Printed Page 320, Jan. 25
| Printed Page 340, Jan. 25
|
Printed Page 320, Jan. 25
| Printed Page 340, Jan. 25
| The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4496 -- Reps. Stuart, Vaughn, Fleming, Seithel, Limbaugh, Simrill, Rice, Sandifer, Whatley, Walker, Cotty, Sheheen, Cromer, Neilson, Wilkes, Hutson, Shissias, Klauber, Stille, Harrison, Wells, S. Whipper, Littlejohn, Thomas, Allison, Wilkins, J. Young and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-23 SO AS TO PROVIDE THAT THE ANNUAL COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY SHALL BE PAID IN FIVE EQUAL MONTHLY INSTALLMENTS, TO PROVIDE THAT ANY PERSON ELECTED TO THE GENERAL ASSEMBLY TO FILL A VACANCY SHALL RECEIVE A PRO RATA PORTION OF SUCH COMPENSATION FOR THE TIME HE SERVES DURING THAT SESSION OF THE GENERAL ASSEMBLY, AND TO PROVIDE THAT IF MORE THAN ONE PERSON REPRESENTS ANY HOUSE OR SENATE DISTRICT DURING AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, THESE PERSONS IN TOTAL MAY NOT BE COMPENSATED MORE THAN WHAT A SINGLE REPRESENTATIVE OR SENATOR FROM THAT DISTRICT WOULD HAVE RECEIVED FOR THAT SESSION.
Referred to Committee on Ways and Means.
H. 4497 -- Rep. Cato: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means.
Referred to Committee on Judiciary.
H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. SHEHEEN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The following was introduced:
H. 4499 -- Rep. Gamble: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF MR. MILTON W. (MILT) DUFFORD OF THE DEPARTMENT OF PUBLIC SAFETY UPON HIS RETIREMENT AS DIRECTOR OF THE DIVISION OF MOTOR VEHICLES AND EXTENDING TO HIM THEIR BEST WISHES FOR A HAPPY, HEALTHY, AND PRODUCTIVE RETIREMENT.
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 Boan Breeland Brown, G. Brown, H. Brown, J. Cain Carnell Cato
Cave Chamblee Clyburn Cobb-Hunter Cooper Cromer Dantzler Easterday Elliott Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Phillips Rhoad Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young Young-BrickellSTATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Thursday, January 25. Lewis R. Vaughn Joseph H. Neal Denny W. Neilson F.G. Delleney, Jr. Ronald N. Fleming Molly M. Spearman Curtis B. Inabinett Timothy C. Wilkes H.B. Limehouse III Theodore A. Brown Kenneth Kennedy C. Alex Harvin III Alma W. Byrd William F. Cotty Jerry N. Govan, Jr. G. Ralph Davenport, Jr.
John G. Felder Douglas Jennings, Jr. Joseph T. McElveen, Jr.
Announcement was made that Dr. Randolph Smoak of Orangeburg is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4491 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 10, 11, AND 12, 1996, MISSED BY STUDENTS OF CHEROKEE SCHOOL DISTRICT 1 IN CHEROKEE COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 1042 -- Senator Bryan: A BILL TO AMEND ACT SECTION 1(F) OF ACT 779 OF 1988, AS LAST AMENDED BY ACT 174 OF 1995, SO AS TO CHANGE THE DATE OF THE ELECTION TO ELECT A SCHOOL BOARD TRUSTEE IN ELECTION DISTRICTS 2, 4, AND 6 OF LAURENS COUNTY SCHOOL DISTRICT 55 FROM THE FIRST TUESDAY IN MARCH 1996, TO THE FIRST TUESDAY IN MARCH 1997.
H. 3750 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 50-17-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS AUTHORIZED FOR TRAWLING SHRIMP.
Rep. WITHERSPOON explained the Bill.
H. 4332 -- Reps. Sharpe, Sandifer and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
Rep. WITHERSPOON explained the Bill.
H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.
Rep. WITHERSPOON explained the Bill.
S. 771 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO PROVIDE THAT ALL CANDIDATES, EXCEPT FOR PETITION CANDIDATES, MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY BETWEEN THE SIXTEENTH OF MARCH AND THE THIRTIETH OF MARCH, TO PROVIDE THAT CANDIDATES SEEKING NOMINATION FOR THE OFFICE OF STATE SENATE OR THE HOUSE OF REPRESENTATIVES MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY WITH THE COUNTY EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTIES IN THEIR COUNTY OF RESIDENCE, WHICH MUST IN TURN TRANSMIT THESE STATEMENTS TO THE EXECUTIVE COMMITTEE OF THE STATE PARTY, AND TO DELETE PROVISIONS RELATING TO PETITION CANDIDATES; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT ALL CANDIDATES UNDER THIS SECTION MUST SUBMIT A NOTICE OR PLEDGE NO LATER THAN THE THIRTIETH OF MARCH; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO PROVIDE THAT CERTIFICATION OF THE NAMES OF CANDIDATES TO BE PLACED ON PRIMARY BALLOTS MUST BE MADE NOT LATER THAN TWELVE O'CLOCK NOON ON APRIL NINTH; AND TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES, SO AS TO PROVIDE THAT FILING FOR PETITION CANDIDATES MUST OPEN AT NOON ON THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS FOR A PERIOD TO CLOSE SEVEN DAYS LATER AT NOON.
