-180 of the 1976 Code is amended to read:
"Section 7-25-180. (A) It is unlawful on an election day within two hundred feet of any entrance used by the voters to enter the polling place for a person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of any such entrance clear of political literature and displays, and the county and municipal law enforcement officers, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of any such entrance distributed or displayed in violation of this section.
(B) A candidate may wear within two hundred feet of the polling place a label no larger than four and one-fourth inches by four and one-fourth inches that contains the candidate's name and the office he is seeking. If the candidate enters the polling place, he may not display any of this identification, including, but not limited to, campaign stickers or buttons."/
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. HUTSON moved to adjourn debate upon the Bill until Tuesday, May 28.
Rep. TUCKER moved to table the motion, which was agreed to by a division vote of 33 to 23.
The amendment was then adopted.
Rep. HUTSON objected to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SCOTT moved to reconsider the vote whereby the following Bill was given a second reading, which was rejected by a division vote of 31 to 41.
S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Rep. FLEMING moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
Rep. TUCKER moved to adjourn debate upon the following Bill, which was adopted.
S. 1327 -- Senators Holland, McGill and Giese: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.
The SPEAKER granted Rep. WILKES a leave of absence for the remainder of the day.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1335 -- Senator Drummond: A BILL TO AMEND CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEASURES, BY ADDING ARTICLE 5 ENACTING THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT IN ORDER TO PROVIDE FOR MUTUAL ASSISTANCE BETWEEN THE MEMBER STATES IN MANAGING EMERGENCIES OR DISASTERS DULY DECLARED BY THE GOVERNOR OF THE AFFECTED STATE AND MUTUAL COOPERATION IN EMERGENCY-RELATED EXERCISES AND TRAINING ACTIVITIES.
Rep. KLAUBER explained the Bill.
S. 739 -- Senators Bryan and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.
Rep. MARTIN explained the Bill.
The following Bill was taken up.
S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2538JM.96), which was adopted.
Amend the bill, as and if amended, by striking Section 42-1-415, as contained in SECTION 1, and inserting:
/"Section 42-1-415. (A) Notwithstanding any other provision of law, upon the submission of documentation to the commission that a contractor or subcontractor has represented himself to a higher tier subcontractor, contractor, or project owner as having workers' compensation insurance at the time the contractor or subcontractor was engaged to perform work, only the contractor or subcontractor who represented himself as having workers' compensation insurance may be considered a statutory employer for claims filed by his employees under this title. In the event that the contractor or subcontractor who has made the documentation as defined in subsection (B) is uninsured, regardless of the number of employees that the employer has, the higher tier subcontractor, contractor, project owner, or his insurance carrier shall not be considered a statutory employer as defined in this chapter and the claim shall be paid or defended by the South Carolina Workers' Compensation Uninsured Employers' Fund as created and required by Section 42-7-200. Any disputes arising as a result of claims filed under this section must be determined by the commission.
(B) To qualify for the exclusion as a statutory employer under this section, the higher tier subcontractor, contractor, or project owner must collect documentation of insurance as provided in subsection (A) on a standard form prepared by the commission. The documentation must be collected at the time the contractor or subcontractor is engaged to perform work and must be turned over to the commission at the time a claim is filed by the injured employee.
(C) The falsifying of information contained in standard forms submitted pursuant to this section must be considered fraud and subjects the person responsible for filing such false documentation to the penalties for fraud as provided by law. A contractor or subcontractor who falsely documents workers' compensation insurance or any contractor or subcontractor who refuses to reimburse the Uninsured Employers' Fund for a claim paid on its behalf shall suffer the revocation of his license or certificate as a contractor or residential home builder under applicable provisions of Title 40; provided, however, notwithstanding any other provision of law, the license or certificate of a contractor or residential home builder shall be revoked for a period of two years when the contractor or subcontractor falsely documents workers' compensation insurance. Upon expiration of the two year revocation period, or when the license or certificate of any contractor or subcontractor is revoked for refusal to reimburse the Uninsured Employers' Fund for a claim paid on its behalf, the licensing entity of the contractor or subcontractor may reissue the license or certificate of the contractor or residential home builder in the same manner as any other revoked license."/
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
The following Bill was taken up.
S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22864SD.96), which was adopted.
Amend the bill, as and if amended, in Section 61-5-530 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (C) to read:
/(C) The hours during which guests may have access to a hospitality cabinet are not limited to the hours that the qualified facility is licensed to sell alcoholic beverages unless this provision is specified by the governing body in the ordinance./
Amend further, as and if amended, in Section 61-5-550 of the 1976 Code, as contained in SECTION 1, by striking the last sentence of subsection (B).
When amended subsection (B) shall read:
/(B) Access to a hospitality cabinet in a particular guest room must be provided, by furnishing a key, magnetic card, or similar device, only to a qualified registered guest of legal drinking age, registered to stay in the guest room./
Amend further, as and if amended, in Section 61-5-550(D) of the 1976 Code, as contained in SECTION 1, by adding immediately before /if/ on line 43, page 21, /only/. When amended subsection (D) shall read:
/(D) A key, magnetic card, or similar device required to obtain access to the hospitality cabinet in a particular guest room may be given only to the qualified registered guest if requested by that guest and only if the guest is not visibly or obviously intoxicated./
Amend further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 61-3-440 of the 1976 Code, as last amended by Section 1583 of Act 181 of 1993, is further amended to read:
"Section 61-3-440. The department shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:
(1) 'Church', an establishment, other than a private dwelling, where religious services are usually conducted;
(2) 'School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and
(3) 'Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.
The above restrictions shall do not apply to the renewal of licenses existing on July 10, 1960 or to locations then existing , and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Reps. KELLEY, KEEGAN and WITHERSPOON proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2565JM.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 61-9-312 of the 1976 Code, as last amended by Section 75, Part II, Act 145 of 1995, is further amended to read:
"Section 61-9-312. (A) In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars.
(B) Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by three thousand seven hundred fifty or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section.
(C) (1) Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100 (A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5); and
(c) festivals which have a demonstrable and significant impact on tourism.
(2) The revenue may not be used for operating expenses of tourism-related buildings."
SECTION 2. Section 61-5-180 of the 1976 Code is amended to read:
"Section 61-5-180. (A) In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall specify the terms and conditions of the permit.
(B) (1) The permit fees must be credited to the general fund of the State distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;
(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
The department in its sole discretion shall specify the terms and conditions of the permit.
(C) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:
'Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'
A referendum for this purpose may not be held more often than once in forty-eight months.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION 3. In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs, but not more than two thousand nine hundred ninety-nine jobs, after December 31, 1990, for a period of three years beginning July 1, 1997, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.
