Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God Heavenly Father, before the perfect altar of Your concern and compassion, we come in our need of Your help, wisdom and strength. Give to us a right perception to use each hour of this day aright. Forbid that any of us should stain the possibilities of this day or dim its potentials by any deed or decision less than the best. Undergird with Your continual presence these servants of State as they face difficult and demanding problems. Upon all who sail the ship of State, may Your benediction be and abide.
Cause us, then, to move forward in the Name of Him Who is "our Refuge and Strength." Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. VAUGHN moved that when the House adjourns, it adjourn in memory of Lewis Davis of Greer, which was agreed to.
The following were received and referred to the appropriate committee for consideration.
Document No. 2112
Promulgated By Clemson University - State Crop Pest Commission
Statutory Authority: 1976 Code Sections 46-9-40, -50, -60
Imported Fire Ant Quarantine
Received By Speaker February 11, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 11, 1997
(Subject to Sine Die Revision)
Document No. 2113
Promulgated By Clemson University - State Crop Pest Commission
Statutory Authority: 1976 Code Sections 46-9-40, -50, -60
Tobacco Plant Certification
Received By Speaker February 11, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 11, 1997
(Subject to Sine Die Revision)
Document No. 2105
Promulgated By Clemson University - State Crop Pest Commission
Statutory Authority: 1976 Code Sections 46-9-40, -50, -60
Boll Weevil Eradication
Received By Speaker February 11, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 11, 1997
(Subject to Sine Die Revision)
The following was received.
Document No. 2062
Promulgated By Department of Labor, Licensing and Regulation - Office of the State Fire Marshal
Statutory Authority: 1976 Code Section 39-43-60
National Fire Protection Association Pamphlet No. 58
Received By Speaker October 31, 1996
Referred to House Committee on Labor, Commerce and Industry
Revised Expiration Date June 1, 1997
Withdrawal by House Labor, Commerce and Industry Committee January 23, 1997
Withdrawn and Resubmitted February 11, 1997
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3239 -- Reps. Walker, Littlejohn, Sharpe, Hawkins, Haskins, D. Smith, Allison, Davenport, Gamble, Cato, McCraw, Townsend and Wilkins: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 69 SO AS TO ENACT THE "SOUTH CAROLINA MOLD LIEN AND RETENTION ACT", AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3101 -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3139 -- Reps. Wilkins, Meacham, Knotts and Robinson: A BILL TO AMEND SECTION 20-7-766, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; AND TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3240 -- Reps. Spearman, Wilkins, Beck, Edge, Altman, Bauer, Barfield, Barrett, Knotts, Rice, Harrell, Young-Brickell, Meacham, Limehouse, Klauber, Young, Sandifer, Mullen, Stuart, McCraw, Harrison, Mason, Allison, Davenport, Townsend, Martin, Kelley, Riser, Witherspoon, Hawkins, Keegan, Campsen, Rodgers, Chellis and Seithel: A BILL TO ENACT "THE SOUTH CAROLINA SCHOOL SAFETY ACT OF 1997" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO PROVIDE THAT IF A STUDENT COMMITS AN ASSAULT AND BATTERY THAT IS NOT AGGRAVATED ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANY PERSON AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY, THE STUDENT IS GUILTY OF THE CRIME OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO JUVENILE DETENTION PROCEDURES, SO AS TO AUTHORIZE A CHILD TO BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY IF THE CHILD COMMITS AN ASSAULT AND BATTERY OF ANY KIND ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANYONE AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY; TO AMEND SECTION 22-3-560, RELATING TO A MAGISTRATE'S AUTHORITY TO PUNISH ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE AND EXCEPTIONS THERETO, SO AS TO PROVIDE THAT AN ASSAULT AND BATTERY ON SCHOOL PERSONNEL SHALL BE PUNISHED AS PROVIDED IN SECTION 16-3-612; TO ADD SECTION 59-63-370 SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO NOTIFY CERTAIN SCHOOL ADMINISTRATORS AND TEACHERS OF A STUDENT'S CONVICTION OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL OR OF ANY VIOLENT CRIME; TO ADD SECTION 59-63-380 SO AS TO GRANT CIVIL AND CRIMINAL IMMUNITY TO PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY MAKING A REPORT OF A SCHOOL-RELATED CRIME IN GOOD FAITH; AND TO ADD SECTION 59-63-390 SO AS TO REQUIRE THE SENIOR ADMINISTRATOR OF EACH SCHOOL TO INCLUDE A SUMMARY OF THE SCHOOL CRIME REPORT ACT AND THE PROVISIONS OF SECTION 16-3-612 IN THE SCHOOL'S STUDENT HANDBOOK EACH YEAR.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3281 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES; AND TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3282 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A BILL RATIFYING AN AMENDMENT TO SECTION 4, ARTICLE II 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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 199 -- Senators Holland, Courson and Giese: A CONCURRENT RESOLUTION TO EXTEND UNTIL MAY 1, 1997, THE TIME IN WHICH THE STUDY COMMITTEE ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE MAGISTERIAL SYSTEM IN SOUTH CAROLINA HAS TO PRESENT ITS REPORT TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3184 -- Rep. Davenport: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS AND REQUIRE ONE HUNDRED TWENTY HOURS OF COMMUNITY SERVICE WHERE THE OFFENSE IS A MISDEMEANOR.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3145 -- Reps. Inabinett, Cromer, Vaughn, Sharpe, Beck, Wilkes, Haskins, Lloyd, Carnell, Altman, Young, Hinson, Rodgers, Miller, Campsen, Breeland, Webb, Bauer, R. Smith, Stuart and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-15 SO AS TO PROVIDE THAT THE TEACHING OF EBONICS, OTHERWISE REFERRED TO AS "BLACK ENGLISH", IS PROHIBITED IN THE PUBLIC ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE, AND IN THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, INCLUDING TECHNICAL COLLEGES; AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE CONSTRUED AS INFRINGING UPON THE AUTHORITY OF SCHOOLS TO INSTRUCT STUDENTS IN BLACK HISTORY AS PERMITTED BY LAW.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3161 -- Reps. Townsend, Cooper, Walker and Haskins: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S PERMIT, SO AS TO PROVIDE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO REQUIRE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 349 -- Senators Wilson, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Williams: A CONCURRENT RESOLUTION COMMENDING AND RECOGNIZING MRS. PATRICIA MOORER KIRKLAND OF LEXINGTON COUNTY, UPON HER RETIREMENT AS LEGISLATIVE NURSE FOR THE GENERAL ASSEMBLY, FOR HER YEARS OF EXEMPLARY SERVICE TO THE GENERAL ASSEMBLY, TO HER STATE, AND TO HER COMMUNITY.
