Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of nature and of human nature, we thank You for Your faithfulness in the changing seasons, especially now for the resurrection of the springtime. We are grateful for buds and blossoms, for bubbling brooks and cascading streams, for gentle rains and sighing winds, for the warmth of the sun, for starlit skies, the lyric songs of the birds, and for everything that proclaims Your glory. Create within us an inner beauty to match all that is beautiful in the world around. Help us to shed old faults and to gain new virtues each day.
Thank You, Lord, for this privilege of prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Wanda Griffin Elrod of Anderson, which was agreed to.
The following were received and referred to the appropriate committee for consideration.
Document No. 2168
Promulgated By Commission on Higher Education
Statutory Authority: 1976 Code Section 59-104-20
Palmetto Fellows Scholarship
Received By Speaker March 21, 1997
Referred to House Committee on Ways and Means
120 Day Review Expiration Date July 19, 1997
(Subject to Sine Die Revision)
Document No. 2167
Promulgated By South Carolina Commission on Higher Education
Statutory Authority: 1976 Code Section 59-142-20
Need-Based Grants
Received By Speaker March 21, 1997
Referred to House Committee on Ways and Means
120 Day Review Expiration Date July 19, 1997
(Subject to Sine Die Revision)
The following was introduced:
H. 3701 -- Reps. H. Brown, Inabinett, Jordan, Simrill, Young-Brickell, Chellis, McKay, Bailey, Lloyd, Parks, Martin, Sharpe, J. Smith, Trotter, Stuart, Harrison, Kennedy, Maddox, Riser, Rodgers, Hinson, Barrett, Sandifer, Webb, Easterday, Koon, Dantzler, Byrd, Felder, Leach, Fleming, J. Brown, Harvin, Kirsh, Bowers, Meacham, Harrell, Woodrum and Loftis: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. BARBARA LANGER PEARLSTINE OF CHARLESTON UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3702 -- Reps. Moody-Lawrence, Simrill, Meacham and Kirsh: A CONCURRENT RESOLUTION URGENTLY REQUESTING THE DEPARTMENT OF TRANSPORTATION TO INSTALL A STOP LIGHT AT THE INTERSECTION OF HIGHWAYS 322 AND 324 IN YORK COUNTY.
The Concurrent Resolution was agreed to and ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3703 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, 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, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, 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, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF THE HONORABLE LUTHER LANGFORD TAYLOR, JR., OF RICHLAND COUNTY, DISTINGUISHED MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the members of the General Assembly were deeply saddened to learn of the death on Sunday, March 23, 1997, of The Honorable Luther Langford Taylor, Jr., who served in the House of Representatives from 1983 to 1990; and
Whereas, he earned a B.S. degree from Clemson University; and
Whereas, he was a former deputy director of the Midlands Human Resources Development Commission, and a former chairman of the Richland County Board of Zoning Adjustments; and
Whereas, during his eight years of service in the House of Representatives, he was a faithful champion of his constituents' needs and worked diligently to provide fire service, sidewalks, traffic lights, and water and sewer service throughout House District 77; and
Whereas, although he left the House of Representatives to defend himself of charges lodged during the "Operation Lost Trust" investigation, his good name and reputation were restored by United States Federal District Court Judge Falcon B. Hawkins, whose February 28, 1997 order dismissed all charges brought against him; and
Whereas, he departed this life with tremendous respect, admiration, and love from countless devoted friends and associates; and
Whereas, we want the family and the many friends of The Honorable Luther Langford Taylor, Jr., to know that they are uppermost in our thoughts and prayers and have our deepest sympathy and love. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express profound sorrow at the death of The Honorable Luther Langford Taylor, Jr., distinguished member of the South Carolina House of Representatives, and extend deepest sympathy to his wonderful family and many friends.
Be it further resolved that a copy of this resolution be forwarded to the family of The Honorable Luther Langford Taylor, Jr.
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. 3704 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO EXPANDED DUTY DENTAL ASSISTANTS, MONITOR NITROUS OXIDE ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2154, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3705 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO ADMINISTRATOR-IN-TRAINING PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2142, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3706 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MOTOR VEHICLE MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2104, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3707 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2164, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3708 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO LICENSING OF RESIDENTIAL BUILDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3709 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3710 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-175 AND 56-1-176 SO AS TO PROVIDE FOR THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE; BY ADDING SECTION 56-5-2953 SO AS TO PROVIDE THAT A DRIVER UNDER THE AGE OF TWENTY-ONE SHALL NOT OPERATE A MOTOR VEHICLE WITH ANY MEASURABLE AMOUNT OF ALCOHOL; BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER TRAINING COURSES MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DEFINE "IMPLEMENTS OF HUSBANDRY"; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO A PERSON WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A DRIVER'S LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE APPLICATION, PROCEDURE, ISSUANCE, AND RENEWAL OF, AND FEE FOR A BEGINNER'S PERMIT, SO AS TO REVISE THE CONDITIONS UNDER WHICH A PERSON HOLDING A BEGINNER'S PERMIT MAY OPERATE A MOTOR VEHICLE, TO PROVIDE THAT BEFORE OBTAINING FULL LICENSURE CERTAIN PERSONS MUST HOLD A BEGINNER'S PERMIT FOR NINETY DAYS, AND TO DEFINE "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO EXAMINATIONS FOR BASIC AND CLASSIFIED LICENSES, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH THE HOLDER OF A PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A FARM TRUCK; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE SPECIAL RESTRICTED DRIVER'S LICENSE FOR MINORS, SO AS TO REVISE THE AGE OF A PERSON THAT MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO DELETE A REFERENCE TO AN INSTRUCTION PERMIT, TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY OPERATE A VEHICLE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE CONDITIONS UPON WHICH A WAIVER OR MODIFICATION OF THE LICENSE RESTRICTIONS MAY BE GRANTED AND THE CONTENTS OF THE STATEMENT THAT MUST BE INCLUDED IN AN APPLICATION FOR WAIVER OR MODIFICATION OF THE RESTRICTIONS, AND TO DEFINE "DAYLIGHT HOURS"; AND TO AMEND SECTION 56-1-185, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF RESTRICTIONS FROM A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A HOLDER OF A BEGINNER'S PERMIT, PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE WHO IS CONVICTED OF CERTAIN TRAFFIC OFFENSES SHALL HAVE HIS LICENSE SUSPENDED FOR SIX MONTHS.
Without reference.
S. 282 -- Senators Anderson, Patterson, Washington, Matthews, Williams, Glover and Ford: 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.
S. 283 -- Senators Hutto and Giese: A BILL TO AMEND SECTION 1-7-310 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLICITORS, SO AS TO REQUIRE SOLICITORS TO BE LICENSED TO PRACTICE LAW BY THE SOUTH CAROLINA BAR AT THE TIME OF HIS ELECTION AND THROUGHOUT HIS TERM AND TO DELETE OUT-DATED REFERENCES.
Referred to Committee on Judiciary.
S. 553 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Lee 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 Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. 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 Tuesday, March 25.
Molly M. Spearman Steve P. Lanford Kenneth Kennedy Ralph W. Canty Harry R. Askins L. Hunter Limbaugh
LEAVE OF ABSENCE
The SPEAKER granted Rep. FELDER a leave of absence for the day due to a family funeral.
I was in trial in Federal Court in Florence until 3:30 P.M.
Rep. L. HUNTER LIMBAUGH
Announcement was made that Dr. Richard Schmitt of Myrtle Beach is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 3397 -- Reps. Wilkins, D. Smith, Limbaugh, Haskins, Robinson, Cato, Knotts, Harrison, Loftis, Delleney, Davenport, Vaughn, Easterday, Young-Brickell, Cotty, McMaster, Fleming, Harrell, Allison, Law, Riser, Mason, Simrill, Cooper, Barrett, H. Brown, Sandifer, Rice, Hinson, Sharpe, Seithel, R. Smith, Kelley, Chellis, Klauber, Cromer, Dantzler, Meacham, Keegan, Trotter, Tripp, Lanford, Whatley, Littlejohn, Edge, Quinn, Kirsh, Bauer, Jordan and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-60, 6-1-85, AND 59-73-35, SO AS TO LIMIT THE REVENUE RAISING AUTHORITY OF MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS, INCLUDING A PROHIBITION ON REAL ESTATE TRANSFER FEES AND TAXES, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, AS AMENDED, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS, SO AS TO PROVIDE THE USES FOR THE IMPOSITION OF UNIFORM SERVICE CHARGES AND THE CREDITING OF CHARGE REVENUE, AND TO PROVIDE FOR THE SEVERANCE OF OTHER PARTS OF THIS ACT IF ANY PORTION OF IT IS HELD UNCONSTITUTIONAL, INVALID, OR OTHERWISE INEFFECTIVE.