SECTION 4. Section 1 of this act takes effect July 1, 1996, and Sections 2 and 3 of this act take effect July 1, 1997./
Amend title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 926 -- Senators Patterson, Giese, Gregory and Mescher: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CHARGED WITH A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL DRUGS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\6045AC.96), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 16-11-330 of the 1976 Code, as amended by Act 7 of 1995, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years nor or more than thirty years, no part of which may be suspended or probation granted. A person convicted under the provisions of this subsection is not eligible for parole until he the person has served at least seven years of his the sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
SECTION __. Section 20-7-2170(E) of the 1976 Code, as amended by Act 83 of 1995, is further amended to read:
"(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday, must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Department of Corrections Board of Juvenile Parole, a transferred juvenile transferred pursuant to this subsection must be released by his twenty-first birthday according to the provisions of his commitment.
(F) Notwithstanding the above provision, A juvenile committed as an adult offender by order of the Court of General Sessions shall must be considered for parole or other release according to the laws pertaining to release of adult offenders."
SECTION __. Section 20-7-2195 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2195. (A) The Department of Juvenile Justice, when authorized by an order of any a circuit judge, shall, after notice to the Department of Corrections, temporarily shall transfer temporarily to the custody of the Youthful Offender Division any a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in such the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in such custody. The director of the Department of Corrections shall receive such these children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall be held therein there, is subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall are under the authority of the division and but are subject to release according to the division's policies and procedures by the Board of Juvenile Parole.
(B) The Youthful Offender Division shall at least quarterly shall make recommendations to the parole board concerning possible release of each child so transferred to the department or his the child's return to institutions of the Department of Juvenile Justice."
SECTION __. Section 24-19-10(d) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(d) )'Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years or more, or
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony or a felony which provides for a maximum term of imprisonment of fifteen years or less."
SECTION __. Section 24-19-50 of the 1976 Code is amended to read:
"Section 24-19-50. In the event of a conviction of a youthful offender the court may:
(a)(1) suspend the sentence and place the youthful offender on probation.;
(b)(2) release the youthful offender to the custody of the division prior to before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation will must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department of Vocational Rehabilitation and the Department of Corrections and the findings, along with and recommendations for sentencing, shall must be returned with the youthful offender to the court for sentencing.;
(c)(3) if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division, the period of such custody not to be in excess of exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with the above procedure this item if he consents thereto in writing. No youthful offender shall be sentenced more than twice under the provisions of this chapter.;
(d)(4) if the court shall find finds that the youthful offender will not derive benefit from treatment, then the court may sentence the youthful offender under any other applicable penalty provision. The youthful offender shall must be placed in the custody of the department.;
(5) not sentence a youthful offender more than once under this chapter."/
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. L. WHIPPER moved to adjourn debate upon the Bill until Wednesday, May 22.
Rep. COOPER moved to table the motion.
Rep. L. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Cain Cato Cooper Dantzler Davenport Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Herdklotz Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McCraw McKay Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Spearman Stille Stoddard Tripp Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Anderson Bailey Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cotty Cromer Delleney Govan Harvin Hines, J. Hines, M. Inabinett Jennings Keyserling Kirsh Lee Lloyd McMahand McTeer Moody-Lawrence Scott Shissias Stuart Whipper, L. Whipper, S. White Wilder Williams
So, the motion to adjourn debate was tabled.
Rep. SCOTT raised the Point of Order that Amendment No. 1 was out of order as it was not germane as the Bill dealt with finger printing, records, names and pictures and the amendment dealt with changing the Code in terms of time given in sentences for juveniles.
Rep. LIMBAUGH argued contra the Point in that stating that both the Bill and the amendment dealt with juvenile crime.
The SPEAKER stated that under Rule 9.3 that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. TUCKER moved to recommit the Bill to the Committee on Judiciary, which was not agreed to by a division vote of 11 to 64.
The Bill was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. TUCKER moved that the House recur to the morning hour, which was agreed to by a division vote of 42 to 17.
The following was introduced:
H. 5050 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING ELECTRIC CITY PRINTING COMPANY OF ANDERSON ON BEING AWARDED THE CONTRACTS TO PRINT COMPETITION NUMBERS FOR THE 1996 OLYMPICS AND FOR THE 1996 ATLANTA PARALYMPIC GAMES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1327 -- Senators Holland, McGill and Giese: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.
Rep. D. SMITH explained the Bill.
S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.
Rep. MARTIN explained the Bill.
S. 1306 -- Senator Giese: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.
Rep. MARTIN explained the Bill.
H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAILEY explained the Joint Resolution.
S. 1260 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-3-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO PROVIDE THAT A PERSON WHO FAILS TO PICK UP AN ANIMAL OR WHO ABANDONS ONE AT AN ANIMAL HOSPITAL, A DOG KENNEL, A CAT KENNEL, ANOTHER ANIMAL CARE FACILITY, OR BOARDING FACILITY IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE PENALTIES.
Rep. SHARPE explained the Bill.
Rep. TUCKER moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.
The following Joint Resolution was taken up.
S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 9, Article III of the Constitution of this State be amended to read:
"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, That the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. The annual session of the General Assembly shall convene at the State Capitol in the city of Columbia on the second Tuesday of January in even-numbered years and on the second Tuesday in February in odd-numbered years. The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of their respective members for not more than three days following the general election in even-numbered years for the purpose of organizing and elections. Officers of the General Assembly, including the Speaker of the House and the President Pro Tempore of the Senate, and committee chairmen must be elected during the organizational session. During odd-numbered years, the presiding officers of the House and Senate shall convene on the second Tuesday in January for not more than two days for the limited purpose of accepting any bills or resolutions introduced by any member and referring any bills or resolutions to the appropriate committee which may then consider them at such times as the committee meets. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years and for an organizational session for the Senate in certain years, delete obsolete language, provide for election of officers of the General Assembly, provide for certain meetings for the introduction and referral to committee of legislation, and provide for certain committee meetings?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\6049DW.96), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Section 9, Article III of the Constitution of this State be amended to read:
"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, That the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. The annual session of the General Assembly shall convene at the State Capitol in the city of Columbia on the second Tuesday of January in even-numbered years and on the second Tuesday in February in odd-numbered years. The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of their respective members for not more than three days following the general election in even-numbered years for the purpose of organizing and elections. Officers of the General Assembly, including the Speaker of the House and the President Pro Tempore of the Senate, and committee chairmen must be elected during the organizational session. During odd-numbered years, the presiding officers of the House and Senate shall convene on the second Tuesday in January for not more than two days for the limited purpose of accepting any bills or resolutions introduced by any member and referring any bills or resolutions to the appropriate committee which may then consider them at such times as the committee meets. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years and for an organizational session for the Senate in certain years, delete obsolete language, provide for election of officers of the General Assembly, provide for certain meetings for the introduction and referral to committee of legislation, and provide for certain committee meetings?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to read:
PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS./
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Govan Hallman Harrell Harris, J. Harvin Herdklotz Hines, J. Hines, M. Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neilson Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Tucker Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Joint Resolution was taken up.