Whereas, Mrs. Patricia Moorer Kirkland of Lexington County has served as a Legislative Nurse for the General Assembly of South Carolina for sixteen years and in an exemplary manner; and
Whereas, she is a lifelong South Carolinian who graduated from St. Andrews High School in Charleston, became a Registered Nurse after completing a nursing program at South Carolina Baptist Hospital, now Baptist Medical Center, and received her Bachelor of Science in Nursing from the University of South Carolina Nursing School; and
Whereas, she has spent her life in service to her community and State as a member of the Board of the South Carolina Baptist Hospital Nurses Alumnus; a member of the Garden Club and the Bridge Club; and as a volunteer for fundraising drives for the March of Dimes, the American Heart Association, and the American Cancer Association; and
Whereas, Mrs. Kirkland has been an active volunteer for the AAA Swimming Program and served as homeroom mother, substitute teacher, and member of the Parent Teacher Organization during the years her four children attended Seven Oaks Elementary School, Irmo Middle School, and Irmo High School. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly commend and recognize Mrs. Patricia Moorer Kirkland of Lexington County, Legislative Nurse for the General Assembly, for her years of service to the General Assembly, to her State, and to her community, and wish her well upon her retirement.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Patricia Moorer Kirkland.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3441 -- Reps. Knotts, Bauer, Gamble, Koon, Riser, Spearman, Stuart, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DETECTIVE BILLY ALLEN AND DETECTIVE DAVID GRICE OF THE LEXINGTON COUNTY SHERIFF'S OFFICE FOR THEIR OUTSTANDING WORK IN THE ST. JOHN BAPTIST CHURCH INVESTIGATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3425 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL APPRENTICESHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1983, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3426 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AUDIOVISUAL LIBRARY SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1998, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3427 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INSTRUCTIONAL PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3428 -- Rep. Klauber: A BILL TO AMEND SECTION 50-21-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BE IN POSSESSION OF A PERSONAL WATERCRAFT OR PROPCRAFT UPON THE WATERS OF THIS STATE AFTER SUNSET OR BEFORE SUNRISE UNLESS THE WATERCRAFT OR PROPCRAFT IS TIED TO A DOCK OR OTHERWISE SECURELY MOORED, TO OPERATE A PERSONAL WATERCRAFT, SPECIALTY PROPCRAFT, OR VESSEL WHILE UPON THE WATERS OF THIS STATE IN A MANNER THAT UNREASONABLY OR UNNECESSARILY ENDANGERS LIFE, LIMB, OR PROPERTY OR WHEN UNREASONABLY CLOSE TO A MOORED OR AN ANCHORED VESSEL, WHARF, DOCK, BULKHEAD, PIER, OR A PERSON IN THE WATER, OR WITHIN ONE HUNDRED YARDS OF THE ATLANTIC OCEAN COASTLINE, AND TO OPERATE WHILE UPON THE WATERS OF THIS STATE A PERSONAL WATERCRAFT, SPECIALTY PROPCRAFT, OR VESSEL IN A MANNER SO AS TO LEAVE THE WATER COMPLETELY WHILE CROSSING THE WAKE OF ANOTHER VESSEL WHEN UNREASONABLY OR UNNECESSARILY CLOSE TO THE VESSEL CREATING THE WAKE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3429 -- Reps. Fleming, Knotts, Neal, Govan, Simrill, Canty, Lloyd, Littlejohn, Stuart, Moody-Lawrence, Meacham, Scott, Whipper, Jordan and Tripp: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT AS TO THE STATE GRAND JURY, AND SECTION 14-7-1630, AS AMENDED, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO PROVIDE FOR EXPANDED JURISDICTION OF THE STATE GRAND JURY TO INCLUDE CRIMES INVOLVING ENVIRONMENTAL AND STATE INCOME TAX LAWS AND INSURANCE FRAUD.
Referred to Committee on Judiciary.
H. 3430 -- Reps. Mason, Stoddard, R. Smith and Harvin: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY, AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE.
Referred to Committee on Judiciary.
H. 3431 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3432 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO BUS CONDUCT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2001, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3433 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3434 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3435 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INTERSCHOLASTIC ATHLETICS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3436 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEXTBOOK SELECTION AND ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3437 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ENSURE THAT SCHOOL DISTRICTS RECRUIT AND HIRE PERSONNEL FOR EIA IMPLEMENTATION ON THE BASIS OF MERIT AND QUALIFICATIONS; TO ENSURE FAIR AND EQUAL TREATMENT FOR MINORITIES; AND CORRECTIVE ACTION FOR NON-COMPLIANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2005, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3438 -- Reps. Fleming, Askins, Seithel, Mason, McCraw, Simrill, Limehouse, Bailey, Bauer, Robinson, Lloyd, Keegan, Stille, Scott, Riser, Stuart, Young, Cato, Altman, Littlejohn, Maddox, Kirsh, Mullen, Tripp, Phillips and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 17 SO AS TO PROVIDE PROCEDURES TO CONDUCT WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS.
Referred to Committee on Judiciary.
H. 3439 -- Reps. Mason, Hawkins, Stoddard, R. Smith, Rodgers, Kirsh and Harvin: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.
Referred to Committee on Labor, Commerce and Industry.
H. 3440 -- Rep. Hinson: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES, SO AS TO PROVIDE THAT A STUDENT WHO HAS NOT PASSED AT LEAST FOUR ACADEMIC COURSES MAY PARTICIPATE IN AN INTERSCHOLASTIC ACTIVITY IF THE STUDENT NEEDS FEWER THAN FOUR UNITS TO RECEIVE A HIGH SCHOOL DIPLOMA AND THE STUDENT HAS PASSED ALL OF THE ACADEMIC COURSES WHICH HE HAS TAKEN DURING THE APPLICABLE SEMESTER.
Referred to Committee on Education and Public Works.