Reps. TROTTER, SANDIFER, COOPER, RISER, BARRETT, EASTERDAY and LEACH requested debate on the Bill.
The following Joint Resolution was taken up.
H. 3132 -- Reps. Limbaugh, Altman, Barfield, Bauer, Beck, Boan, H. Brown, Cooper, Dantzler, Davenport, Easterday, Edge, Fleming, Harrell, Haskins, Hawkins, Hinson, Jordan, Kelley, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Mason, McKay, McMaster, Meacham, Mullen, Quinn, Rice, Riser, Rodgers, Sandifer, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Whatley, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Reps. GOVAN, HARRISON, NEAL, McMASTER, SANDIFER, CAVE, RISER, SCOTT, J. BROWN, KNOTTS, R. SMITH, J. HINES, ALTMAN, MACK, BREELAND, HARRELL, WITHERSPOON, McMAHAND and MOODY-LAWRENCE requested debate on the Joint Resolution.
The following Bill was taken up.
H. 3207 -- Reps. Seithel and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-35 SO AS TO PROHIBIT DRINKING GAMES IN ESTABLISHMENTS WHICH SELL ALCOHOLIC LIQUORS FOR CONSUMPTION ON THE PREMISES, TO PROVIDE PENALTIES, AND TO DEFINE "DRINKING GAMES" AND "ALCOHOLIC LIQUORS".
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7181AC.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ Section 1. The 1976 Code is amended by adding:
"Section 61-6-2230. (A) No person licensed to sell alcoholic beverages pursuant to this article may knowingly conduct, operate, organize, promote, advertise, run, or participate in a 'drinking contest' or 'drinking game'.
(B) For purposes of this section, 'drinking contest' or 'drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of alcoholic beverages by participants at extraordinary speed or in increased quantities or in more potent form. 'Drinking contest' or 'drinking game' does not include a contest, game, event, or endeavor in which alcoholic beverages are not used or consumed by participants as part of the contest, game, event, or endeavor but instead are used solely as a reward or prize. Selling alcoholic beverages in the regular course of business is not considered a violation of this section."
SECTION 2. Section 61-4-580(6) of the 1976 Code as added by Act 415 of 1997, is amended to read:
"(6) sell, offer for sale, or possess any beverage or alcoholic liquors the sale or possession of which is prohibited on the licensed premises under the law of this State.; or
(7) conduct, operate, organize, promote, advertise, run, or participate in a 'drinking contest' or 'drinking game'. For purposes of this item, 'drinking contest' or 'drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of beer or wine by participants at extraordinary speed or in increased quantities or in more potent form. 'Drinking contest' or 'drinking game' does not include a contest, game, event, or endeavor in which beer or wine is not used or consumed by participants as part of the contest, game, event, or endeavor, but instead is used solely as a reward or prize. Selling beer or wine in the regular course of business is not considered a violation of this section."
SECTION 3. This act takes effect upon approval by the Governor./
Amend 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. 3399 -- Reps. Bauer, Hinson, Beck, F. Smith, Simrill, Baxley, Cobb-Hunter, J. Smith, Neilson, Quinn, Sandifer, Wilkins, Knotts, Hawkins, Woodrum, Whatley, Barrett, Edge, Rice, Fleming, Kennedy, Scott, T. Brown, Riser, Davenport, Martin, Lloyd, Allison, Altman, McLeod, Cromer, Lanford, J. Brown, Howard, Stuart, Leach, Phillips, Pinckney, Parks, Rodgers, Hamilton, Byrd, Koon, Mack, Kinon, Kirsh, Webb, Barfield, Littlejohn, Miller, Bowers and Limehouse: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE VOTING, SO AS TO DELETE THE REQUIREMENT THAT AN EMPLOYER SIGN A WRITTEN CERTIFICATION THAT HIS EMPLOYEE'S EMPLOYMENT PREVENTS HIM FROM VOTING IN HIS COUNTY OF RESIDENCE.
Rep. CROMER proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1071DW.97), which was tabled.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION _______. The 1976 Code is amended by adding:
"Section 7-15-315. (A) Any qualified voter may vote early in statewide general elections and in their nominating primaries by personal appearance. To be entitled to vote early, a person must make an application in person at the county board of registration, or at an extension office of the board of registration as established by the county governing body, at the time when the applicant desires to vote. The office of the county board of registration and its extension office, if applicable, are also the early voting precincts for the county. No other early voting precinct may be allowed.
(B) An application must be in writing in the form prescribed by the State Election Commission and signed and attested to by the applicant. The applicant must produce the identification required by Section 7-13-710. The application must include the person's name and address at which he is registered to vote.
(C) The period for early voting by personal appearance begins on the seventh day before election day and continues through 5:00 PM on the day immediately preceding the election day. For a runoff election, the period begins on the fourth day before the election. If the date prescribed for beginning the period is a Sunday or a legal state holiday, the period begins on the next regular business day. If, because of the date for which an election is ordered, it is not possible to begin early voting by personal appearance on the prescribed date, the early voting period shall begin on the earliest date practicable after the prescribed date as set by the authority ordering the election.
(D) Early voting by personal appearance must be conducted on the weekdays of the early voting period and during the hours that the county board of registration is regularly open for business and on the last Saturday before the statewide election day or their nominating primaries between the hours of 9:00 AM through 5:00 PM. The clerk of the county board of registration shall follow the procedure for accepting an absentee ballot under this chapter with the modifications necessary for the conduct of early voting.
(E) Notice of the time and place for early voting must be published in a newspaper of general circulation in the county as part of the public notice required in Section 7-13-35.
(F) The State Election Commission shall promulgate regulations for the conduct of early voting."
SECTION ______. Section 7-15-320 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-15-320. A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person except that physically disabled persons, certified poll watchers, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day, a person admitted to a hospital as an emergency patient on the day of an election or within a four-day period before an election, and persons whose employment obligations required that they be at their place of employment during the hours that the polls are open and present written certification of that obligation, signed by their employer, to the county registration board, and persons confined to a jail or pre-trial facility pending disposition of arrest or trial, and persons who desire to vote early by personal appearance in statewide general elections and their nominating primaries pursuant to the provisions of Section 7-15-315 may vote by absentee ballot whether or not absent from their county of residence:
(1) students, their spouses, and dependents residing with them;
(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;
(3) persons serving with the American Red Cross or with the United Service Organizations (USO) who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;
(4) persons in employment;
(5) physically disabled persons;
(6) governmental employees, their spouses, and dependents residing with them;
(7) electors with a death or funeral in the family within a three-day period before the election;
(8) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);
(9) certified poll watchers, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day;
(10) overseas citizens;
(11) persons attending sick or physically disabled persons;
(12) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;
(13) persons who will be serving as jurors in a state or federal court on election day;
(14) persons sixty-five years of age or older;
(15) persons confined to a jail or pre-trial facility pending disposition of arrest or trial;
(16) persons desiring to vote early by personal appearance in statewide general elections and their nominating primaries pursuant to the provisions of Section 7-15-315."/
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. CROMER spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 64 to 38.
The Bill was then read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4168MM.97), which was adopted.
Amend the bill, as and if amended, page 1, beginning on line 28, by striking Section 14-7-845(B), and inserting:
/(B) If a school employee selected for jury service during the school term requests, his service must be postponed to a date that does not conflict with the school term. For purposes of this subsection, a school employee is a person employed as a teacher, certified personnel at the building level, or bus driver by a school, a school system, or a school district offering educational programs to grades K-12 and to institutions of higher learning, including technical colleges./
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Rep. MILLER proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4227MM.97), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, by striking SECTION 14-7-845(B), and inserting:
/(B) If a school employee selected for jury service during the school term requests, his service must be postponed to a date that does not conflict with the school term. For purposes of this subsection, a school employee is a person employed as a teacher, certified personnel at the building level, or bus driver by a school, a school system, or a school district offering educational programs to grades K-12./
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. McLEOD spoke against the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment, which was agreed to.
Rep. SHEHEEN spoke against the Bill and moved to table the Bill.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Cave Cromer Dantzler Davenport Easterday Gamble Hamilton Haskins Hines, M. Jennings Keegan Kirsh Lloyd Loftis McMahand Pinckney Sharpe Sheheen Smith, J. Stoddard Webb Wilder Wilkes Young-Brickell
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Delleney Edge Fleming Gourdine Harrell Harrison Harvin Hawkins Hines, J. Hinson Howard Inabinett Jordan Kelley Kennedy Kinon Klauber Knotts Koon Lanford Law Leach Lee Littlejohn Mack Maddox Martin Mason McCraw McKay McLeod McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scott Simrill Smith, D. Smith, F. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Whatley Whipper Wilkins Witherspoon Woodrum Young
So, the House refused to table the Bill.