S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 1A SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN ELECTION LAW VIOLATION UNDER STATE OR FEDERAL LAW OR WHO HAS PLED GUILTY OR NOLO CONTENDERE TO AN ELECTION LAW OFFENSE IS ELIGIBLE TO SERVE AS A JUSTICE OF THE SUPREME COURT, AS A JUDGE OF THE COURT OF APPEALS, AS A CIRCUIT COURT JUDGE, OR AS A JUDGE OR MEMBER OF ANY OTHER COURT PROVIDED FOR OR ESTABLISHED BY THE CONSTITUTION OR BY GENERAL LAW THAT IS A PART OF THE UNIFIED JUDICIAL SYSTEM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2539DW.96), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 2-1-180 of the 1976 Code is amended to read:
"Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."
SECTION 2. This act is effective with respect to regular sessions of the General Assembly beginning after 1996./
Amend title to read:
/TO AMEND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING./
Renumber sections to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. JENNINGS moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.
Debate was resumed on Amendment No. 2, by Rep. SHARPE.
Rep. SHARPE moved to table the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 3 (Doc Name P:\amend\PT\2567DW.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 1-23-10(4) of the 1976 Code is amended to read:
(4) 'Regulation' means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency. Policy or guidance issued by an agency other than in a regulation does not have the force or effect of law. The term 'regulation' includes general licensing criteria and conditions and the amendment or repeal of a prior regulation but does not include descriptions of agency procedures applicable only to agency personnel; opinions of the Attorney General; decisions or orders in rate making, price fixing or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders or rules of the Board of Probation, Parole, and Pardon Board Services; orders of the supervisory or administrative agency of any a penal, mental or medical institution, in respect to the institutional supervision, custody, control, care or treatment of inmates, prisoners or patients therein; decisions of the governing board of any a university, college, technical college, school or other educational institution with regards to curriculum, qualifications for admission, dismissal and readmission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty and disciplinary proceedings; decisions of the Human Affairs Commission relating to firms or individuals; advisory opinions of any agencies; and other agency actions relating only to specified individuals./
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3775CM.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Sections 24-13-610, 24-13-620 and 24-13-630 of the 1976 Code are repealed.
SECTION 2. This act takes effect upon the approval of the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Reps. FLEMING and LIMBAUGH proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\6045AC.96), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 16-11-330 of the 1976 Code, as amended by Act 7 of 1995, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years nor or more than thirty years, no part of which may be suspended or probation granted. A person convicted under the provisions of this subsection is not eligible for parole until he the person has served at least seven years of his the sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
SECTION __. Section 20-7-2170(E) of the 1976 Code, as amended by Act 83 of 1995, is further amended to read:
"(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday, must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Department of Corrections Board of Juvenile Parole, a transferred juvenile transferred pursuant to this subsection must be released by his twenty-first birthday according to the provisions of his commitment.
(F) Notwithstanding the above provision, A juvenile committed as an adult offender by order of the Court of General Sessions shall must be considered for parole or other release according to the laws pertaining to release of adult offenders."
SECTION __. Section 20-7-2195 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2195. (A) The Department of Juvenile Justice, when authorized by an order of any a circuit judge, shall, after notice to the Department of Corrections, temporarily shall transfer temporarily to the custody of the Youthful Offender Division any a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in such the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in such custody. The director of the Department of Corrections shall receive such these children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall be held therein there, is subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall are under the authority of the division and but are subject to release according to the division's policies and procedures by the Board of Juvenile Parole.
(B) The Youthful Offender Division shall at least quarterly shall make recommendations to the parole board concerning possible release of each child so transferred to the department or his the child's return to institutions of the Department of Juvenile Justice."
SECTION __. Section 24-19-10(d) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(d) )'Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years or more, or
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony or a felony which provides for a maximum term of imprisonment of fifteen years or less."
SECTION __. Section 24-19-50 of the 1976 Code is amended to read:
"Section 24-19-50. In the event of a conviction of a youthful offender the court may:
(a)(1) suspend the sentence and place the youthful offender on probation.;
(b)(2) release the youthful offender to the custody of the division prior to before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation will must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department of Vocational Rehabilitation and the Department of Corrections and the findings, along with and recommendations for sentencing, shall must be returned with the youthful offender to the court for sentencing.;
(c)(3) if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division, the period of such custody not to be in excess of exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with the above procedure this item if he consents thereto in writing. No youthful offender shall be sentenced more than twice under the provisions of this chapter.;
(d)(4)if the court shall find finds that the youthful offender will not derive benefit from treatment, then the court may sentence the youthful offender under any other applicable penalty provision. The youthful offender shall must be placed in the custody of the department.;
(5) not sentence a youthful offender more than once under this chapter."/
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1263 -- Senators Leventis, McGill, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO MAKE THIS SECTION INAPPLICABLE TO PERSONS WHO ARE ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
Reps. SHARPE and RISER proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22890SD.96).
Amend the bill, as and if amended, by striking SECTION 5 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
Reps. WITHERSPOON, KOON, TRIPP, KNOTTS, COOPER, CAIN and WHATLEY objected to the Bill.
Rep. LIMBAUGH moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.
S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.
Reps. LIMBAUGH and FLEMING proposed the following Amendment No. 3 (Doc Name P:\amend\PFM\9423AC.96).
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 16-11-330 of the 1976 Code, as amended by Act 7 of 1995, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commissino of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years nor or more than thirty years, no part of which may be suspended or probation granted. A person convicted under the provisions of this subsection is not eligible for parole until he the person has served at least seven years of his the sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commissino of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
SECTION __. Section 20-7-2170(E) of the 1976 Code, as amended by Act 83 of 1995, is further amended to read:
"(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday, must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Department of Corrections Board of Juvenile Parole, a transferred juvenile transferred pursuant to this subsection must be released by his twenty-first birthday according to the provisions of his commitment.
(F) Notwithstanding the above provision, A juvenile committed as an adult offender by order of the Court of General Sessions shall must be considered for parole or other release according to the laws pertaining to release of adult offenders."
SECTION __. Section 20-7-2195 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2195. (A) The Department of Juvenile Justice, when authorized by an order of any a circuit judge, shall, after notice to the Department of Corrections, temporarily shall transfer temporarily to the custody of the Youthful Offender Division any a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in such the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in such custody. The director of the Department of Corrections shall receive such these children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall be held therein there, is subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall are under the authority of the division and but are subject to release according to the division's policies and procedures by the Board of Juvenile Parole.
(B) The Youthful Offender Division shall at least quarterly shall make recommendations to the parole board concerning possible release of each child so transferred to the department or his the child's return to institutions of the Department of Juvenile Justice."
SECTION __. Section 24-19-10(d) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(d) 'Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years or more, or
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony or a felony which provides for a maximum term of imprisonment of fifteen years or less."