S. 60 -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Referred to Committee on Judiciary.
S. 77 -- Senators Holland and Giese: A BILL TO AMEND SECTION 22-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING A CLAIM AND COUNTERCLAIM FROM MAGISTRATES COURT TO THE COURT OF COMMON PLEAS IF A SUCCESSFUL COUNTERCLAIM WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, SO AS TO INCREASE TO FIVE THOUSAND DOLLARS THE AMOUNT OF A COUNTERCLAIM WHICH MAY BE FILED IN MAGISTRATES COURT.
Referred to Committee on Judiciary.
S. 87 -- Senator Holland: A BILL TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO EXPAND THE POSSIBLE PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO INCLUDE A SENTENCE OF NINETY DAYS TO SIX MONTHS HOUSE ARREST, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.
Referred to Committee on Judiciary.
S. 88 -- Senator Holland: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT.
Referred to Committee on Judiciary.
S. 324 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 236 -- Senators McConnell, Passailaigue and Giese: A BILL TO AMEND CHAPTER 9, TITLE 6, 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; BY 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.
Referred to Committee on Labor, Commerce and Industry.
S. 338 -- Senator Setzler: A JOINT RESOLUTION TO APPROPRIATE FOR FISCAL YEAR 1996-97 SIX MILLION SEVEN HUNDRED THOUSAND DOLLARS TO THE DEPARTMENT OF EDUCATION FROM CERTAIN 1996-97 SURPLUS GENERAL FUND REVENUES TO FUND THE BASE STUDENT COST FIGURE IN THE EDUCATION FINANCE ACT FORMULA ADJUSTED TO REFLECT THE ACTUAL NUMBER OF STUDENTS IN ORDER TO PROVIDE ONE HUNDRED PERCENT OF FULL IMPLEMENTATION OF THE EDUCATION FINANCE ACT.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cromer Davenport Delleney Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neilson Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, February 12.
Bill Cotty John G. Felder Joseph H. Neal James H. Hodges Richard M. Quinn, Jr. Gilda Cobb-Hunter Daniel T. Cooper George H. Bailey Thomas M. Dantzler Michael E. Easterday James H. Harrison
SPECIAL PRESENTATION
Rep. YOUNG and the Sumter Delegation presented to the House the Wilson Hall Girls Cross Country Track Team, 1996 SCISA State Champions, their coaches and other school officials.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3119 -- Rep. Klauber: A BILL TO AMEND SECTION 8-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES IN THE NATIONAL GUARD OR RESERVE MILITARY FORCES, SO AS TO PROVIDE THAT THE TERMS "WORK DAY" AND "DAY" IN REGARD TO THESE LEAVES OF ABSENCE CONSIST OF A SPECIFIED NUMBER OF HOURS.
H. 3253 -- Reps. Klauber and Hawkins: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD TO ACTIVE DUTY, SUBJECT TO CONSENT AND AVAILABLE FUNDING.
H. 3371 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SCHOOL SUPERINTENDENT QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1937, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3372 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DISTRIBUTION OF LUNCHROOM DUTY TIME FOR TEACHERS, GRADES 1-6, DESIGNATED AS REGULATION DOCUMENT NUMBER 1949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3373 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCELERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3374 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SCHOOL ADMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1974, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3375 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROPRIETARY SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1979, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3376 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3377 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1987, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3393 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADVISORY COUNCIL (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1982, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3394 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL GRANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1986, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3160 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY.
Reps. ROBINSON and KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4075CM.97).
Amend the bill, as and if amended, Section 50-11-745, SECTION 1, by adding an appropriately lettered subsection to read:
/( ) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department with:
(1) proof of ownership or a lienholder interest in the confiscated property;
(2) certification that he will not release the property to a person who has been convicted of, pled guilty to, or pled nolo contendere to a department rule or regulation. /
Amend further, Section 50-13-1199, SECTION 2, by adding an appropriately lettered subsection to read:
/( ) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department with:
(1) proof of ownership or a lienholder interest in the confiscated property;
(2) certification that he will not release the property to a person who has been convicted of, pled guilty to, or pled nolo contendere to a department rule or regulation. /
Reletter subsections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment and moved to adjourn debate upon the Bill until Thursday, February 13, which was adopted.
The following Bill was taken up.
H. 3086 -- Reps. Davenport, Cotty, Walker, Altman, Whatley, Sandifer, Vaughn, Wilkes, Stuart, Harrell, Riser, Gamble and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROVIDE THAT THERE IS NO LIABILITY FOR DAMAGES OR INJURY SUSTAINED BY A PERSON WHO HAS COMMITTED A FELONY WHEN THE PERSON IS INJURED OR DIES FROM INJURIES SUSTAINED WHILE COMMITTING THE CRIME.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7038AC.97), which was adopted.
AMEND THE BILL, AS AND IF AMENDED, BY DELETING ALL AFTER THE ENACTING WORDS AND INSERTING:
/SECTION 1. The 1976 Code is amended by adding:
"Section 15-3-60. (A) On or after July 1, 1997, no person, his estate, or his personal representative shall have a right to recover damages for a personal injury resulting from the commission of or during immediate flight from an act which is defined by any law of this State or United States to be a felony, if the conditions stipulated in this section apply.
(B)(1) If the injured person has been convicted of or plead guilty or nolo contendere to the felony or has been adjudicated delinquent as a result of the commission of the act, the court shall dismiss the action if the person who caused the injuries acted:
(a) under a reasonable belief that physical force was reasonable and appropriate to prevent injury to himself or to others, using a degree of force which he reasonably believed necessary for that purpose; and
(b) under a reasonable belief that physical force was reasonable and appropriate to prevent the commission of a felony, using a degree of force which he reasonably believed necessary for that purpose.
(2) If the injured person has not been convicted of or did not plead guilty or nolo contendere to a felony or has not been adjudicated delinquent as a result of the commission of the act, the court shall submit to the jury the issue of whether or not, by a preponderance of the evidence, the injured person committed an act which is defined by any law of this State or the United States to be a felony. The court shall dismiss the action if the court or jury determines that the injured person sustained the injury resulting from the commission of or during immediate flight from an act which is defined by any law of this State or the United States to be a felony and that the person who caused the injury acted:
(a) under a reasonable belief that physical force was reasonable and appropriate to prevent injury to himself or to others, using a degree of force which he reasonably believed necessary for that purpose; and
(b) under a reasonable belief that physical force was reasonable and appropriate to prevent the commission of a felony, using a degree of force which he reasonably believed necessary for that purpose.