The Bill, as amended, was then read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., March 25, 1997
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. HASKINS the invitation was accepted.
The following was introduced:
H. 3711 -- Rep. Clyburn: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AT THE DEATH OF SERGEANT FIRST CLASS JAMES D. SHAY OF THE SOUTH CAROLINA HIGHWAY PATROL AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 3712 -- Reps. Moody-Lawrence and Delleney: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND SAMUEL MITCHELL MOORE, JR., OF CHESTER AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY 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. 3713 -- Rep. Wilkins: 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 AND TO DEFINE "CONTINUED COHABITATION".
Referred to Committee on Judiciary.
H. 3714 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT
ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
Referred to Committee on Judiciary.
H. 3715 -- Reps. Klauber, Altman, Limehouse, Neilson, Sharpe, Fleming, Haskins, Knotts, Sandifer, McKay, Kelley, Barrett, Keegan, Stille, Davenport, Loftis, Young, Cooper, Stoddard, Carnell, Woodrum, Campsen and Bauer: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1997", TO DEFINE "RANGE" AND "SPORT SHOOTING RANGE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SPORT SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.
Referred to Committee on Judiciary.
H. 3716 -- Reps. Inabinett, Altman, J. Hines, G. Brown, Breeland, F. Smith, M. Hines, Hodges, Lloyd, Clyburn, Neal, McMahand, Maddox, Byrd, Rhoad, J. Smith, Davenport, Mack, Littlejohn, Stoddard, Battle, Canty and Walker: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT, BEGINNING WITH ITS 1999 SESSION, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT.
Referred to Committee on Ways and Means.
H. 3717 -- Reps. Littlejohn, Vaughn, F. Smith, Neilson, J. Hines, Walker, Lanford, Witherspoon, Davenport, Quinn, Lee, McMahand, Stoddard, Wilder, Mack and Whatley: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE PROVISIONS REGULATING TOWING AND WRECKER SERVICE PROVIDERS; AND TO REPEAL SECTION 56-5-2525, RELATING TO A TOWING COMPANY THAT TOWS A VEHICLE WITHOUT THE OWNER'S KNOWLEDGE.
Referred to Committee on Labor, Commerce and Industry.
H. 3718 -- Reps. Altman and Campsen: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS AND FOR THE NOMINATION OF CANDIDATES.
Referred to Charleston Delegation.
H. 3719 -- Reps. Young-Brickell, Altman, F. Smith, Cato, Seithel, Sharpe, Beck, Byrd, J. Brown, Haskins, Whatley, Vaughn and Davenport: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM REQUIRED BEFORE THE IMPOSITION IN A COUNTY OF THE LOCAL SALES AND USE TAX, SO AS TO PROVIDE THAT AFTER THREE REFERENDUMS IN THE COUNTY IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED ON THE IMPOSITION QUESTION, NO FURTHER REFERENDUMS MAY BE HELD EXCEPT UPON PETITION OF FIFTEEN PERCENT OF THE QUALIFIED ELECTORS OF THE COUNTY.
Referred to Committee on Ways and Means.
S. 3 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO REQUIRE THAT ON THE NEXT REGULAR WORKING DAY OF THE STATE ELECTION COMMISSION AFTER A POLL IS INITIATED BY A PERSON, CANDIDATE, OR COMMITTEE, THE TEXT OF QUESTIONS TO BE ASKED ALONG WITH THE NAME OF THE POLL'S SPONSOR MUST BE ON FILE WITH THE COMMISSION, TO PROVIDE AN EXCEPTION AND THE COVERED PERIOD AND APPLICABILITY TO PRIMARIES AND RUN-OFF ELECTIONS.
Referred to Committee on Judiciary.
S. 85 -- Senator Wilson: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL JUDGE MAY ORDER RESTITUTION HE CONSIDERS APPROPRIATE IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.
Referred to Committee on Judiciary.
S. 320 -- Senator Rose: A BILL TO AMEND SECTION 7-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS PROHIBITED FROM SERVING AS A POLL MANAGER OR CLERK, SO AS TO INCLUDE FATHER-IN-LAW, MOTHER-IN-LAW, BROTHERS-IN-LAW, AND SISTERS-IN-LAW WITHIN THE GROUP THAT IS PROHIBITED FROM SERVICE.
Referred to Committee on Judiciary.
S. 331 -- Senator Holland: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS.
Referred to Committee on Judiciary.
S. 381 -- Senator Holland: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATEMENTS OF INTENTION OF CANDIDACY, SO AS TO PROVIDE THAT IF A FILING DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THESE DATES SHALL BEGIN OR END, AS APPROPRIATE, ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY; AND TO AMEND SECTION 7-11-210, RELATING TO THE DEADLINE FOR FILING A NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT IF MARCH THIRTIETH FALLS ON A SATURDAY, SUNDAY,
OR LEGAL HOLIDAY, THE NOTICE AND PLEDGE MUST BE FILED ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
Referred to Committee on Judiciary.
Rep. HASKINS moved that upon the completion of the Ratification of Acts, the House recede until 2:30 P.M., which was agreed to.
At 1:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R3) S. 14 -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 16, 1996, MISSED BY THE STUDENTS OF MCCROREY-LISTON ELEMENTARY SCHOOL OF THE FAIRFIELD COUNTY SCHOOL DISTRICT DUE TO THE LACK OF WATER IN THE SCHOOL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
(R4) S. 61 -- Senator Holland: AN ACT TO DISSOLVE THE COMMITTEE APPOINTED TO STUDY MANDATORY MINIMUM AND ALTERNATIVE SENTENCES CREATED BY THE CRIME BILL OF 1995.
(R5) S. 64 -- Senator Holland: AN ACT 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.
(R6) S. 287 -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-74-90; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE HEALTH INSURANCE POOL; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR POOL COVERAGE; AND SECTION 38-74-60, AS AMENDED, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, ALL SO AS TO MAKE THE POOL AN ACCEPTABLE ALTERNATIVE MECHANISM UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND TO INCREASE THE AGGREGATE BENEFIT LIMIT, DELETE THE EXCLUSION OF INDIVIDUALS DIAGNOSED AS BEING INFECTED WITH AIDS, REDUCE THE PREMIUM CAP ON CERTAIN ASSESSMENTS, ALLOW FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO ENTER THE POOL WITHOUT SATISFYING CURRENT ELIGIBILITY REQUIREMENTS, REDUCE THE RESIDENCY REQUIREMENT, REQUIRE FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO BE RESIDENTS, ENSURE THAT THE PREEXISTING CONDITION EXCLUSION IS NOT APPLIED TO FEDERALLY DEFINED ELIGIBLE INDIVIDUALS, REMOVE THE PROVISIONS ALLOWING EXTRA CHARGES WHERE A PREEXISTING CONDITION EXCLUSION IS WAIVED, AND ENSURE THAT FEDERALLY DEFINED ELIGIBLE INDIVIDUALS ARE PROVIDED A CHOICE OF COVERAGE.
(R7) S. 288 -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-45; TO AMEND ARTICLE 3, CHAPTER 71, TITLE 38, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES BY ADDING SUBARTICLE 7; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 2; TO AMEND SECTION 38-71-135, RELATING TO MINIMUM POSTPARTUM HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS; TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND RENEWAL POLICIES FOR ACCIDENT AND HEALTH INSURANCE; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT AND HEALTH POLICIES; TO AMEND SECTION 38-71-737, RELATING TO REQUIREMENTS OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-960, RELATING TO REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIAL FOR SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-1330, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY; TO AMEND SECTION 38-71-1360, RELATING TO THE REQUIREMENT THAT INSURERS MARKET TWO PLANS FOR SMALL EMPLOYERS; TO AMEND SECTION 38-71-1370, RELATING TO THE APPLICABILITY OF CERTAIN CODE SECTIONS TO INSURANCE PLANS REQUIRED TO BE OFFERED BY SMALL EMPLOYER INSURERS AND PREEXISTING CONDITION COVERAGE FOR LATE ENROLLEES; TO AMEND SECTION 38-71-1410 RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO AMEND SECTION 38-71-1440, RELATING TO REQUIREMENTS FOR SMALL EMPLOYER INSURERS, ALL SO AS TO COMPLY WITH CERTAIN REQUIREMENTS OF THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, INCLUDING GUARANTEED AVAILABILITY IN THE SMALL GROUP MARKET, GUARANTEED RENEWABILITY IN THE LARGE GROUP MARKET, THE SMALL GROUP MARKET, THE INDIVIDUAL MARKET, AND FOR MULTIPLE EMPLOYER WELFARE ARRANGEMENTS, REVISIONS TO REQUIRED HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS, EQUALITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS, ANTIDISCRIMINATION REQUIREMENTS IN THE LARGE AND SMALL GROUP MARKETS, AND LIMITATIONS ON PREEXISTING CONDITION EXCLUSIONS IN THE LARGE AND SMALL GROUP MARKETS; AND TO REPEAL SECTION 38-71-950, RELATING TO RENEWABILITY AND NOTICE OF NONRENEWAL OF SMALL GROUP HEALTH INSURANCE.