SECTION __. Section 24-19-50 of the 1976 Code is amended to read:
"Section 24-19-50. In the event of a conviction of a youthful offender the court may:
(a)(1) suspend the sentence and place the youthful offender on probation.;
(b)(2) release the youthful offender to the custody of the division prior to before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation will must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department of Vocational Rehabilitation and the Department of Corrections and the findings, along with and recommendations for sentencing, shall must be returned with the youthful offender to the court for sentencing.;
(c)(3) if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division, the period of such custody not to be in excess of exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with the above procedure this item if he consents thereto in writing. No youthful offender shall be sentenced more than twice under the provisions of this chapter.;
(d)(4)if the court shall find finds that the youthful offender will not derive benefit from treatment, then the court may sentence the youthful offender under any other applicable penalty provision. The youthful offender shall must be placed in the custody of the department.;
(5) not sentence a youthful offender more than once under this chapter."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 3 was out of order as it was not germane in that the Bill dealt with work release and the amendment dealt with changing the criteria.
Rep. FLEMING argued contra the Point in stating that the amendment was germane because the Bill was dealing with a program within the Department of Corrections.
Rep. LIMBAUGH stated that the amendment changed the eligibility for youthful offender sentencing. He further stated that the amendment was identical to a previous amendment already adopted except it added language, the same language passed in S. 90, which changes the definition of armed robbery.
Rep. SCOTT stated that the previous amendment adopted dealt with programs and this amendment dealt with criteria and the original title of the Bill dealt with programs under work release.
The SPEAKER stated the amendment was germane to the Bill as amended since the previous amendment had been adopted and he overruled the Point of Order.
Reps. SCOTT, L. WHIPPER, S. WHIPPER, BREELAND, ANDERSON, TUCKER, FLEMING, WHITE, LIMBAUGH, DAVENPORT, CAIN, SANDIFER and J. HINES objected to the Bill.
Reps. R. SMITH, KELLEY, SANDIFER, HARRELL, MEACHAM, WALKER, WITHERSPOON, SIMRILL, McMAHAND and YOUNG-BRICKELL withdrew their objections to the following Bill.
S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410, RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430, RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130, RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140, RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150, RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160, RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170, RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180, RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190, RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240, RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250, RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350, RELATING TO VERIFICATION OF REGISTRATION.
Rep. WRIGHT withdrew his objection to S. 35 however, other objections remained upon the Bill.
On motion of Rep. ALLISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.
Rep. SHARPE asked unanimous consent to recall S. 760 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. YOUNG-BRICKELL objected.
Rep. SIMRILL asked unanimous consent to recall S. 604 from the Committee on Labor, Commerce and Industry.
Rep. COOPER objected.
On motion of Rep. JENNINGS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 1366 -- Senator Holland: A BILL TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.
Rep. GOVAN asked unanimous consent to recall H. 3490 from the Committee on Judiciary.
Rep. TUCKER objected.
Rep. MEACHAM asked unanimous consent to recall H. 4593 from the Committee on Labor, Commerce and Industry.
Rep. FELDER objected.
Rep. LIMBAUGH asked unanimous consent to recall S. 1247 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. GOVAN asked unanimous consent to recall H. 4050 from the Committee on Ways and Means.
Rep. H. BROWN objected.
Rep. H. BROWN moved to adjourn debate upon the Senate amendments to the following Joint Resolution until Thursday, May 23, which was adopted.
H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.
The Senate amendments to the following Bill were taken up for consideration.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Rep. COOPER moved to adjourn debate upon the Senate amendments until Wednesday, May 22.
Rep. QUINN moved to table the motion, and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Carnell Cato Cromer Dantzler Delleney Easterday Felder Fulmer Gamble Hallman Harrell Harris, J. Harvin Hines, J. Hines, M. Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Cooper Cotty Davenport
So, the motion to adjourn debate was tabled.
Rep. QUINN: "I would like to raise a Point of Order. I would like to raise the Point of Order that under Article 3, Section 17, the Bill must relate to only one subject and that subject must be printed in the title. The body of this Bill deals solely with the lease or merger of MUSC and several hospitals under their control and nothing in the title relates to MUSC or the hospitals that are in the Bill. The title of the Bill deals with the SC Higher Education Commission, it revises membership and changes some of the structure of the Commission. I just think that this is in violation of that Article."
SPEAKER WILKINS: "Anyone else want to be heard?"
Rep. FELDER: "Mr. Speaker, in the body of the amendment that was passed in the Senate, there is a reference to the Commission on Higher Education, and it is a paragraph that refers to that. The record in the Senate Journal will reflect that all through the process of passage of the amendment, that the elected senators and the presiding officer always entertained motions that the title would be amended as well as, when it was passed. This, then, comes from the Senate to us with an error in drafting and made by someone who is not an elected official, and it comes here. And it comes, it was read across the desk with no Point being made as to the nonconformity of the title with the body of the amendment that was passed. Even if that is constitutionally correct, it comes too late as it should have been made, the Point, when it became property of the House because once it was read across the desk, and was placed on our calendar without objection or without a Point of Order being raised, it then takes it's place under our Rules under Senate Amendments to a House Bill. Under our Rules, the only things, there are only three things that can happen to this, one being that we could concur, two being that we could non-concur, or three, amend it. And once we amended it, it would leave here and go immediately back to the Senate. It can't be referred to a Committee because to do that would disregard the purpose of the Rule on the Calendar and the special wording in the Rules, and that is that once we get a Senate Amendment, we can concur or non-concur. Had the Point been made when it was read across the desk, it would have more validity and more pertinence to the question before the Body. If,..."
SPEAKER WILKINS: "Let me address that, can I address that?"
Rep. FELDER: "Yes sir."
SPEAKER WILKINS: "About the Point being made too late, I think that would put too much of a burden on the Body for the Senate to amend the Bill and the title of the Bill to be somewhat, but not exactly the same as the body, and to come over and put that burden on the body to object the minute it is read across the desk. There has been no action by the House on the Bill other than to adjourn debate. We haven't sent it to a committee. The committee hasn't taken any action on it. There was a Point of Order sustained by the former Speaker, on a question about whether or not the Senate could appropriate funds, in a Bill that originated in the Senate, and in that question, he ruled that the Point of Order was raised too late, but at that time, the Bill had in effect gone to a Committee, been worked on in Committee, amended by the Committe and brought back to the floor and he ruled that, in that case, that the Point of Order was too late. But I think to require Mr. Quinn, in this case, to make his Point when the Bill has only been read across the desk would place an unreasonable burden on the Body for all Bills that come back across from the Senate. So, I am not pursuaded by the argument that it was made too late, neither am I pursuaded by the fact that you tell me that it is a scrivener's error."
Rep. FELDER: "Alright, so, even though I respectfully disagree with you, Mr. Speaker, I feel like if you look in the body of the amendment itself, it refers to a reference in there that money that is appropriated will go back to the Commission on Higher Education which then corrects the scrivener's error. I think it is putting too much of a burden on the Body of this House to allow Mr. Quinn to take advantage of a mistake of someone who is employed somewhere in this process, not an elected official, not a person that is bound by the Rules, to go outside of the Rules, and take advantage of a mistake, and then, to thwart the will of the Body not to vote on a subject matter that comes before it under the Rules. He can't refer it to a committee. If we could refer it to a committee, fix the mistake and bounce it right back, we would do it. We can't do that. There is no way a motion to recommit or to commit to a committee is proper. Because the only three things that can happen under our Rules is to concur, non-concur, or amend."