(C) If a person, his estate, or his personal representative, who sustains a personal injury during the commission of or during the immediate flight from an act which is defined by any law of this State or of the United States to be a felony, recovers monetary damages from another person for personal injury or wrongful death, the person, his estate, or his personal representative shall wholly contribute to the financial expenses necessary for his medical or hospital care while in custody or incarcerated."
Section 2. This act takes effect July 1, 1997.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
Reps. YOUNG, HODGES and HARRISON proposed the following Amendment No. 2 (Doc Name P:\AMEND\PSD\7062AC.97), which was adopted.
Amend the report of the Committee on Judiciary,as and if amended, on Page 3086-1, line 35, and on Page 3086-2, line 12, before /under/ by inserting /in response to a reasonably apparent commission of a felony and/
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG 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.
H. 3215 -- Reps. Simrill and Meacham: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION OUTSIDE THE TOWN'S OR CITY'S CORPORATE LIMITS WHEN IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE OFFICER'S JURISDICTION FROM A THREE-MILE RADIUS OF THE TOWN'S OR CITY'S CORPORATE LIMITS TO COUNTYWIDE JURISDICTION.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 6, by the Committee on Judiciary.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Rep. LIMBAUGH proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\20092CM.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 17-13-40 of the 1976 Code is amended to read:
"Section 17-13-40. (A) The When the police authorities of all towns and cities of this State may make arrests of all offenders against the a town or city are in pursuit of an offender for a violation of a municipal ordinances and statutes ordinance or statute of this State committed within the corporate limits or at any place within a radius of three miles of the corporate limits, the authorities may arrest this offender, with or without a warrant, at a place within the corporate limits, at a place within the county in which the town or city is located when such police authorities are in pursuit of such offender, or at a place within a contiguous county.
(B) When the police authorities of a county are in pursuit of an offender for a violation of a county ordinance or statute of this State committed within the unincorporated areas of the county, the authorities may arrest this offender, with or without a warrant, within the unincorporated areas or at a place within a contiguous county.
(C) When a law enforcement officer's jurisdiction is expanded pursuant to this section, the authority, rights, privileges, and immunities, including coverage under the workers' compensation laws, and tort liability coverage obtained pursuant to the provisions of Chapter 78, Title 15, that are applicable to an officer within the jurisdiction in which he is employed are extended to and include the expanded areas of jurisdiction granted pursuant to this section."
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
Rep. FLEMING proposed the following Amendment No. 4 (Doc Name P:\AMEND\GJK\20060CM.97), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, page 3215-1, in Section 17-13-40(A), as contained in SECTION 1, by striking lines 28 through 34 and inserting:
/Section 17-13-40. (A) The police authorities of all towns a town and cities city of this State may make arrests of all offenders when in pursuit of an offender who has committed an offense against the municipal ordinances and statutes of this State committed within the corporate limits or at any place within a radius of three miles of the corporate limits, may arrest the offender with or without a warrant, when such police authorities are in pursuit of such offender within the county in which the town or city is located./
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3230 -- Rep. Simrill: A BILL TO AMEND SECTION 33-56-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR A WILFUL VIOLATION OF CERTAIN PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.
Reps. SIMRILL, KLAUBER and HARRISON proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20088SD.97), which was adopted.
Amend the bill, as and if amended, by striking subsection (4) of Section 33-56-140 of the 1976 Code, as contained in SECTION 1, and inserting:
/(4) In addition to the provisions of subsection (3), any person who knowingly and wilfully violates the provisions of this chapter or who knowingly and wilfully gives false or incorrect information to the Attorney General in filing statements or reports required by this chapter, is guilty of a misdemeanor and, upon conviction, for a first offense shall must be fined not more less than one thousand dollars or be imprisoned for not more than thirty days one year, and for a second or any subsequent offense shall must be fined not more less than five thousand dollars or be imprisoned for not more than one year three years, or both./
Rep. KLAUBER 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, read the second time, and ordered to a third reading:
H. 3370 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3370 General Subject Matter: Worker's Comp.
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. ROBERT J. SHEHEEN
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 64 -- Senator Holland: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES; AND TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED.
On motion of Rep. ROBINSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
H. 3064 -- Reps. Wilkins, Haskins, Sharpe, Townsend, Meacham, Carnell, Quinn, Harrison, Cato, J. Brown, Vaughn, D. Smith, H. Brown, Stille, Kirsh, Cotty, Young-Brickell, Sandifer, Witherspoon, Baxley, Simrill, Seithel, Bailey, Robinson, Walker, Stuart, Altman, Harrell, Riser, Rodgers, Gamble, Harvin and Littlejohn: A BILL RATIFYING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC-FUNDED RETIREMENT SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF ASSETS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM, TO PROVIDE FOR THE ESTABLISHMENT OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THAT THE PANEL SHALL NOT EXIST UNTIL THE GENERAL ASSEMBLY ENACTS IMPLEMENTING LEGISLATION ESTABLISHING THE PANEL, PROVIDING THE TERMS, DUTIES, AND COMPENSATION OF ITS MEMBERS, AUTHORIZING THE INVESTMENTS ALLOWED PURSUANT TO THIS AMENDMENT AND WHICH ALSO MAY PROVIDE THOSE LIMITATIONS ON INVESTMENTS IN EQUITY SECURITIES CONSIDERED PRUDENT BY THE GENERAL ASSEMBLY.
The following Concurrent Resolution was taken up.
H. 3354 -- Reps. Quinn and D. Smith: A CONCURRENT RESOLUTION DECLARING APRIL 20-26, 1997, AS "SOUTH CAROLINA GOLF WEEK" FOR 1997.
Whereas, "South Carolina Golf Week" is sponsored by the South Carolina Golf Association and the South Carolina Junior Golf Association as a week to showcase golf with the emphasis on the economic impact that the game has on our great State; and
Whereas, South Carolina is now the Number One golf destination in the United States -- a fact which enables golf operations in South Carolina to generate more than five million dollars in admissions taxes; and
Whereas, the golf industry in the Palmetto State has an overall economic impact approaching the range of one and a half billion dollars; this fact makes it clear how important this industry is to South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That April 20-26, 1997, is declared "South Carolina Golf Week" for 1997.