(R8) S. 347 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 15 AND 16, 1996, BY THE STUDENTS OF CERTAIN SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY DUE TO INCOMPLETE SCHOOL RENOVATIONS, AND THE SCHOOL DAY MISSED ON AUGUST 15, 1996, BY THE STUDENTS OF CERTAIN OTHER SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY FOR SCHOOL YEAR 1996-97 DUE TO A TRAIN DERAILMENT WHICH REQUIRED THE EVACUATION OF THESE SCHOOLS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R9) S. 407 -- Senators Drummond, Courson, Giese, Moore, Hutto, Alexander, Anderson, Bryan, Cork, Courtney, Elliott, Fair, Ford, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A JOINT RESOLUTION TO CREATE THE STROM THURMOND MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
(R10) H. 3176 -- Reps. Felder and Boan: AN ACT TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO UNIVERSITY OF SOUTH CAROLINA ATHLETICS FACILITIES REVENUE BONDS, SO AS TO PROVIDE A DEFINITION OF "NET ATHLETIC REVENUES" AND REVISE THE DEFINITION OF SPECIAL STUDENT FEE AND RESTORE THE DEFINITION REFERRING TO THE STATE BUDGET AND CONTROL BOARD; TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM TWENTY TO FORTY MILLION DOLLARS, AUTHORIZE THEIR USE FOR REFUNDING OF EARLIER ISSUES, AND MAKE THESE BONDS PAYABLE FROM ADMISSION FEES, SPECIAL STUDENT FEES, AND NET ATHLETIC REVENUES; TO DELETE PROVISIONS RELATED TO ADVERTISING OF ISSUES, TO PROVIDE THAT EXISTING FEES MUST BE SET AFTER THE CONSIDERATION OF NET ATHLETIC REVENUES, TO CONFORM USES OF THE BOND REVENUES AND THE SETTING OF FEES TO THE AMENDMENTS PROVIDED IN THIS ACT.
(R11) H. 3239 -- Reps. Walker, Littlejohn, Sharpe, Hawkins, Haskins, D. Smith, Allison, Davenport, Gamble, Cato, McCraw, Townsend and Wilkins: AN ACT 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.
(R12) H. 3243 -- Reps. Sharpe and Wilkes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTIONS 48-20-160 AND 48-20-220, RELATING TO PENALTIES FOR VIOLATIONS OF MINING PERMITS, SO AS TO PROVIDE FOR CIVIL PENALTIES FOR NONCOMPLIANCE WITH THE GENERAL PERMIT.
(R13) H. 3254 -- Reps. Boan and Hodges: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE AN ALTERNATE METHOD FOR THE REDUCTION OF THE CORPORATE LIMITS WHEN THE AREA IS OWNED BY A MUNICIPALITY OR COUNTY.
(R14) H. 3318 -- Reps. Townsend, Rhoad, Webb, Sharpe, Sandifer, Martin, Barrett and Witherspoon: AN ACT TO AMEND SECTIONS 46-21-60 AND 46-21-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A FOUNDATION SEED ORGANIZATION FOR THE PURPOSE OF FOSTERING THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF FOUNDATION HYBRID SEED CORN AND OTHER CROP SEED AND PROVIDE FOR THE COOPERATION OF VARIOUS OTHER AGENCIES IN CARRYING OUT THE PURPOSES OF THE FOUNDATION, SO AS TO PROVIDE THAT THE PURPOSE OF THE FOUNDATION IS AIMED AT THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF PURE VARIETIES OF CROP SEEDS AND PLANTS RATHER THAN FOUNDATION HYBRID SEED CORN AND OTHER CROP SEEDS, DELETE THE AUTHORITY OF THE SOUTH CAROLINA CROP IMPROVEMENT ASSOCIATION TO BE VESTED WITH CERTAIN POWERS, DELETE THE REQUIREMENT THAT AGENCIES COOPERATE WITH THE ASSOCIATION, EXCEPT FOR THE DEPARTMENT OF AGRICULTURE, AND ADD CLEMSON UNIVERSITY AS AN ENTITY RESPONSIBLE FOR CARRYING OUT THE PURPOSES OF SECTION 46-21-60.
(R15) H. 3339 -- Reps. Bauer and Riser: AN ACT TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.
(R16) 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.
(R17) 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.
(R18) 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.
(R19) 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.
(R20) 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.
(R21) 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.
(R22) 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.
(R23) 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.
(R24) 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.
(R25) 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.
(R26) 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.
(R27) 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.
(R28) 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.
(R29) 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.
(R30) 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.
(R31) 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.
(R32) H. 3437 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ENSURING 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 NONCOMPLIANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2005, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R33) H. 3502 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED.
(R34) H. 3523 -- Reps. Jennings, Boan, Sheheen, Neilson, H. Brown, Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. 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, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, 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, Neal, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: AN ACT TO AMEND CHAPTER 66, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FOLK HERITAGE AWARD, SO AS TO RENAME THIS AWARD THE "JEAN LANEY HARRIS FOLK HERITAGE AWARD".
(R35) H. 3525 -- Rep. Sharpe: A JOINT RESOLUTION TO PROVIDE EMERGENCY MEASURES FOR CONTROLLING KARNAL BUNT DISEASE BY THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AND THE STATE CROP PEST COMMISSION UNTIL JUNE 30, 1998.
(R36) H. 3539 -- Reps. Klauber, Parks, Carnell and Stille: AN ACT TO DISSOLVE THE GREENWOOD COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES, AS PROVIDED FOR IN CHAPTER 15 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF EDUCATION, UPON THE GREENWOOD COUNTY COUNCIL FOR PURPOSES OF WINDING UP THE OPERATION AND AFFAIRS OF THE COUNTY BOARD OF EDUCATION.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
Rep. LAW, from the Berkeley Delegation, submitted a favorable report, with amendments, on:
S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.
On motion of Rep. LAW, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Notwithstanding any other provision of law:
(A) Effective March 15, 1998, there is established the Board of Elections and Voter Registration of Berkeley County to be composed of nine members appointed to office by the Governor; the nine members must be appointed upon the recommendation of a majority of the county legislative delegation. The term of office for the members of the board is two years commencing on the fifteenth day of March in each even-numbered year. In case of a vacancy from any cause on the board, the vacancy must be filled in the same manner of original appointment, as provided in this section, for the unexpired term. The members of the board by majority vote shall elect the board's chairman, and the chairman shall serve a term of two years and may be reelected to that office for any number of successive terms without limitation. The board may choose to elect a vice chair, a secretary, and other officers as the board deems appropriate.
(B) The Governor shall notify the State Election Commission in writing of the appointments made under subsection (A) of this section.
(C) The Board of Elections and Voter Registration of Berkeley County shall notify the State Election Commission in writing of the name of the person elected as chairman of the board under subsection (A) of this section.
(D) A member who misses three consecutive meetings of the board is considered to have resigned his office and a vacancy therein shall exist which must be filled in the manner provided in subsection (A) of this section.
(E) Except as otherwise specifically provided in subsections (A), (B), (C), and (D) of this section, the provisions of law contained in Title 7 of the 1976 Code of Laws relating to county boards of voter registration and county election commissions apply to the Board of Elections and Voter Registration of Berkeley County, mutatis mutandis.
SECTION 2. (A) The Berkeley County Board of Voter Registration is abolished effective March 15, 1998, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Berkeley County as established under Section 1 of this act.
(B) The Berkeley County Election Commission is abolished effective March 15, 1998, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Berkeley County as established under Section 1 of this act.
SECTION 3. (A) The terms of the members of the Berkeley County Board of Voter Registration, regardless of when these members were appointed to office or when their current terms would otherwise have expired, expire for all purposes upon the abolishment of that board as provided under subsection (A) of Section 2 of this act.
(B) The terms of the members of the Berkeley County Election Commission, regardless of when these members were appointed to office or when their current terms would otherwise have expired, expire for all purposes upon abolishment of that commission as provided under subsection (B) of Section 2 of this act.