SPEAKER WILKINS: "So, your argument basically is that it does not violate Article 3, Section 17 in your opinion?"
Rep. FELDER: "Absolutely."
SPEAKER WILKINS: "Alright sir, does anyone else want to be heard on the Point of Order? Mr. Cromer?"
Rep. CROMER: "I just wanted to say that it was my understanding that it wasn't, I think I agree with Mr. Felder, but as far as the scrivener's error part, the title having to technically comform to correct the content underneath that title, that happens automatically upon ratification, not on each step of the way down the line."
SPEAKER WILKINS: "Sometimes it does and sometimes it doesn't."
Rep. CROMER: "Yes sir, but I was just going to caution that a ruling that it must in each instance might jeopardize us in future things that we do."
SPEAKER WILKINS: "The Bill before it, the Senate Amendments on Page 22, House Bill 3170, in that instance, the Senate not only amended the body of the Bill, but also amended the title."
Rep. CROMER: "O.K."
SPEAKER WILKINS: "Sometimes it is done and sometimes, as Mr. Felder says, it simply has in the body of the Bill 'to amend title to conform.' That is the case in this situation. Anyone else want to be heard on the Point of Order? Miss Seithel, do you want to be heard on the Point of Order? Anyone else? Mr. Martin?"
Rep. MARTIN: "Mr. Speaker, it would appear to me that the Section of the Constitution or Article of the Constitution quoted by Mr. Quinn refers itself to every 'Act' instead of 'Bill' and I would say that his Point of Order is not ripe for your consideration or for anyone's consideration at this time as to the constitutionality of it because it is, in fact, a piece of pending legislation, which is not an Act, as defined by our Rules of this House. Therefore, it is not ripe to be considered as to the constitutionality under an Article of the Constitution. That is my first point."
SPEAKER WILKINS: "Do you want me to address that?"
Rep. MARTIN: "Yes sir."
SPEAKER WILKINS: "The Constitution reads every Act or Resolution and there have been cases that have interpreted what Article 3, Section 17 does and in most of those cases, as in the recent case of Keyserling vs. Beasley, which is about 30 days old now, they mentioned the word 'Bill' and they referred to 'Bills,' and I think the cases that have now interpreted the Article, constitutional provision, has certainly interpreted it to mean that it applies to 'Bills.' So, I am not pursuaded that his Point of Order is premature and that you have to wait for the Bill to be ratified and become an Act before he could bring an action on the constitutionality or have a legitimate objection on the constitutional issue."
Rep. MARTIN: "Well, let me say, not to linger the Point, but to point out to you in the cases that you have read, that they may use the word 'Bill' in discussing it, but I don't think that there is a case that has ever been decided in these state courts that has decided a constitutional question concerning a pending piece of legislation. And, I don't think that the cases that you cite specifically find in Article 3, Section 17, where it states every Act or Resolution means a 'Bill,' as defined, by the Rules of the House. And the Rules of the House clearly recognize that there is a legal distinction between a Bill and an Act. And since we are not in court, and still in the legislative process, and you are his honor, in the greatest since of the word, that the House Rules also apply. The Supreme Court doesn't take into account the House Rules and the House Rules themself indicate...It leaves us in a position I think, would set a bad precedent because we would be considering the constitutionality of a pending piece of legislation before we ever passed it. And, I don't know if that has ever been done in South Carolina."
SPEAKER WILKINS: "Well, if you look at Mason's on Page 37, sources of rules and procedures, and they list them in order of priority and the first priority is constitutional provisions, then they have a paragraph that states, judicial decisions, to the extent that they are an interpretation of rules are given the same priority as the constitutional provisions. There is also precedent that constitutional provisions take precedent over the rules of legislative bodies. I am not sustaining Mr. Quinn's Point of Order, I am just saying that your distinction of Act and Bill is not pursuasive. Furthermore, there are numerous House precedents where previous Speakers have ruled upon Points of Order based upon constitutional provisions."
Rep. MARTIN: "I understand that, but I would ask you to consider as I go on, that the cases that you have cited have not, as I understand them, gone to interpret the Rules of the House, but nevertheless, if we talk about the fact that we ought to be in court, determining the constitutionality of it, then we have got to be guided by some extent by the cases that have been handed down by the court, then, I would suggest to you that again, the Point of Order raised by Mr. Quinn should be denied. Obviously, there are numerous cases that deal with the issue, but I think the one that is most pertinent to us now is the Dantzler case, which I am sure you have with you, I don't have the information."
SPEAKER WILKINS: "It is 94 S.E. 2nd 117."
Rep. MARTIN: "That's it. It has to do with once the, the manner in which the courts should interpret clauses of the Constitution and the general purpose for why they would interpret the way they do. I think that is very appropriate for what we are doing here. It states that the number one reason is the purpose of the section and it refers to Article 3, Section 17, is to prevent deception of the public and to prevent a search of the matter not germane to the general subject. Obviously, that is not a problem here, because Mr. Quinn knows exactly what the general subject of the legislation is, even though the title has not been conformed by the clerks or the scrivener's over in the Senate, as it was passed by the Senate. So, nobody in this Body, including Mr. Quinn, is being deceived in any way by the legislation that we are about to take up. What they are attempting to do is to raise this technical point to prevent an open debate and vote on the legislation itself, and it then goes, to state further, that this section is to be construed with great liberality, as it relates to the constitution and to the laws passed by it. And, if we are taking the approach that we are determining the constitutionality of it, then I would think that if you were to construe that section with great liberality, then you would have to deny Mr. Quinn's Point of Order. It states further, that the requirement should not be enforced in any narrow or technical spirit, and I think, obviously that the court stated in that case, that the plantiff certainly knew the purpose of the Act. I think in this instance that Mr. Quinn, in raising the Point of Order, certainly knows the purpose of the Act, the wording of the Act and that you should deny the Point of Order based if for no other reason, on the fact that the courts have told you. And, as you say, that you have to be guided by what they have told you, you should construe it with great liberality, and I would hope that you would do that?"
SPEAKER WILKINS: "Anyone else?"
Rep. QUINN: "I don't want to linger on every Point that has been made and there seems to be a lot of them brought up against it. First of all, the public notice issue, I think they are not talking about me. We often think of ourselves as important up here, but I think that this Article is really more for the protection of the public, and I think, if someone were to come up here, and not know what the Bill was or where it was, and wasn't a member of the Body, then they would have no idea of where it is. In several court cases, they have ruled that the purpose of this is to give an opportunity for the public to be heard as well. But, I would say that is not really your place, Mr. Speaker. We can't judge issues of about who has heard about it or not. You have to stick to the Consitution, I think, and I think that in terms of the arguments here, the only thing that they really said is that they kind of bring up the germaneness issue. I think Mr. Felder did earlier. That is really not the point of the Article. The Article says that it can only relate to one subject matter and I have several court cases, and I know you have them, too, that say that basically, if the title is broader than the body of the Bill, we are o.k. But, if the body of the Bill is broader than the title, then we are in trouble. That is what has happened here, Mr. Speaker. In terms of your ruling here, the dangerous precedent really relates to allowing vehicles just to be struck and sent over here without any real careful consideration. And, that is what is going to happen. We are going to start having appropriations bills that are crafted in the Senate."