Be it further resolved that a copy of this resolution be forwarded to Mr. Happ Lathrop, Executive Director of the South Carolina Golf Association and the South Carolina Junior Golf Association.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. HASKINS.
Rep. CATO moved to adjourn debate upon the following Bill until Thursday, February 13, which was adopted.
H. 3272 -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.
Rep. HASKINS moved to adjourn debate upon the following Bill until Thursday, February 13, which was adopted.
H. 3089 -- Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty, Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach, Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker, Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.
The following Joint Resolution was taken up.
H. 3157 -- Reps. Wilkins, Haskins, Cato, Harrison, Meacham, Sharpe, D. Smith, Vaughn, Allison, Bailey, Barfield, Barrett, Bauer, Baxley, Beck, Campsen, Chellis, Cotty, Cromer, Davenport, Felder, Gamble, Harrell, J. Harris, Hinson, Jordan, Kelley, Keegan, Kinon, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Mason, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, R. Smith, Knotts, Webb, Limehouse, Whatley and Hawkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT NO MEMBER OF THE HOUSE MAY SERVE MORE THAN SIX CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE HOUSE MEMBERS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, AND TO PROVIDE THAT FOR THOSE MEMBERS ELECTED AFTER 1996, WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996; PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT NO MEMBER OF THE SENATE MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE SENATORS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, TO PROVIDE THAT FOR THOSE SENATORS ELECTED AFTER 1996 WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT NO CONSTITUTIONAL OFFICER MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED IN THE 1998 ELECTION WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING IN JANUARY, 1999, AND TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED AFTER 1998 WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THE LIMITATION BEGINS WITH THE TERM THE CONSTITUTIONAL OFFICER FIRST SERVES AFTER 1998.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 2, Article III of the Constitution of South Carolina, 1895, be amended to read:
"Section 2. (A) The House of Representatives shall must be composed of members chosen by ballot every second year by citizens of this State, qualified as in this Constitution is provided.
(B) No member of the House may serve more than six consecutive complete terms. For those House members elected in the 1996 election whether or not they have prior House service, the limitation on terms herein contained begins with the terms starting on the Monday following the 1996 general election. For those members elected after 1996 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1996. Service in another public office does not constitute prior service for purposes of this provision.
(C) If a member of the House elected in 1996 must run for the House again in 1997 because his election district is revised and is reelected in 1997 for a term to expire in 1998, he is considered to have served one consecutive complete term between 1996 and 1998 for purposes of the term limitations contained in this section. If a member of the House elected in 1996 must run for the House again in 1997 because his election district is revised and is not reelected or if he chooses not to offer for reelection in 1997, he is considered to have served one consecutive complete term which began in 1996 for purposes of the term limitations contained in this section."
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:
"Must Section 2, Article III of the Constitution of this State relating to the House of Representatives be amended so as to provide that no member of the House may serve more than six consecutive complete terms, to provide that for those House members elected in the 1996 election whether or not they have prior House service, this limitation on terms begins with the term starting on the Monday following the 1996 general election and to provide that for those members elected after 1996 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1996?
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 6, Article III of the Constitution of South Carolina, 1895, is amended to read:
"Section 6. (A) The Senate shall must be composed of one member chosen from each County senatorial election district as established by law, to be elected for the term of four years by the qualified electors in each County, of the district in the same manner in which members of the House of Representatives are chosen.
(B) No member of the Senate may serve more than three consecutive complete terms. For those Senators elected in the 1996 election whether or not they have prior Senate service, the limitation on terms herein contained begins with the terms starting on the Monday following the 1996 general election. For those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996. Service in another public office does not constitute prior service for purposes of this provision.
(C) If a member of the Senate elected in 1996 must run for the Senate again in 1997 because his election district is revised and is reelected for a term to expire in 2000, he is considered to have served one consecutive complete term between 1996 and 2000 for purposes of the term limitations contained in this section. If a member of the Senate elected in 1996 must run for the Senate again in 1997 because his election district is revised and is not reelected or if he chooses not to offer for reelection in 1997, he is considered to have served one consecutive complete term which began in 1996 for purposes of the term limitations contained in this section."
SECTION 4. 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:
"Must Section 6, Article III of the Constitution of this State relating to the Senate be amended so as to provide that no member of the Senate may serve more than three consecutive complete terms, to provide that for those Senators elected in the 1996 election whether or not they have prior Senate service, this limitation on terms begins with the terms starting on the Monday following the 1996 general election, and to provide that for those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996?
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 5. It is proposed that Section 7, Article VI of the Constitution of South Carolina, 1895, is amended to read:
"Section 7. There shall must be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years coterminous with that of the Governor. The duties and compensation of such these offices shall must be prescribed by law and their compensation shall must be neither increased nor diminished during the period for which they shall have been elected.
No constitutional officer referenced above may serve more than three consecutive complete terms. For those constitutional officers elected in the 1998 election whether or not they have prior service in that constitutional office, the limitation on terms herein contained begins with the terms starting in January, 1999. For those constitutional officers elected after 1998 whether or not they have prior service in that constitutional office, the limitation begins with the terms the constitutional officers first serve after 1998. Service in another public office does not constitute prior service for purposes of this provision."
SECTION 6. 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:
"Must Article VI, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that no constitutional officer may serve more than three consecutive complete terms, to provide that for those constitutional officers elected in the 1998 election whether or not they have prior service in that constitutional office, this limitation on terms begins with the terms starting in January, 1999, and to provide that for those constitutional officers elected after 1998 whether or not they have prior service in that constitutional office, the limitation begins with the term the constitutional officer first serves after 1998?
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\GJK\20023SD.97), 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 2, Article III of the Constitution of South Carolina, 1895, be amended to read:
"Section 2. (A) The House of Representatives shall must be composed of members chosen by ballot every second year by citizens of this State, qualified as in this Constitution is provided.
(B) No member of the House may serve more than six consecutive complete terms. For those House members elected in the 1996 election whether or not they have prior House service, the limitation on terms herein contained begins with the terms starting on the Monday following the 1996 general election. For those members elected after 1996 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1996. Service in another public office does not constitute prior service for purposes of this provision.