(C) Notwithstanding subsections (A) and (B) of this section or any other provision of this act, no person serving as a member of the Berkeley County Board of Voter Registration or the Berkeley County Election Commission shall be removed from office, nor shall that board and that commission be abolished, until this act has been given final approval by the United States Department of Justice.
SECTION 4. Except as otherwise specifically provided in this act, this act takes effect upon approval by the Governor.
Rep. LAW proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4245CM.97), which was adopted.
Amend the bill, as and if amended, by deleting subsection (A), SECTION 1, and inserting:
(A) Effective March 15, 1998, there is established the Board of Elections and Voter Registration of Berkeley County to be composed of nine members appointed to office by the Governor; the nine members must be appointed upon the recommendation of a majority of the county legislative delegation. The term of office for the members of the board is two years commencing on the fifteenth day of March in each even-numbered year. In case of a vacancy from any cause on the board, the vacancy must be filled in the same manner of original appointment, as provided in this section, for the unexpired term. The members of the board by majority vote shall elect the board's chairman, and the chairman shall serve a term of two years and may be reelected to that office for any number of successive terms without limitation. The board may choose to elect a vice chair, a secretary, and other officers as the board deems appropriate.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following was introduced:
S. 569 -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE RAVENEL ELEMENTARY SCHOOL OF SENECA, SOUTH CAROLINA, ITS PRINCIPAL, CATHY WATSON, AND ITS FACULTY, STAFF, PARENTS, AND STUDENTS FOR THEIR OUTSTANDING EDUCATIONAL ACHIEVEMENTS AND CONGRATULATING THEM FOR THEIR SCHOOL'S SELECTION AS A CAROLINA FIRST PALMETTO'S FINEST SCHOOL FOR 1996-97.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3720 -- Reps. Spearman, Allison, Byrd, Cobb-Hunter, Gamble, Hinson, Lee, Martin, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Parks, Rodgers, Seithel, Stuart and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE PALMIRA SILVA SNAPE, M. D., OF GREENVILLE COUNTY, AS THE GUEST SPEAKER FOR THE FIRST ANNUAL JEAN LANEY HARRIS MEMORIAL LUNCHEON AT THE SOUTH CAROLINA WOMEN IN GOVERNMENT DAY ON MARCH 26, 1997.
Whereas, Palmira Silva Snape, M. D., of Greenville County will be the guest speaker at the First Annual Jean Laney Harris Memorial Luncheon at the South Carolina in Government Day March 26, 1997, in Columbia, sponsored by the Women's Caucus of the South Carolina General Assembly; and
Whereas, Dr. Snape received her medical doctorate degree from the Medical College of South Carolina and currently is in general practice in Greenville, South Carolina; and
Whereas, Dr. Snape has been very active in medical education and has served as the Director of the Family Practice Residency Program in the Greenville Hospital System since 1990; she has numerous publications to her credit and has been active in clinical research; and
Whereas, Dr. Snape, who has served as President of the South Carolina Academy of Family Physicians and the Greenville County Medical Society and who has held numerous other professional positions, is not only well known and respected in South Carolina, but she is also known nationally and internationally. She was selected by Good Housekeeping as one of the Top Ten Family Physicians of the Year in 1982, and she has served on many national family practice committees and has presented countless papers at national and international conferences; and
Whereas, in addition to her vast professional activities, Dr. Snape has been very involved in community medicine both locally, having served on many local boards and task forces including the American Cancer Society and on Friends of Hospice and internationally as a medical missionary in Africa, the Caribbean, and South America; and
Whereas, Dr. Snape, tireless in upholding the highest ideals of the medical profession, is also devoted in her service to the people of Greenville in myriad capacities, all of which have served to provide an exceptional role model and mentor for many young women and men not only in Greenville but in the State of South Carolina; and
Whereas, it is most appropriate and very fitting to have a woman of such stature, leadership, compassion, and devotion to public service to address the first Annual Jean Laney Harris Luncheon. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That, by this resolution, the members of the General Assembly recognize Palmira Silva Snape, M. D., of Greenville County, as the guest speaker for the First Annual Jean Laney Harris Memorial Luncheon at the South Carolina Women in Government Day on March 26, 1997.
Be it further resolved that a copy of this resolution be presented to Dr. Palmira Silva Snape.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3721 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING CAROLINE MACK, A NATIVE OF LEE COUNTY, ON WINNING THE CROWN AND TITLE OF MISS BLACK USA 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3722 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION CONGRATULATING DEPUTY CHIEF FRANCES RICHBOURG OF CLARENDON COUNTY ON BECOMING THE FIRST FEMALE PRESIDENT OF THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up.
S. 33 -- Senators Cork, Rankin, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 8 TO ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
Reps. SIMRILL, SANDIFER and KIRSH requested debate on the Bill.
Rep. YOUNG explained the Bill.
Rep. SCOTT requested debate on the Bill.
Rep. McMAHAND objected to the Bill.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 41 -- Senator Short: A BILL TO AMEND SECTION 56-5-2947, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ENDANGERMENT, SO AS TO INCLUDE A VIOLATION OF SECTION 56-5-750, RELATING TO THE OFFENSE OF FAILING TO STOP FOR A BLUE LIGHT.
Rep. JENNINGS explained the Bill.
H. 3679 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WITHERSPOON explained the Joint Resolution.
H. 3680 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO IMPORTED FIRE ANT QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2112, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WITHERSPOON explained the Joint Resolution.
The following Bill was taken up.
H. 3275 -- Reps. Klauber, Seithel, Sharpe, Simrill, Knotts, Fleming, Miller, Whatley, Robinson, Trotter, Hawkins, Sandifer, Bauer, R. Smith, Woodrum, Limbaugh, Young, Haskins, Wilder, D. Smith, Webb, Barrett, Witherspoon, Harrell, Leach, Young-Brickell, Kelley, Rodgers and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-33 SO AS TO PROVIDE THAT CERTAIN PRISONERS MAY BE HOUSED IN TENTS; AND TO REPEAL CHAPTER 9 OF TITLE 24 RELATING TO THE JAIL AND PRISON INSPECTION PROGRAM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4222CM.97).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Prison Overcrowding Relief Act of 1997".
SECTION 2. The 1976 Code is amended by adding:
"Section 24-3-33. (A) The Department of Corrections may use tents, soft-sided, temporary, or portable structures to house prisoners eligible for minimum custody confinement or work release.
(B) A person charged with the operation of a county jail or detention facility may use tents, soft-sided, temporary, or portable structures to house pretrial detainees and prisoners convicted of nonviolent offenses.
(C) The release of prisoners must not be ordered under a provision of the laws of this State, including Section 24-22-40, unless the department or a person charged with the operation of a county jail or detention facility has erected tents, soft-sided, temporary, or portable structures to house inmates eligible to be housed.
(D) If the department or a person charged with the operations of a county jail or detention facility elects to use tents, soft-sided, temporary, or portable structures to house inmates as provided in this section, a tent, soft-sided, temporary, or portable structure constructed or used must be subject to fire safety inspections by the State Fire Marshal under fire safety codes for structures housing the number of persons to be housed in each tent, soft-sided, temporary, or portable structure.
(E) The person charged with the operation of a county jail or detention facility shall promulgate minimum standards for housing prisoners in tents, soft-sided, temporary, or portable structures. These standards must be approved by a majority vote of the governing body that oversees the operation of the facility."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KLAUBER explained the amendment.
Reps. SCOTT, NEAL, CANTY, F. SMITH, T. BROWN, HOWARD, INABINETT, MOODY-LAWRENCE, BREELAND, MACK, EASTERDAY, KNOTTS, YOUNG-BRICKELL, LAW, WITHERSPOON, SHARPE, CARNELL, WOODRUM and J. BROWN requested debate on the Bill.
The following Bill was taken up.
H. 3303 -- Rep. Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-761 SO AS TO PROHIBIT THE SHOOTING OR HUNTING OF BIG GAME FROM ANY PUBLIC, PAVED ROAD IN GAME ZONES 1, 2, AND 4, PROVIDE FOR PENALTIES AND EXEMPTIONS, AND PROVIDE FOR RELATED MATTERS; AND TO REPEAL SECTION 50-11-760, RELATING TO HUNTING OF ALL GAME FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY AND PENALTIES.
Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name G:\h-member\b21\3303.2), which was adopted.
Amend Section 50-11-761. (A) as contained in the bill to add game zone 5 to the list enumerated so that as amended (a) shall read:
"(a) the shooting or hunting of big game from any public, paved road is prohibited in game zones 1, 2, 4 and 5."
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Reps. McLEOD and WILDER requested debate on the Bill.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4238CM.97), which was adopted.
