Rep. RHOAD moved to waive Rule 5.12, which was agreed to by a division vote of 42 to 0.
Without reference.
H. 4977 -- Rep. McKay: A BILL TO RESTRICT IN FLORENCE COUNTY THE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS UNDER CERTAIN CONDITIONS AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.
Referred to Florence Delegation.
S. 778 -- Senator Thomas: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.
Referred to Committee on Judiciary.
S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.
On motion of Rep. BAXLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
On motion of Rep. SPEARMAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4340 -- Reps. Spearman, Herdklotz, J. Hines, Rice, Sharpe, Cain, Riser, Seithel, Gamble, Meacham and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.
Rep. KELLEY objected.
Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 4050 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. RHOAD asked unanimous consent to recall H. 4763 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WITHERSPOON objected.
Rep. ANDERSON asked unanimous consent to recall S. 1334 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. HOWARD asked unanimous consent to recall S. 947 from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
Rep. SCOTT asked unanimous consent to recall H. 4658 from the Committee on Judiciary.
Rep. LIMBAUGH objected.
Rep. LOFTIS asked unanimous consent to recall H. 4632 from the Committee on Education and Public Works.
Rep. MOODY-LAWRENCE objected.
The motion period was dispensed with on motion of Rep. TOWNSEND.
The following Joint Resolution was taken up.
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Rep. S. WHIPPER proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5879DW.96), which was tabled.
Amend the joint resolution, as and if amended, page 1, line 29, by striking /either/ and /, or/ and on line 30, by striking /granting preferential treatment to/.
Amend further, page 2, line 28, by striking /either/ and /, or/ and on line 29, by striking /granting preferential treatment to,/.
Amend title to conform.
Rep. S. WHIPPER explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. L. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Boan Brown, H. Cain Carnell
Cato Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fulmer Gamble Hallman Harris, J. Harrison Haskins Herdklotz Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Clyburn Cobb-Hunter Govan Harvin Hines, J. Hodges Howard Inabinett Jennings Lee Lloyd McAbee McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Scott Waldrop Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
The SPEAKER granted Rep. HODGES a leave of absence for the remainder of the day to attend to business matters in Lancaster.
Rep. S. WHIPPER proposed the following Amendment No. 4 (Doc Name P:\amend\JIC\5878DW.96), which was tabled.
Amend the joint resolution, as and if amended, page 1, by striking subsection (D), as contained in Section 16, Article XVII of the Constitution of this State, lines 37 through 41, and on page 2, by striking lines 1 and 2.
Amend title to conform.
Rep. S. WHIPPER explained the amendment.
Rep. LIMBAUGH spoke against the amendment and moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, G. Brown, H. Cain Cato Cotty Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Kirsh Knotts Koon Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McCraw McKay McTeer Meacham Quinn Rice Richardson Riser Sandifer Seithel Sheheen Simrill Smith, D. Smith, R. Spearman Stille Thomas Tripp
Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines, J. Howard Inabinett Jennings Lee Lloyd McAbee McMahand Neal Neilson Rhoad Scott Sharpe Shissias Stuart Whipper, L. Whipper, S. White Wilder
So, the amendment was tabled.
Rep. S. WHIPPER proposed the following Amendment No. 5 (Doc Name P:\amend\JIC\5877DW.96).
Amend the joint resolution, as and if amended, page 2, line 19, by inserting:
/(I) (1) Nothing in this section shall be interpreted or construed as prohibiting or restricting the ability of this State or any of its agencies, or divisions, or political subdivisions from developing remedies or programs or measures to alleviate unfair treatment of any individual as a result of their national origin, sex, religion, race, or ethnicity.
(2) The determination of unfairness shall be made by the Governor's Commission on Race Relations, the agency, division, or political subdivision involved, and those state agencies authorized to monitor and investigate issues of discrimination./
Amend title to conform.
Rep. S. WHIPPER explained the amendment.
Rep. J. BROWN moved to continue the Bill.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Govan Harvin Hines, J. Inabinett Jennings Kinon Lee Lloyd Martin McAbee McMahand McTeer Scott White Wilkes
Those who voted in the negative are:
Allison Bailey Boan Brown, H. Cain Carnell Cato Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Howard Hutson Jaskwhich Keegan Keyserling Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham Neal Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen
Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
So, the House refused to continue the Bill.
The question then recurred to the motion to adjourn debate until Thursday, April 25, which was agreed to.
Rep. SCOTT moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Cave Cobb-Hunter Howard Lee Martin McTeer Scott White
Those who voted in the negative are:
Allison Baxley Boan Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cooper Cotty Cromer Dantzler Davenport Easterday Gamble Hallman Harrell Harris, J. Harvin Herdklotz Keegan Kelley Keyserling
Kinon Kirsh Knotts Koon Lanford Law Limbaugh Loftis Marchbanks Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Wofford Wright Young-Brickell
So, the House refused to adjourn.
The following Bill was taken up.
H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
Reps. HARRISON proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22740SD.96), which was ruled out of order.
Amend the bill, as and if amended, by striking Section 58-17-4096 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 58-17-4096. A rail carrier shall have no liability for injury to or death of any person who enters onto a railroad track without authority unless that person's injury or death is caused by a train operated in a manner inconsistent with state or federal law. For the purposes of this section, a person shall be deemed to have authority to enter onto a railroad track if that person is a railroad employee or public official or if that
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Rep. BAXLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER overruled the Point of Order.
Rep. BAXLEY raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. SIMRILL moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.