(C) If a member of the House elected in 1996 must run for the House again in 1997 because his election district is revised and is reelected in 1997 for a term to expire in 1998, he is considered to have served one consecutive complete term between 1996 and 1998 for purposes of the term limitations contained in this section. If a member of the House elected in 1996 must run for the House again in 1997 because his election district is revised and is not reelected or if he chooses not to offer for reelection in 1997, he is considered to have served one consecutive complete term which began in 1996 for purposes of the term limitations contained in this section."
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:
"Must Section 2, Article III of the Constitution of this State relating to the House of Representatives be amended so as to provide that no member of the House may serve more than six consecutive complete terms, to provide that for those House members elected in the 1996 election whether or not they have prior House service, this limitation on terms begins with the term starting on the Monday following the 1996 general election and to provide that for those members elected after 1996 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1996?
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 6, Article III of the Constitution of South Carolina, 1895, is amended to read:
"Section 6. (A) The Senate shall must be composed of one member chosen from each County senatorial election district as established by law, to be elected for the term of four years by the qualified electors in each County, of the district in the same manner in which members of the House of Representatives are chosen.
(B) No member of the Senate may serve more than three consecutive complete terms. For those Senators elected in the 1996 election whether or not they have prior Senate service, the limitation on terms herein contained begins with the terms starting on the Monday following the 1996 general election. For those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996. Service in another public office does not constitute prior service for purposes of this provision.
(C) If a member of the Senate elected in 1996 must run for the Senate again in 1997 because his election district is revised and is reelected for a term to expire in 2000, he is considered to have served one consecutive complete term between 1996 and 2000 for purposes of the term limitations contained in this section. If a member of the Senate elected in 1996 must run for the Senate again in 1997 because his election district is revised and is not reelected or if he chooses not to offer for reelection in 1997, he is considered to have served one consecutive complete term which began in 1996 for purposes of the term limitations contained in this section."
SECTION 4. 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:
"Must Section 6, Article III of the Constitution of this State relating to the Senate be amended so as to provide that no member of the Senate may serve more than three consecutive complete terms, to provide that for those Senators elected in the 1996 election whether or not they have prior Senate service, this limitation on terms begins with the terms starting on the Monday following the 1996 general election, and to provide that for those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996?
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 5. It is proposed that Section 7, Article VI of the Constitution of South Carolina, 1895, is amended to read:
"Section 7. There shall must be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years coterminous with that of the Governor. The duties and compensation of such these offices shall must be prescribed by law and their compensation shall must be neither increased nor diminished during the period for which they shall have been elected.
No constitutional officer referenced above may serve more than three consecutive complete terms. For those constitutional officers elected in the 1998 election whether or not they have prior service in that constitutional office, the limitation on terms herein contained begins with the terms starting in January, 1999. For those constitutional officers elected after 1998 whether or not they have prior service in that constitutional office, the limitation begins with the terms the constitutional officers first serve after 1998. Service in another public office does not constitute prior service for purposes of this provision."
SECTION 6. 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:
"Must Article VI, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that no constitutional officer may serve more than three consecutive complete terms, to provide that for those constitutional officers elected in the 1998 election whether or not they have prior service in that constitutional office, this limitation on terms begins with the terms starting in January, 1999, and to provide that for those constitutional officers elected after 1998 whether or not they have prior service in that constitutional office, the limitation begins with the term the constitutional officer first serves after 1998?
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'."
Amend further, as and if amended, by striking the title and inserting:
/PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT NO MEMBER OF THE HOUSE MAY SERVE MORE THAN SIX CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE HOUSE MEMBERS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, AND TO PROVIDE THAT FOR THOSE MEMBERS ELECTED AFTER 1996, WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996; PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT NO MEMBER OF THE SENATE MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE SENATORS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, TO PROVIDE THAT FOR THOSE SENATORS ELECTED AFTER 1996 WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT NO CONSTITUTIONAL OFFICER MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED IN THE 1998 ELECTION WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING IN JANUARY, 1999, AND TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED AFTER 1998 WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THE LIMITATION BEGINS WITH THE TERM THE CONSTITUTIONAL OFFICER FIRST SERVES AFTER 1998./
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. LIMBAUGH continued speaking.
The amendment was then adopted.
Rep. INABINETT proposed the following Amendment No. 4 (Doc Name P:\AMEND\DKA\4079DW.97), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, page 3157-1, by striking lines 34-37 and inserting:
/SECTION 1. It is proposed that Section 2, Article III of the Constitution of South Carolina, 1895, be amended to read:
"Section 2. (A) The Beginning in 2000, the house of Representatives shall must be composed of members chosen by ballot every second fourth year by citizens of this State, qualified as in this Constitution is provided." /
Amend further, page 3157-2, line 9, by striking / 1998 / and inserting / 2004 /, and on line 10 by striking / 1998 / and inserting / 2004 /.
Amend further, page 3157-2, by inserting an appropriately numbered SECTION following line 16 to read:
/SECTION ____. It is proposed that Section 8, Article III, of the Constitution of this State be amended to read:
"Section 8. The first election for members of the House of Representatives under this Constitution shall must be held on Tuesday after the first Monday in November Eighteen Hundred and Ninety-six, and in every second fourth year thereafter, in such manner and at such places as the General Assembly may prescribe."/
AMEND FURTHER, PAGE 3157-2, BY STRIKING SECTION 2, LINES 17-35, AND INSERTING:
/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:
"Must Sections 2 and 8, Article III of the Constitution of this State relating to the House of Representatives be amended so as to provide that a person elected to the house of representatives, beginning in 2000, serve a four instead of two-year term and provide that no member of the House may serve more than six consecutive complete terms, to provide that for those House members elected in the 1996 election whether or not they have prior House service, this limitation on terms begins with the term starting on the Monday following the 1996 general election and to provide that for those members elected after 1996 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1996?
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'."/
Amend further, page 3157-2, by striking Subsection (A) of Section 6 of Article III, on lines 38-42, and inserting:
/Section 6. (A) The Beginning in 2000, the Senate shall must be composed of one member chosen from each County senatorial election district as established by law, to be elected for the term of four six years by the qualified electors in each County, of the district in the same manner in which members of the House of Representatives are chosen./
Amend further, page 3157-3, lines 12 and 13, by striking / 2000 / and inserting /2006/.
Amend further, page 3157-3, line 25, by inserting after /that/ / beginning in 1998, serve six instead of a four-year term and provide that/.
Renumber sections to conform.
Amend title to conform.