Amend the bill, as and if amended, Section 50-11-761(E), page 1, line 42, by inserting before the /./:
/and have his hunting license revoked for one year/
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. WILKES proposed the following Amendment No. 3 (Doc Name P:\AMEND\DKA\4243MM.97).
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by striking all after the enacting words and inserting:
"Section 50-11-761. (A) The shooting or hunting of deer is prohibited in Game Zones, 1, 2, 4, and 5 within fifty feet of the edge of a public road which is maintained by a county or the Department of Transportation with a rifle or pistol or with a shotgun with shot larger than Number 2 (#2).
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned not more than thirty days.
(C) The provisions of this section do not apply to a duly authorized law enforcement officer acting in the line of duty or to persons otherwise authorized by law."
SECTION 2. Section 50-11-760 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKES explained the amendment.
Reps. KNOTTS and KOON objected to the Bill.
Rep. WILKES continued speaking.
Rep. FLEMING objected to the Bill.
The following Bill was taken up.
H. 3381 -- Reps. Robinson, Knotts, Neilson, Meacham, Cato, Keegan, Kelley, Trotter, Webb, Sandifer, Riser, Barrett, Gamble, Mason, Koon, Rice and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
Rep. CATO proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7189AC.97), which was adopted.
Amend the bill, as and if amended, Section 40-3-20(3), page 12, line 13 by deleting
/limited liability corporation/ and inserting /limited liability company/.
Renumber sections to conform.
Amend title to conform.
Rep. LAW 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. 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.
Rep. KOON proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4234MM.97), which was adopted.
Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, by deleting Section 39-75-40, page 3, and inserting:
/Section 39-75-40. This chapter does not apply to regrooved or regroovable tires intended solely for export outside the United States, which tires must be labeled or tagged for export; nor does it apply to tires intended solely for agricultural use or for off the road industrial use./
Amend title to conform.
Rep. KOON explained the amendment.
The amendment was then adopted.
Rep. LAW explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3177 -- Rep. Seithel: A BILL TO AMEND SECTION 40-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATIVE TO LICENSING OF CONTRACTORS, SO AS TO PROVIDE THAT GENERAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR A FEE OF FIVE THOUSAND DOLLARS OR MORE AND THAT MECHANICAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE AND TO DEFINE MARINE CONSTRUCTION; AND TO AMEND SECTION 40-59-10, AS AMENDED, RELATING TO DEFINITIONS RELATIVE TO LICENSING RESIDENTIAL BUILDERS, SO AS TO PROVIDE THAT RESIDENTIAL BUILDERS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5934AC.97).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-11-10 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) 'Saltwater Marine Construction' includes all marine construction activities in deep-water installations and on repairs done in harbors, inlets, sounds, bays, and channels in bodies of saltwater as determined by the saltwater-freshwater dividing lines defined in Section 50-17-30; also included is construction and installation in bodies of saltwater of pilings, dredging, pier and slip construction, causeways, docks, and bulkheads."
SECTION 2. Section 40-11-10(1) of the 1976 Code is amended to read:
"(1) A 'general contractor' shall be is one who for a fixed price, commission, fee, or wage undertakes or offers to undertake the construction or superintending of construction of any building, highway, sewer, grading, improvement, reimprovement, structure, or part thereof, when the cost of the undertaking is thirty thousand dollars or more. Anyone who engages or offers to engage in such undertaking in this State shall be is deemed to have engaged in the business of general contracting in this State. Anyone who engages or offers to engage in saltwater marine construction when the cost of such undertaking is ten thousand dollars or more is deemed to have engaged in the business of saltwater marine construction and must have the saltwater marine classification issued by the board upon successful completion of the appropriate examination. Nothing in this chapter prevents a person, or a person's agents, from performing saltwater marine construction on the person's own residence or on other real estate held for personal or rental, as opposed to speculative, purposes."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BAILEY explained the amendment.
Rep. KIRSH spoke against the amendment.
Reps. KELLEY, KIRSH, EDGE, MILLER, WITHERSPOON, COTTY, SIMRILL and J. BROWN objected to the Bill.
Reps. T. BROWN and SEITHEL requested debate on the Bill.
The following Bill was taken up.
H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
Reps. H. BROWN and WOODRUM requested debate on the Bill.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3695 -- Ways and Means Committee: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.
Reps. H. BROWN and WOODRUM requested debate on the Bill.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of a request for debate by Rep. SCOTT the following Bill was taken up.
S. 33 -- Senators Cork, Rankin, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 8 TO ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
Rep. HASKINS requested debate on the Bill.
Rep. MOODY-LAWRENCE withdrew her objection to H. 3089; however, other objections and requests for debate remained upon the Bill.
S. 33--REQUEST FOR DEBATE WITHDRAWN AND OBJECTION
Upon the withdrawal of a request for debate by Rep. HASKINS the following Bill was taken up.
S. 33 -- Senators Cork, Rankin, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 8 TO ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
Rep. YOUNG explained the Bill.
Rep. F. SMITH objected to the Bill.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 70 -- Senator McConnell: 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.
Rep. SCOTT, with unanimous consent, made a statement relative to the death of former Rep. Luther Taylor.
The following Concurrent Resolution was taken up.
H. 3544 -- Reps. Davenport, Barfield, Seithel, Altman, Chellis, Meacham, Stoddard, Littlejohn, Lanford, Miller, Phillips, Cooper, Witherspoon, McCraw, Leach, Haskins, Riser, Limehouse and Battle: A CONCURRENT RESOLUTION MEMORIALIZING THE LEGISLATURE OF THE STATE OF NEW YORK TO PASS APPROPRIATE LEGISLATION TO REQUIRE THE REINSTATEMENT OF THE STATE FLAG OF GEORGIA IN ITS PROPER PLACE IN THE HALL OF FLAGS AT THE NEW YORK CAPITOL, OR, IN THE ALTERNATIVE, TO REMOVE ALSO THE STATE FLAG OF SOUTH CAROLINA FROM THE NEW YORK CAPITOL'S HALL OF FLAGS.
Rep. DAVENPORT moved to adjourn debate upon the Concurrent Resolution until Tuesday, April 1, which was adopted.
The motion period was dispensed with on motion of Rep. HASKINS.
The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day.
Rep. SCOTT moved that when the House adjourns it adjourn to meet at 9:45 A.M. tomorrow, which was agreed to.
The following Bill was taken up.
H. 3665 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT AND FINANCING ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE TAX, SO AS TO REVISE THE MANNER IN WHICH IT IS DISTRIBUTED; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST EARNINGS ON THE ECONOMIC DEVELOPMENT ACCOUNT MUST BE CREDITED; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO TRUCK REGISTRATION FEES, SO AS TO REQUIRE CERTAIN AMOUNTS OF FEE REVENUES TO BE CREDITED TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST INCOME FROM THE STATE HIGHWAY FUND MUST BE CREDITED.
Rep. H. BROWN proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5973HTC.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-28-310 of the 1976 Code, as last amended by Act 461 of 1996, is further amended to read:
"Section 12-28-310. Subject to the exemptions provided in this chapter, a tax of sixteen fifteen cents a gallon is imposed on all gasoline used or consumed in this State and upon all diesel fuel used or consumed in this State in producing or generating power for propelling motor vehicles. Additionally, an infrastructure license fee of one cent a gallon is imposed on all fuel subject to the tax imposed by this chapter. This fee must be paid, collected, and enforced in the same manner as the tax imposed by this chapter is paid, collected, and enforced. For all purposes of this chapter, the tax imposed by this chapter is deemed to include this fee except that the revenue of this fee is not considered a 'source of revenue' pursuant to Article X, Section 13(6) of the Constitution of this State. The tax and fee levied on taxable motor fuel pursuant to this chapter is a levy and assessment on the consumer, and the levy and assessment on other persons as specified in this chapter are as agents of the State for the collection of the tax. This section does not affect the method of collecting the tax and fee as provided in this chapter. The tax and fee imposed by this section must be collected and paid at those times, in the manner, and by those persons specified in this chapter. The license tax and fee imposed by this section shall be in lieu of all sales, use, or other excise tax which may otherwise be imposed by any municipality, county, or other local political subdivision of the State."/
Amend further, in Section 11-42-90, as contained in SECTION 2, page 10, by striking item (7) on line 3 and inserting:
/(7) to issue bonds as authorized by the board, such bonds shall not be a general obligation or pledges of the credit of the State, repayment of bonds may be made from any revenue source, gifts, interests on appropriated funds, fees and charges for loans, motor vehicle fees, the infrastructure fee on gasoline sales, and interests collected on any accounts that are not otherwise restricted;/
Amend further, page 17, by striking SECTION 3 and inserting:
/SECTION 3A. Section 12.28-2720 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 12-28-2720. The proceeds from ten nine and thirty-four hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be turned over to the Department of Transportation for the purpose of that department. The proceeds of the one cent a gallon infrastructure fee must be deposited by the State Treasurer to the credit of the state highway account of the South Carolina Infrastructure Bank."