SPEAKER WILKINS: "I don't think my ruling is going to affect that. If my ruling is that you are correct in your Point of Order, then in the next Bill that they want to change, they will simply amend the title. It won't procedurally change anything. They will continue to amend our Bills and simply strike the titles and amend to conform, and we will have the same thing to deal with. So, I don't think, long term, my ruling will have any effect on the procedure. We will just have to change that if we change the House Rules and what we can take up after we receive it from the Senate. We might want to consider that next year."
Rep. QUINN: "And that maybe, but in terms of this, there is no doubt. If you look at the title, it is somewhat ironic."
SPEAKER WILKINS: "Don't you think the title in this case is broader than the body?"
Rep. QUINN: "Absolutely not."
SPEAKER WILKINS: "You don't?"
Rep. QUINN: "No sir. They very specifically hold this title to restructuring the membership of the SC Higher Education Commission. And I think, by virtue of that detail that they are destroying the ability to argue that this is of but one subject. There is nothing in this Bill that has to do with that one provision. It is almost absurd that they have to be consulted. It has no bearing on it whatsoever. I think, ultimately, when you start talking about the hospitals and the effect that the Bill has on the state facilities, then it is totally separate from the SC Higher Education Commission. Now, I think even if it was, and I think that that is more important than germaneness, not the tail of one subject in the Article."
SPEAKER WILKINS: "Anything else? Mr. Felder?"
Rep. FELDER: "Mr. Speaker, Mr. Quinn makes an excellent argument that makes my Point and I appreciate it and that is, that the title is broader than the amendment that was passed and we have ample precedent where we have received things that have passed the Senate that are exactly like this and what has happened here, Mr. Speaker I thought the argument was being made more towards germaneness, but if germaneness isn't a question, which he concedes it isn't, then he can't argue public notice, because we have adjourned debate on this matter for two weeks so the extensive public hearing held in just a matter of, a week before it came over here. No kidding, there is no way that the public doesn't have notice. We all have had notice to the point that we know everything about it. I thought he was proceding under saying it was not germane, and if germaneness isn't the question, then he argues himself right back to the Point that it is a technical question that he has asked you to construe narrowly. If in fact, you did agree with him that his Point is correct constitutionally, then you become an arbator and a judge, a constitutional judge rather than the Speaker of the House of Representatives."
SPEAKER WILKINS: "I don't think it is my job to decide whether or not the proper notice, or the concerns expressed in the cases regarding the reasons for this Article, so that no one is blind sided. I don't think that it is my job to decide that. Obviously, if that is all you had to do, then you could take a Bill that dealt with peanuts, strike it all, create a new court system, and write everybody a letter and say here is what I did and satisfy that. So, I don't think that notice is something that I can decide, whether proper notice, although obviously, I don't think anyone is surprised by what we are talking about and everybody has known about it. The Press certainly has given it ample coverage. I think what Mr. Quinn is saying is that the title and the body of the Bill are not the same subject and therefore violate Article 3, Section 17, even though you are to liberally construe that and even though close calls go in favor of the Article being sustained. I'm getting ready to rule. I think he is saying that it is not the same subject and it violates the one subject rule in that the title of the Bill and body are so different that you can't liberally construe it to say that it is close."
Rep. FELDER: "Well, a teaching hospital is certainly an element and an institution of the Commission on Higher Education, Mr. Speaker. A teaching hospital is different from a regular hospital. I know that under disproportionate share which is an issue which has been brought up in public hearings and indigency care. A teaching hospital has greater benefits in regards to the amount of money that they can receive under disproportionate share under Higher Rules and other rules that apply to medicaid. Therefore, if this is a teaching hospital, which it has got to be, it is our teaching hospital, the Charleston area where this hospital is located has a clinic where people receive benefits and where they can come in and 70 percent of the care given in this clinic is medicaid, a public indigency health, 17 percent are UMA business from the Medical Hospital. Therefore, this is directly related to the Commission on Higher Education. It directly relates to the money and the money in the Bill. The money in the Bill for the lease goes to retire the debt and goes to these services there and that has got to make it relevent to the Commission on Higher Education and if it were not a teaching hospital, then it would be different. This is a public teaching hospital for the State of South Carolina."
Rep. SEITHEL: "First of all, as for there being a typographical error, the title was amended in the Senate, and the Bill that shows up in all of our Bill books does not indicate that the title has ever been amended. Even if it was just a mistake on behalf of the Senate, in Doyle vs. King, the Court said that even if there was a typographical error, there was nothing that they could do to go back and fix that in retropsect. It is my understanding that if a title is passed by the House and the title is passed by the Senate, then it cannot be amended to the third degree, so I don't think that there is anyway that we can fix this title."
SPEAKER WILKINS: "That issue is not before me. Whether there is a remedy for my ruling, if I rule it out of order really, is not before me and should not affect my ruling."
Rep. SEITHEL: "In Douglas vs. Watson, talking about the one subject matter, it says that after all is said and done the issue to be determined depends upon the constitutionality of the Act. In every Act or Resolution, having the force of law shall relate to but one subject and that shall be expressed in the title. It goes on further to say that the topics in the body of the Act should be kindred in nature and have a legitimate and natural association with the subject of the title. I just can't see how consulting with the Commission on Higher Education or pulling that MUSC is a teaching hospital has anything to do with the title of this Bill."
SPEAKER WILKINS: "Would you agree with me that if the Senate had struck the title and put a title more germane to the body of the Bill, it would be properly before us?"
Rep. QUINN: "I don't want to belabor this anymore, but what I really think is the Point here, and I think Mr. Felder enforces this, is that again, germaneness is not the issue. He is absolutely right. It may well be germane and maybe we could amend the title, but the Point is..."
SPEAKER WILKINS: "You can make that Point of Order."
Rep. QUINN: "I may make it if I lose this, but the Point is that the Constitution is much stronger than germaneness. Germaneness is the rule that we created in trying to comply with this Article and I think what we are talking about is much more clear than germaneness. That title deals with a differeent subject than the body of the Bill and you couldn't look at this calendar, and know what that Bill dealt with. I think it is very plain."
SPEAKER WILKINS: "Mr. Martin?"
Rep. MARTIN: "Briefly, in as much as we have apparently focused ourselves on the constitutionality of it and whether or not you are to find that the actions we take are within the confine of the Constitution."
SPEAKER WILKINS: "Well, that was his Point of Order, whether or not it violated the Constitution, Article 3, Section 17."