Rep. INABINETT explained the amendment.
Rep. HARRISON raised the Point of Order that Amendment No. 4 was not germane to the Joint Resolution.
Rep. SCOTT argued contra the point in that the amendment related to the section of the Code that deals with tenure in the legislature.
SPEAKER Pro Tempore HASKINS stated that the amendment would change the dates of the election of the members and that the amendment was germane and he overruled the Point of Order.
Rep. LIMBAUGH moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Bauer Boan Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kirsh Knotts Koon Law Leach Limbaugh Limehouse Loftis Maddox Martin Mason McKay McLeod McMaster Meacham Neilson Quinn Rice Riser Robinson Seithel Sharpe Simrill Smith, D. Smith, R. Stille Townsend Tripp Vaughn Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Battle Baxley Beck Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Davenport Gourdine Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Lanford Lee Littlejohn Lloyd Mack McCraw McMahand Miller Moody-Lawrence Mullen Neal Parks Phillips Pinckney Rhoad Rodgers Sandifer Scott Sheheen Smith, F. Smith, J. Spearman Stoddard Stuart Trotter Walker Webb Whatley Whipper Wilkes
So, the amendment was tabled.
Rep. INABINETT proposed the following Amendment No. 5 (Doc Name P:\AMEND\DKA\4080DW.97), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, page 3157-1, by striking lines 34-37 and inserting:
/SECTION 1. It is proposed that Section 2, Article III of the Constitution of South Carolina, 1895, be amended to read:
"Section 2. (A) The Beginning in 2000, the house of Representatives shall must be composed of members chosen by ballot every second fourth year by citizens of this State, qualified as in this Constitution is provided."/
Amend further, page 3157-2, line 9, by striking / 1998 / and inserting / 2004 /, and on line 10 by striking / 1998 / and inserting / 2004/.
Amend further, page 3157-2, by inserting an appropriately numbered SECTION following line 16 to read:
/SECTION ____. It is proposed that Section 8, Article III, of the Constitution of this State be amended to read:
"Section 8. The first election for members of the House of Representatives under this Constitution shall must be held on Tuesday after the first Monday in November Eighteen Hundred and Ninety-six, and in every second fourth year thereafter, in such manner and at such places as the General Assembly may prescribe."/
AMEND FURTHER, PAGE 3157-2, BY STRIKING SECTION 2, LINES 17-35, AND INSERTING:
/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:
"Must Sections 2 and 8, Article III of the Constitution of this State relating to the House of Representatives be amended so as to provide that a person elected to the house of representatives, beginning in 2000, serve a four instead of two-year term and provide that no member of the House may serve more than six consecutive complete terms, to provide that for those House members elected in the 1996 election whether or not they have prior House service, this limitation on terms begins with the term starting on the Monday following the 1996 general election and to provide that for those members elected after 1996 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1996?
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 conform.
Rep. INABINETT explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Bauer Baxley Beck Boan Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin Mason McKay McLeod McMaster Meacham Mullen Neilson Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Battle Bowers Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Delleney Gourdine Harvin Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Lanford Lee Lloyd Mack McCraw McMahand Miller Moody-Lawrence Neal Parks Phillips Pinckney Rhoad Scott Sheheen Smith, F. Smith, J. Stoddard Webb Whatley Wilkes
So, the amendment was tabled.
Rep. HOWARD proposed the following Amendment No. 6 (Doc Name P:\AMEND\GJK\20094SD.97), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Section 2, Article III of the Constitution of South Carolina, 1895, be amended to read:
"Section 2. (A) The House of Representatives shall must be composed of members chosen by ballot every second year by citizens of this State, qualified as in this Constitution is provided.
(B) No member of the House may serve more than six consecutive complete terms, provided, however, that a member to whom this provision applies may complete the term which he is currently serving. Service in another public office does not constitute prior service for purposes of this provision.
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:
"Must Section 2, Article III of the Constitution of this State relating to the House of Representatives be amended so as to provide that no member of the House may serve more than six consecutive complete terms?
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 6, Article III of the Constitution of South Carolina, 1895, is amended to read:
"Section 6. (A) The Senate shall must be composed of one member chosen from each County senatorial election district as established by law, to be elected for the term of four years by the qualified electors in each County, of the district in the same manner in which members of the House of Representatives are chosen.
(B) No member of the Senate may serve more than three consecutive complete terms, provided, however, that any member to whom this provision applies may complete the term which he is currently serving. Service in another public office does not constitute prior service for purposes of this provision."
SECTION 4. 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:
"Must Section 6, Article III of the Constitution of this State relating to the Senate be amended so as to provide that no member of the Senate may serve more than three consecutive complete terms?
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 5. It is proposed that Section 7, Article VI of the Constitution of South Carolina, 1895, is amended to read:
"Section 7. There shall must be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years coterminous with that of the Governor. The duties and compensation of such these offices shall must be prescribed by law and their compensation shall must be neither increased nor diminished during the period for which they shall have been elected.
No constitutional officer referenced above may serve more than three consecutive complete terms, provided, however, that any constitutional officer to whom this provision applies may complete the term he is currently serving. Service in another public office does not constitute prior service for purposes of this provision."
SECTION 6. 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:
"Must Article VI, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that no constitutional officer may serve more than three consecutive complete terms?
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 conform.
Rep. HOWARD explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Battle Bauer Beck Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McKay McLeod McMaster Miller Mullen Quinn Rhoad Riser Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Baxley Bowers Breeland Brown, G. Brown, T. Byrd Cave Cobb-Hunter Gourdine Govan Hamilton Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Lee Lloyd Mack Maddox McCraw McMahand Meacham Moody-Lawrence Neal Parks Phillips Pinckney Rice Robinson Scott Sheheen Simrill Smith, F. Smith, J. Stille Stoddard Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. HODGES spoke against the Joint Resolution.
Rep. HARRISON spoke in favor of the Joint Resolution.
Reps. SCOTT, MACK and WHIPPER spoke against the Joint Resolution.
Rep. CAMPSEN spoke in favor of the Joint Resolution.
Rep. DELLENEY spoke against the Joint Resolution.
Rep. JENNINGS spoke against the Joint Resolution.