B. This section takes effect July 1, 1997./
Renumber sections to conform.
Amend title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\KGH\15033HTC.97), which was adopted.
Amend the bill, as and if amended, Section 11-42-70, as contained in SECTION 2, page 8, by striking lines 30 and 31 and inserting:
/among the seven voting appointed members. A majority of the voting members of the state council constitutes a quorum and no action may be taken by the state council except by positive majority of the voting members. For purposes of this section, a positive majority is a majority of the entire voting membership of the state council./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 3 (Doc Name P:\AMEND\KGH\15032HTC.97), which was adopted.
Amend the bill, as and if amended, Section 11-42-180, as contained in SECTION 2, page 16, by inserting immediately after line 8:
/(C) In addition to other remedies available, amounts due from private entities which are not timely paid are collectible as income taxes are collectible pursuant to Chapter 54 of Title 12./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. WILKINS, H. BROWN, BOAN and ROBINSON proposed the following Amendment No. 5 (Doc Name P:\AMEND\KGH\15036HTC.97), which was adopted.
Amend the bill, as and if amended, Section 11-42-30(28), as contained in SECTION 2, page 6, line 7, by striking /bank/ and inserting /board/.
Amend further, Section 11-42-150, as contained in SECTION 2, page 14, by striking lines 17 through 21 and inserting:
/(B) The State Council for Regional Development, with the assistance of the Division of Regional Development, shall determine which projects are eligible projects and prepare a list of projects. The recommended list of qualified projects by the State Council for Regional Development is subject to the review and approval of the Joint Bond Review Committee. The board shall approve projects recommended as qualified by the State Council for Regional Development and the Joint Bond Review Committee, and shall instruct the bank to fund these projects. The board may delete projects from the list, but may not add additional projects. The State Council for Regional Development shall establish review criteria which include, but are not limited to:/
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. LANFORD proposed the following Amendment No. 10 (Doc Name P:\AMEND\JIC\5939HTC.97), which was rejected.
Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:
/(6) Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./
Renumber to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. LANFORD spoke in favor of the amendment.
Rep. LANFORD continued speaking.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Barrett Beck Boan Brown, H. Byrd Campsen Carnell Chellis Cooper Cromer Dantzler Easterday Edge Gamble Gourdine Hamilton Harrell Harrison Haskins Hinson Keegan Kelley Kinon Koon Law Leach Lee Limehouse Loftis Mason McKay McMaster Mullen Rice Riser Robinson Rodgers Sandifer Sharpe Smith, J. Smith, R. Trotter Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allison Askins Battle Bauer Baxley Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Cave Clyburn Cotty Davenport Delleney Fleming Govan Harvin Hawkins Hines, J. Hines, M. Hodges Inabinett Jordan Kennedy Kirsh Klauber Knotts Lanford Littlejohn Lloyd Mack Maddox Martin McCraw McLeod McMahand Meacham Miller Moody-Lawrence Neal Parks Phillips Pinckney Quinn Rhoad Scott Seithel Sheheen Simrill Smith, F. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Whipper Wilder Wilkes Young
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. H. BROWN continued speaking.
Rep. KEEGAN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. KELLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Battle Baxley Bowers Cave Clyburn Cooper Cotty Davenport Delleney Fleming Hawkins Hines, M. Hodges Kirsh Knotts Lanford Littlejohn Lloyd Loftis Maddox McCraw McLeod McMahand Meacham Neal Parks Phillips Pinckney Quinn Seithel Sheheen Simrill Smith, D. Smith, F. Stille Stoddard Stuart Townsend Tripp Vaughn Walker Whipper Wilder Wilkes Young
Those who voted in the negative are:
Altman Bailey Barfield Barrett Bauer Beck Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Chellis Cromer Dantzler Easterday Edge Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hines, J. Hinson Inabinett Jordan Keegan Kelley Kennedy Kinon Klauber Koon Law Leach Lee Limehouse Mack Martin Mason McKay McMaster Miller Moody-Lawrence Mullen Rhoad Rice Riser Robinson Rodgers Sandifer Scott Smith, J. Smith, R. Spearman Trotter Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was rejected.
The SPEAKER granted Rep. HAMILTON a leave of absence for the remainder of the day.
Reps. SEITHEL, QUINN, CATO, KLAUBER, ROBINSON, LITTLEJOHN, ALLISON, SHEHEEN, COBB-HUNTER, VAUGHN, TROTTER, HARVIN, TRIPP and R. SMITH proposed the following Amendment No. 29 (Doc Name P:\AMEND\KGH\15035HTC.97), which was rejected.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 1, Title 11 of the 1976 Code is amended by adding:
"Section 11-1-120. (A) There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds styled the Capital Improvement and Infrastructure Trust Fund to which must be credited recurring and other revenues as provided by law to establish a cash fund to provide for state government capital needs, including highway infrastructure needs. No more than ninety percent of fund proceeds may be expended in any one fiscal year for highway and bridge projects. Expenditures for other than highway and bridge projects may not exceed fifteen percent of fund proceeds in any one fiscal year. Projects paid for from fund proceeds must be authorized by the Commission of the Department of Transportation by resolution. The State Budget and Control Board and the Joint Bond Review Committee shall determine project priorities and authorize the scheduling of draws on the fund in the same manner that these entities conduct that process for projects funded by state capital improvement bonds. The State Budget and Control Board shall provide the necessary technical assistance to the Joint Bond Review Committee in implementing this section. Earnings on fund revenues must be retained in the fund.
(B)(1) Any general fund surplus revenues in a fiscal year not officially recognized as such by the Board of Economic Advisors is transferred to the Capital Improvement and Infrastructure Trust Fund. In addition, the revenues of one cent a gallon of gasoline taxes, as provided in Section 12-28-2720 and the phased-in revenues of motor vehicle licensing and registration as provided in Section 56-3-910 also must be transferred to the Capital Improvement and Infrastructure Trust Fund.
(2) There also may be credited to this fund:
(a) revenues contributed by political subdivisions which must be expended only on projects proposed by the contributing political subdivision;
(b) federal highway funds designated for a specific project;
(c) all savings attributable to the State Performance Audit; and
(d) a transfer from the general fund of the State equal to amounts appropriated for a fiscal year for debt service on state capital improvement bonds less than the amounts so appropriated for fiscal year 1997-98.
(C) The sources of revenue dedicated to the Capital Improvement and Infrastructure Trust Fund as provided in subsection (B)(1) may not be reduced except by separate legislation enacted solely for that purpose, passed by a vote of at least two-thirds of the entire membership of the House of Representatives and the Senate."
SECTION 2. Section 2-7-105 of the 1976 Code, as last amended by Act 33 of 1995, is further amended to read:
"Section 2-7-105. State capital improvement bonds may not be authorized by the General Assembly in odd-numbered years after June 30, 1997. Capital improvements instead may be authorized and funded pursuant to Section 11-1-120."
SECTION 3. Section 12-28-2720 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 12-28-2720. The proceeds from ten and thirty-four hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Transportation for the purpose of that department and one cent a gallon must be deposited to the credit of the Capital Improvement and Infrastructure Trust Fund."
SECTION 4. Section 56-3-910 of the 1976 Code, as amended by Section 1366, Act 181 of 1993, is further amended to read:
"Section 56-3-910. All fees and penalties collected by the department under the provisions of this chapter shall must be placed in the state general fund distributed as follows:
(1) fiscal year 1997-98, fifty percent to the general fund of the State and fifty percent to the Capital Improvement and Infrastructure Trust Fund,
(2) fiscal year 1998-99, twenty-five percent to the general fund of the State and seventy-five percent to the Capital Improvement and Infrastructure Trust Fund,
(3) fiscal years after 1998-99, one hundred percent to the Capital Improvement and Infrastructure Trust Fund."
SECTION 5. This act takes effect July 1, 1997./
Renumber sections to conform.
Amend title to conform.
Rep. SEITHEL explained the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. BOAN spoke against the amendment.
The SPEAKER granted Rep. LITTLEJOHN a leave of absence for the remainder of the day.