Rep. CROMER explained the Bill.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4491 be read the third time tomorrow.
On motion of Rep. STODDARD, with unanimous consent, it was ordered that S. 1042 be read the third time tomorrow.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3750 be read the third time tomorrow.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4334 be read the third time tomorrow.
On motion of Rep. CROMER, with unanimous consent, it was ordered that S. 771 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH moved to recommit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.
The following Joint Resolution was taken up.
H. 3968 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RELOCATABLE CLASSROOMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765,
Rep. JASKWHICH moved to recommit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.
The following Bill was taken up.
H. 4100 -- Rep. Thomas: A BILL TO AMEND SECTION 44-55-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO COLLECT AND DISPOSE OF SOLID WASTE AND LEVY A SERVICE CHARGE FOR COLLECTION SERVICES, SO AS TO ADD THE AUTHORITY TO LEVY A SERVICE CHARGE FOR DISPOSAL OF SOLID WASTE, AND PROVIDE A PROCEDURE FOR COLLECTING A DELINQUENT SERVICE CHARGE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2164DW.96).
Amend the bill, as and if amended, SECTION 1, Section 44-55-1210 of the 1976 Code, Line 31, by striking /and/ and inserting /or/ and after /services/ by inserting /,or both/ so that when amended subsection (A) shall read:
/(A) The governing body of any county may by ordinance or resolution provide that the county shall engage in the collection and disposal of solid waste. Such This collection and disposal may be accomplished either by use of county employees and equipment or by contract with private agencies or municipalities of the county. Service charges may be levied against persons for whom collection or disposal services ,or both are provided whether such the services are performed by the county, a municipality, or a private agency./
Amend title to conform.
Rep. HERDKLOTZ explained the amendment.
Rep. HERDKLOTZ continued speaking.
Rep. ROBINSON 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.
Rep. HODGES 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.
The Agriculture, Natural Resources & Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22200AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-21-860 of the 1976 Code, as amended by Section 1269, Act 181 of 1993, is further amended to read:
(A)(B) It is unlawful for a person to operate an airboat on:
(1) the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35 50-17-30, seaward.;
(2) the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown and Horry Counties during the season for hunting waterfowl;
(B) It is unlawful to operate an airboat on(3) the waters on of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree Rivers during the season for hunting waterfowl.
(C) Any A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.
(D) The provisions of this section do not apply to:
(1) the operation of airboats by the following personnel while in the performance of their official duties:
(a) law enforcement,;
(b) emergency medical,;
(c) civil defense, noxious weed control,;
(d) military personnel,;
(e) those involved in state and federally approved wildlife banding, surveying, or biological research programs,; and
(2) activity on private waters."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that S. 275 be read the third time tomorrow.
The following Bill was taken up.
H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, ALSO TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10513SD.96), which was adopted.
Amend the bill, as and if amended, by striking Section 16-3-1045 of the 1976 Code as contained in Section 1 and inserting:
/"Section 16-3-1045. (A) It is unlawful for any person at least eighteen years of age to knowingly and intentionally:
(1) use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under eighteen years of age to commit a violent crime as defined in Section 16-1-60, the crime of lynching as a result of mob violence prohibited by Article 3, Chapter 3 of this title, or the unlawful distribution of cocaine, crack cocaine, heroin, marijuana, or LSD;
(2) conspire to use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under eighteen years of age to commit a violent crime as defined in Section 16-1-60, the crime of lynching as a result of mob violence prohibited by Article 3, Chapter 3 of this title, or the unlawful distribution of cocaine, crack cocaine, heroin, marijuana, or LSD.
(B) Any person who violates subsections (A)(1) or (A)(2) is guilty of a felony and, upon conviction, must be punished by a term of imprisonment of not less than five years nor more than fifteen years. Each violation of this section constitutes a separate offense.
(C) The felonies established in this section are supplemental to and do not supersede any other provisions of law which make the conduct referred to in subsection (A) unlawful."/
Amend title to conform.
Printed Page 320, Jan. 25
| Printed Page 340, Jan. 25
|