Rep. MARTIN: "That's right, but we have talked all around it and apparently germaneness is out of the way now, and if, in fact, you find it arises to the level through his Point of Order, I would just point out to you the cases of McCollum vs. Snipes and O'Shields vs. Caldwell indicate the law is well settled and the burden is on the persons claiming the Act to be unconstitutional to prove and show that it is unconstitutional beyond a reasonable doubt. And, I would submit to you even if they have a Point with which to argue, which I would disagree with you on, that they are straining to get to that level and certainly have not proved beyond a reasonable doubt, which is the burden with which you are required to hold them to in making your determination."
SPEAKER WILKINS: "Anyone else want to be heard on the Point of Order? I am ready to rule. I want to first thank Mr. Quinn for alerting me to the Point of Order and allowing us to do extensive research. We have reviewed the appropriate authorities and without him telling me that, I would not have had the opportunity to do that, and I certainly feel more comfortable having reviewed all of the appropriate authorities, the Supreme Court opinions, the Attorney General opinions and House precedents. The Point is that Article 3, Section 17 of the Constitution states that 'every Act or Resolution shall relate to but one subject and that shall be expressed in the title.' Article 3, Section 17 has been the subject of much litigation and therefore, much interpretation. We found two precedents, one being a 1990 ruling by the former Speaker which overruled the Point of Order on this and another 1989 ruling which sustained the Point of Order on the subject, made by then Speaker Pro Tempore. So, we found two precedents, but we were able to find numerous SC Supreme Court opinions dealing with this. The recent case of Keyserling vs. et al. Beasley et al., which was filed only a month ago on April 26, is probably the most recent interpretation of Article 3, Section 17 and contains an excellent summary of its application. As quoted from the Keyserling case, 'the purpose of Article 3, Section 17, is to prevent the General Assembly from being misled into passing bills containing provisions not indicated in their titles and to aprise the people of the subject of proposed legislation. The Court also stated that this Article is to be 'liberally construed' so as to uphold the Act if practical. Doubtful or close cases should be resolved, in favor of upholding the legislation. Further, it stated Article 3, Section 17 does not preclude the legislation from dealing with several branches on one general subject in a single act. In this situation, the Senate has taken a House Bill pertaining to the management and operation of higher education in South Carolina, deleted the House original language and inserted different language granting the Board of Trustees of the Medical University of South Carolina authority to enter into reasonable agreements, to transfer the management and operation of the Medical University to one or more private operators, which clears the way for the proposed HCA/MUSC lease. In doing this, the Senate failed to amend the Bill's title. After reading the Bill's title, and both the original version of the Bill as presented by the House, and the Senate's amended version, I have concluded that both relate to the general subject of management and operation of higher education in South Carolina. Although the Senate passed measure deals with the specific operation and management of the Medical University of South Carolina, the Bill's title, in my opinion, entails a broader concept of management and operation in higher education. The South Carolina Supreme Court in Doyle vs. King stated that a Bill's title may be broader than the Bill itself as long as it relates to the same scope and purpose. It is also important to note that the stated purpose of Article 3, Section 17, is to prevent fraud and suprise on the legislature and the public. I don't believe that you can claim that surprised. We have had numerous public hearings, press coverage has been extensive and legislators have been openly and publicly debating the substance of this Bill. I therefore, believe that the Bill, not only technically complies with Article 3, Section 17, but I also believe that the spirit and purpose of Article 3, Section 17 has not been violated. Again, the cases are very clear as cited in the Carll case, the purpose is to aprise the members of the General Assembly, prevent legislative logrolling and inform the people of the State of matters that we as a General Assembly concerns itself with. So, I don't think that the spirit of Article 3, Section 17 has been violated. Everyone certainly knows what this Bill, as amended, now deals with. For the foregoing reason, Mr. Quinn, I overrule the Point of Order."
Rep. QUINN: "Mr. Speaker, Representative Felder brought up another Point on his argument on this issue when he began to discuss the appropriations involved in the lease and what the financial issues involved in the lease are and under Rule 4.4 and 5.1, if a Bill deals with an appropriation, if it appropriates funds, it must be considered by the Ways and Means Committee under Rule 4.4. Under Rule 5.1, they have got to approve it under certain circumstances, and it even goes on further to reinforce Rule 4.4. Mr. Felder, himself, brought up the Point which deals with funding issues and I think if you look at just one example of it, on Page 8 of the Bill, the proceeds of the lease and from the sale of these assets must be used for the retirement of outstanding indebtedness and other revenues and payments received from it in connection with it from this lease. And it must be dedicated solely for the use of the Medical University and the operation of the Board of Trustees. That appropriates money, it lays out the way to raise revenue and it tells you how to spend it and I think, under Rule 4.4, this Bill should go to the Ways and Means Committee."
SPEAKER WILKINS: "Anyone want to be heard on that Point of Order? Mr. Felder."
Rep. FELDER: "Mr. Speaker, first of all under Rule 4.4, the language that Mr. Quinn refers to says directly appropriating money and no where in this Bill does it say direct appropriation of money. A direct appropriation is a proactive act by something or somebody, a principality of the government. Second of all, if you cannot refer this Bill to a commitee because there aren't but three actions that can be taken on the amendment and that is to concur, non-concur, or to amend."
SPEAKER WILKINS: "You don't think we can table it?"
Rep. FELDER: "Yes, we could table it."
SPEAKER WILKINS: "Can we continue it?"
Rep. FELDER: "We could continue it."
SPEAKER WILKINS: "Could we adjourn debate on it?"
Rep. FELDER: "Yes sir."
SPEAKER WILKINS: "But we can't send it back to a committee?"
Rep. FELDER: "No sir, because..."
SPEAKER WILKINS: "If you can do all of those things, then why can't you send it back to committee?"
Rep. FELDER: "Because, Mr. Speaker, concurrence or continuance or tabling is a termination, which is a higher motion under rules of parliamentary procedure. But, in effect, sending it to a committee is trying to do indirectly what cannot be done directly and that is to send it to a committee for delay purposes or for some purposes or other, procedurally. The only procedural things that can happen to a Bill, certainly we can kill it, but really there is a special section that says that when you put on a Senate amendment, the Point is that we can concur. We can non-concur. If you send it to a committee, then you thwart the will of the House to concur or non-concur. We can amend it and it would immediately leave and go back to the Senate. If the committee gets it, they could amend it and it would have to go back to the House."
Rep. QUINN: "I think you have several Points where we have committed a Bill to a committee and this is the same type motion as the committee before and I think, that the problem that exist here in the rule is that they even go so far to say in what instances it is allowed in when it talks about perdiem. I think clearly, first of all, my whole point to this, is that we didn't have public hearings offered. If we did have public hearings on this, I would appreciate it if Mr. Felder wouldn't remark as to my purpose for my Points of Order. This appropriates money, he even said it himself. It raises money we don't have. It tells us how to spend it. It ought to be considered by the Ways and Means Committee under Rule 4.4."