Rep. LIMBAUGH spoke in favor of 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 Altman Bailey Barfield Barrett Bauer Baxley Beck Boan Bowers Brown, H. Campsen Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin Mason McKay McLeod McMaster Meacham Mullen Neilson Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Battle Breeland Brown, G. Brown, T. Byrd Carnell Cave Cobb-Hunter Delleney Govan Harvin Hines, J. Hines, M. Hodges Howard Jennings Kennedy Kirsh Lee Lloyd Mack McCraw McMahand Miller Moody-Lawrence Neal Parks Phillips Pinckney Scott Sheheen Smith, F. Smith, J. Stoddard Whipper Wilkes
So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.
I supported H. 3157 as reported by the House Judiciary Committee because the Judiciary Committee amendment incorporated the term limits proposal contained in H. 3385 sponsored by me and others.
Rep. WALTON J. McLEOD III
Rep. D. SMITH moved that the House recur to the morning hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3235 -- Reps. D. Smith, Cromer, Knotts, Maddox, Young, Limbaugh, Scott, Cotty, McMaster, Klauber, Jennings, Baxley, Fleming, Govan, Altman, Delleney, Hodges, Campsen, Harrison and Simrill: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3442 -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ERNEST THOMAS MCCUTCHEON, SR., OF GREENWOOD AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3443 -- Rep. Askins: A BILL TO AMEND SECTION 12-36-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX DUE ON THE SALE OF A MOTOR VEHICLE TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE, SO AS TO EXTEND THIS CALCULATION OF THE TAX DUE TO BOATS AND MOTORS SOLD TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE.
Referred to Committee on Ways and Means.
H. 3444 -- Reps. Keegan, Bailey, Kelley and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.
Referred to Committee on Education and Public Works.
H. 3445 -- Reps. Stille, F. Smith, J. Hines, Lee, Robinson, Wilder, Clyburn, Byrd, Hamilton, M. Hines and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-43 SO AS TO PROHIBIT A STATE AGENCY, DEPARTMENT, OR COMMISSION FROM SELLING OR DISTRIBUTING A PERSON'S NAME AND INFORMATION ABOUT A MOTOR VEHICLE HE OWNS AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works.
H. 3446 -- Reps. Stille, Wilder, Clyburn, Felder, Delleney, Cromer and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY AND OTHER ELECTED COUNTY OFFICES MAY BE ELECTED IN NONPARTISAN ELECTIONS.
Referred to Committee on Judiciary.
H. 3447 -- Reps. McMahand, F. Smith, Cato, Leach, R. Smith, Neilson, Allison, Lee, Haskins, Beck, T. Brown, Phillips, McCraw, Loftis, Hamilton, J. Hines, Robinson, Davenport, Clyburn, Whatley, Mack, Chellis, Vaughn, Byrd, G. Brown, Wilder, Woodrum, Wilkes, Gamble, Howard, Young, Battle, Kirsh, Riser and Moody-Lawrence: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS FROM LIABILITY FOR GOVERNMENTAL ENTITIES UNDER THE GOVERNMENTAL TORT CLAIMS ACT, SO AS TO EXEMPT COUNTY SHERIFFS DEPARTMENTS AND MUNICIPAL LAW ENFORCEMENT DEPARTMENTS FROM LIABILITY WHEN ESCORTING FUNERAL PROCESSIONS.
Referred to Committee on Judiciary.
H. 3448 -- Reps. Limbaugh, Askins, G. Brown, Moody-Lawrence, Neilson, Knotts, Kennedy, J. Hines, Kinon, Inabinett, Harvin, Rice, Simrill, Kirsh, T. Brown, Neal, Maddox, Baxley, Jennings and Battle: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 22 SO AS TO ENACT THE "COOPERATIVE EDUCATIONAL SERVICE CENTERS ACT OF 1997" WHICH AUTHORIZES THE CREATION OF REGIONAL COOPERATIVE EDUCATIONAL SERVICE CENTERS BY TWO OR MORE SCHOOL DISTRICTS OR BY A SCHOOL DISTRICT AND A POST-SECONDARY INSTITUTION FOR PROVIDING INSTRUCTIONAL, ADMINISTRATIVE, AND OTHER SERVICES DESIRED BY THE PARTICIPATING SCHOOL DISTRICTS OR INSTITUTIONS.
Referred to Committee on Education and Public Works.
H. 3449 -- Reps. Haskins, Altman, H. Brown, Knotts, Mason, Lee, R. Smith, Davenport, Sandifer, Cooper, Littlejohn, Phillips, McMahand, F. Smith, Cato, Chellis, Koon, Vaughn, Hamilton, Leach, Rhoad, Campsen, Riser, Koon, Stille, Kinon, Limehouse, Young-Brickell, Battle, Meacham, Whatley, Byrd, Webb, Simrill and Barrett: A BILL TO AMEND SECTION 16-17-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BE AN EAVESDROPPER OR A PEEPING TOM ON A PUBLIC PREMISE.
Referred to Committee on Judiciary.
H. 3450 -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT INTEREST EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.
Referred to Committee on Ways and Means.
H. 3451 -- Rep. Cromer: A BILL TO AMEND SECTION 22-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT AGE FOR MAGISTRATES, SO AS TO PERMIT A RETIRED MAGISTRATE TO BE APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT, UPON RECOMMENDATION OF THE ADMINISTRATIVE JUDGE OF THE JUDICIAL CIRCUIT, TO SERVE AS A SPECIAL MAGISTRATE IN THE COUNTY IN WHICH HE LAST SERVED.
Referred to Committee on Judiciary.
H. 3452 -- Reps. Miller, McMaster, Moody-Lawrence, Townsend, Hinson, Knotts, Cotty, Neal, Barrett, Battle, T. Brown, Trotter, Maddox, Stille, Stoddard, Witherspoon, Lloyd, J. Smith, Kennedy, Pinckney, Delleney, Rice, Kelley, Edge, Woodrum, Keegan, Martin, Webb, Parks, Carnell, Rhoad, Jordan, Rodgers, Meacham, Young-Brickell, Howard, Simrill, Spearman, Bowers, Koon and Harvin: A BILL TO AMEND SECTION 14-7-845, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE FOR OPTIONAL POSTPONEMENT OF JURY SERVICE FOR SCHOOL EMPLOYEES.
Referred to Committee on Judiciary.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
At 4:07 P.M. the House in accordance with the motion of Rep. VAUGHN adjourned in memory of Lewis Davis of Greer, to meet at 10:00 A.M. tomorrow.
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