SPEAKER WILKINS: "Again, unlike the first ruling, there are plenty or precedents on this, and I am ready to rule unless someone else wants to be heard. Again, Mr. Quinn was kind enough to share his thoughts with me and allowed us to do some research and there are several prior precedents. The best explanation was provided by Speaker Sol Blatt in 1973 on this particular Point about a Bill that appropriated money and being sent to Ways and Means. It was a House Bill that had gone to the Senate and the Senate amended it. It was appropriations and it came back and the motion was made under Rule 4.4 and Rule 5.1 that therefore, it should go to Ways and Means before the House considered the Senate amendments. He ruled that Rule 4.4 and 5.1 only applied to Bills generating or appropriating revenue orginating in the House. The Rule doesn't say that if a Bill comes back from the Senate, which has been amended and added money, that it must go to Ways and Means. So, he and other precedents have interpreted Rule 4.4 as being Bills that originated in the House. Rex Carter made the same ruling in 1974 and Speaker Pro Tempore Arants in 1975. Based on these specific precedents directly on Point, overrule the Point of Order."
Rep. QUINN: "I have one more here. The fiscal impact statement. I think it is Rule 5.2? I am just raising the Point that this Bill doesn't have a fiscal impact where this Bill clearly has fiscal impact."
SPEAKER WILKINS: "Rule 5.13?"
Rep. QUINN: "Yes sir."
SPEAKER WILKINS: "Each Bill affecting expenditures of money by the State shall prior to receiving second reading have attached to it...basically the fiscal impact statement?"
Rep. QUINN: "Obviously, we are dealing with a great deal of money that the State expends when we hand some of these dollars over to the corporation involved."
SPEAKER WILKINS: "But, that also speaks to a Bill going to a committee and the committee, there is another rule in here that requires a committee to make sure the fiscal impact statement is attached to it when it comes out of committee and it says prior to second reading and you have got a whole different animal when you have got a Bill coming over for concurrence. So, I don't think that rule applies. I overrule that Point of Order."
Rep. SEITHEL: "Mr. Speaker, I would like to ask you to reconsider the first Point of Order. I think that in part of your statement that you made that you did not feel like any kind of logrolling attempt had been made on this Body. However, I feel..."
SPEAKER WILKINS: "No, I didn't say that. I said that that was one of the purposes as defined in the various cases. One of the purposes of Article 3, Section 17 was to prevent logrolling. Also, to prevent us being ambushed, legislation by ambush, not knowing what is in a Bill. And, also to generally inform the public. Those have been stated in the cases. I was just citing the cases when I said that."
Rep. SEITHEL: "I would just like to say that because the Senate took the opportunity to amend a House version of the Bill, that the Body now does not have the opportunity to have the public hearings that the Senate had and to take the time to look through these contracts and to make sure that these lease agreements are in the best interest of the Medical University of South Carolina. If they had taken a Senate bill, which they did have time to do, after the Attorney General made his ruling, they could have started with an original bill, they could have gone through their committee process, sent it to us, we could have gone through our committee process, then we would not be sitting here arguing about all of this here today."
SPEAKER WILKINS: "Well, I agree with you. I think that those are very valid points that go to the merits of the Bill and the merits of what action this Body ought to take on the Bill, but I don't think it goes with the Point of Order. Obviously, if they had taken a Senate bill, and we could have given it three readings over here, but in often cases and like we have found recently in the last two weeks, they opted to take a House Bill and amend it. We did that last Thursday on the Speed Limit Bill and so, maybe both bodies should look at some Joint Rules to prevent that. But, I think it is a valid procedure, and while, I am sympathetic to your argument, I don't think it is pursuasive to the Point of Order Mr. Quinn raised."
Rep. QUINN spoke against the Senate amendments.
Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Senate amendments.
Rep. J. BROWN moved to reconsider the vote whereby debate was adjourned on S. 1147 until Tuesday, May 28, and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 5036 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION TO HONOR THE HONORABLE CEBRON DANIEL "C.D." CHAMBLEE OF ANDERSON FOR HIS TRULY OUTSTANDING SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THE ANNOUNCEMENT OF HIS RETIREMENT.
H. 5037 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JOHN W. TUCKER, JR., OF ANDERSON COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS TWELVE YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA.
H. 5038 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DECISION OF THE HONORABLE PATRICK BRADLEY HARRIS OF ANDERSON COUNTY NOT TO OFFER FOR REELECTION AFTER TWENTY-EIGHT YEARS OF CONTINUOUS SERVICE IN THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS ON THE OCCASION OF HIS RETIREMENT.
H. 5040 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE HIS EXCELLENCY TENG HUI LEE, PRESIDENT OF TAIWAN, REPUBLIC OF CHINA, UPON HIS UPCOMING INAUGURATION ON MAY 20, 1996, WHICH MARKS THE FIRST INAUGURATION OF A FREELY ELECTED PRESIDENT OF TAIWAN.
H. 5042 -- Rep. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING JAMES WILLIAM MCNEILL III OF AIKEN COUNTY FOR BEING CHOSEN THE 1995-96 TEACHER OF THE YEAR.
H. 5044 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION COMMENDING JANE DAVIS GRIFFIN, DIRECTOR OF THE LEXINGTON COUNTY PUBLIC LIBRARY SYSTEM, FOR HER MANY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF LEXINGTON COUNTY AND WISHING HER MUCH HAPPINESS FOLLOWING HER RETIREMENT.
H. 5047 -- Reps. Robinson, Trotter and Rice: A CONCURRENT RESOLUTION TO THANK THE HONORABLE CLAUDE VANCE MARCHBANKS FOR HIS LEADERSHIP, DEDICATED SERVICE, AND HIS UNWAVERING COMMITMENT TO THE GENERAL ASSEMBLY AND TO EXTEND BEST WISHES IN ALL HIS FUTURE ENDEAVORS.
H. 5048 -- Reps. J. Brown and Scott: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIE M. MCLAUGHLIN FOR BEING ELECTED AS THE FIRST AFRICAN-AMERICAN SOUTH CAROLINA DEPARTMENT COMMANDER OF THE AMERICAN LEGION AND TO EXTEND BEST WISHES FOR MUCH CONTINUED SUCCESS IN HIS FUTURE ENDEAVORS.
H. 5049 -- Reps. J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. WILLIAM LARK FOR BEING ELECTED THE FIRST AFRICAN-AMERICAN STATE COMMANDER OF THE VETERANS OF FOREIGN WARS FOR THE STATE OF SOUTH CAROLINA AND TO ACKNOWLEDGE HIS OTHER OUTSTANDING ACHIEVEMENTS.
H. 5050 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING ELECTRIC CITY PRINTING COMPANY OF ANDERSON ON BEING AWARDED THE CONTRACTS TO PRINT COMPETITION NUMBERS FOR THE 1996 OLYMPICS AND FOR THE 1996 ATLANTA PARALYMPIC GAMES.
At 5:50 P.M. the House in accordance with the motion of Rep. CROMER adjourned in memory of Juanita Garner of Columbia, to meet at 10:00 A.M. tomorrow.
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