Rep. QUINN spoke in favor of the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Beck Boan Breeland Brown, H. Brown, T. Campsen Carnell Chellis Cromer Dantzler Edge Gamble Harrell Hines, J. Hinson Howard Inabinett Jordan Keegan Kelley Kinon Koon Law Lee Limehouse Mack Martin Mason McKay McMaster Rhoad Riser Rodgers Sandifer Scott Sharpe Smith, R. Spearman Stille Stoddard Townsend Trotter Webb Whatley Whipper Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bauer Baxley Bowers Brown, G. Brown, J. Byrd Cato Cave Clyburn Cobb-Hunter Cooper Cotty Davenport Delleney Easterday Fleming Gourdine Govan Harrison Harvin Haskins Hawkins Hines, M. Hodges Jennings Kennedy Kirsh Klauber Lanford Leach Limbaugh Lloyd Loftis Maddox McCraw McLeod McMahand Meacham Mullen Neal Parks Phillips Pinckney Quinn Rice Robinson Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Stuart Tripp Vaughn Walker Wilder Wilkes Young
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. SEITHEL spoke in favor of the amendment.
Rep. STILLE spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barrett Bauer Baxley Bowers Cato Cave Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Easterday Fleming Govan Haskins Hawkins Hines, J. Hines, M. Hodges Howard Kennedy Kirsh Klauber Lanford Leach Limbaugh Lloyd Loftis McCraw McLeod McMahand Meacham Miller Neal Phillips Quinn Rice Robinson Seithel Sheheen Simrill Smith, D. Smith, F. Stuart Tripp Trotter Vaughn Wilkes
Those who voted in the negative are:
Altman Askins Bailey Barfield Battle Beck Boan Breeland Brown, H. Brown, J. Brown, T. Campsen Carnell Chellis Cooper Dantzler Edge Gamble Gourdine Harrell Harrison Harvin Hinson Inabinett Jennings Jordan Keegan Kelley Kinon Knotts Koon Law Lee Limehouse Mack Maddox Martin Mason McKay McMaster Mullen Parks Pinckney Riser Rodgers Sandifer Scott Sharpe Smith, J. Smith, R. Spearman Stille Stoddard Townsend Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the amendment was rejected.
Rep. HARRELL moved cloture on the entire matter.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Battle Beck Boan Breeland Brown, H. Brown, J. Campsen Carnell Chellis Clyburn Dantzler Edge Gamble Harrell Harrison Harvin Hines, J. Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Law Lee Limbaugh Limehouse Lloyd Mack Maddox Martin Mason McKay McMaster Rhoad Riser Rodgers Sharpe Smith, D. Smith, R. Spearman Stille Townsend Trotter Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Barrett Bauer Baxley Bowers Brown, T. Byrd Cato Cave Cooper Cotty Cromer Davenport Delleney Easterday Fleming Govan Hawkins Hines, M. Hodges Howard Kirsh Klauber Knotts Koon Lanford Leach Loftis McCraw McLeod McMahand Meacham Miller Moody-Lawrence Neal Parks Phillips Pinckney Quinn Rice Robinson Sandifer Scott Seithel Sheheen Simrill Smith, F. Smith, J. Stoddard Stuart Tripp Vaughn Walker Webb Whipper Wilkes Young
So, the cloture was ordered.
Rep. BOAN proposed the following Amendment No. 31 (Doc Name P:\AMEND\JIC\5981HTC.97), which was tabled.
Amend the bill, as and if amended, in Section 11-42-70, as contained in SECTION 2, page 8, line 30, by striking the period and inserting /who shall receive an annual salary of fifteen thousand dollars on account of such service./
Amend title to conform.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 32 (Doc Name P:\AMEND\PT\1085HTC.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _______. Section 57-3-615 of the 1976 Code, as last amended by Act 52 of 1995, is further amended by adding a new paragraph at the end to read:
"No toll may be imposed on passage of any vehicle on federal interstate highways in this State which were in existence as of January 1, 1997, unless the imposition is otherwise affirmatively approved by the General Assembly in separate legislation enacted solely for that purpose."/
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. LANFORD proposed the following Amendment No. 33 (Doc Name P:\AMEND\JIC\5947HTC.97).
Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:
/(6) Not less than three percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census./
Renumber to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. SHEHEEN moved to divide the question, which was agreed to.
/ Not less than three percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census./
Question 1 was adopted.
In which one or more major employers has ceased operations in the area in the preceding two years. /
Rep. LANFORD moved to table the question, which was agreed to.
Rep. KELLEY moved to reconsider the vote whereby Amendment No. 32 was adopted.
Rep. TOWNSEND moved to table the motion to reconsider.
Rep. HARRELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barrett Battle Baxley Beck Brown, J. Byrd Cato Cave Clyburn Cobb-Hunter Cotty Davenport Delleney Easterday Fleming Gamble Gourdine Govan Harrison Haskins Hawkins Hines, J. Hodges Howard Inabinett Jordan Kirsh Klauber Knotts Koon Lanford Leach Lee Limbaugh Lloyd Loftis Maddox Martin McCraw McKay McLeod McMahand McMaster Meacham Moody-Lawrence Neal Parks Phillips Pinckney Quinn Rhoad Rice Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Stille Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young
Those who voted in the negative are:
Altman Barfield Bauer Boan Bowers Breeland Brown, H. Brown, T. Campsen Carnell Chellis Dantzler Edge Harrell Harvin Hines, M. Hinson Jennings Keegan Kelley Kennedy Kinon Law Limehouse Mack Mason Miller Mullen Riser Rodgers Smith, R. Spearman Stoddard Stuart Whipper Witherspoon Young-Brickell
So, the motion to reconsider was tabled.
I voted in error on the reconsideration of the TOWNSEND Amendment to require legislative approval of the tolling of existing roads. I am opposed to tolling of existing interstates.
Rep. C. ALEX HARVIN III
Rep. FLEMING proposed the following Amendment No. 34 (Doc Name P:\AMEND\PSD\7200AC.97).
Amend the bill, as and if amended, Section 11-42-70, page 8, line 6 after /House/ by inserting /, one of whom must be a representative of an upstate county with a population of 35,000 or less/.
Amend the bill further, Section 11-42-70, page 8, line 7 after /Senate/ by inserting /, one of whom must be a senator of a low country county with a population of 35,000 or less/.
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING moved to adjourn debate upon the amendment, which was adopted.
Rep. VAUGHN proposed the following Amendment No. 35 (Doc Name P:\AMEND\JIC\5982HTC.97), which was tabled.
Amend the bill, as and if amended, Section 11-42-30, as contained in SECTION 2, page 6, by inserting an appropriately-numbered item after line 30 to read:
/( ) 'Railroad Bridge Replacement Fund' means the separate accounts into which the assessments paid by railroad companies pursuant to Section 11-42-165 are paid. These accounts must be separately maintained for the assessments paid by each railroad company and may not be commingled with the assessments paid by other railroads or other bank funds./
Amend further, page 15, by inserting after line 30:
/Section 11-42-165. (A) The Department of Transportation shall survey the State and identify those bridges of the type specified below that are for motor vehicles over railroad tracks which bridges are owned by railroad companies. The bridges to be surveyed are all those that are wooden and those that are nonwooden which if built today would not meet current building code specifications in the opinion of the department. The department shall estimate the cost to replace the bridges, and shall update these estimates every three years if a bridge has not been replaced by that time and assign an order of priority for replacement. The railroad company owning these bridges shall pay into the Railroad Bridge Replacement Fund an assessment equal to the amount required to pay one hundred percent of the cost estimated as of that date by the department to replace all such bridges owned by that railroad. This assessment must be paid annually and amortized over a period of ten years and reamortized when the Department of Transportation updates its replacement cost estimates every three years. Nothing in this section eliminates a railroad company's obligation to keep its bridges in good repair.
(B) Once the department determines that sufficient funds are available for replacement of the highest priority bridge, it shall notify the board and the replacement of that bridge is deemed a qualified project for purposes of this chapter and the bridge must be replaced using proceeds of the Railroad Bridge Replacement Fund.
(C) Any federal funds which may be obtained to offset the cost of replacing such a bridge must be deducted from the total estimated replacement cost before the railroad's shares are determined. Any income earned on a railroad's assessment paid into the fund must be credited against a railroad's assessment.
(D) If all of the railroad's bridges have been replaced, and it has any assessments remaining in the fund, they must be returned to the railroad.
(E) The term 'replacement' as used herein means to completely rebuild the bridge with state-of-the-art materials, up to code specifications, but does not mean to expand the bridge to include more lanes, more capacity, or other similar design-type improvements. The cost of any such design-type improvements must be solely the responsibility of the State.
(F) The provisions of this section apply only to bridges over state roads or rights-of-way and not to bridges over local or private roads or rights-of-way. If any written contracts or agreements exist between the State and a railroad company in regard to any such bridge which imposes a greater financial obligation upon the railroad company to replace such bridge than the provisions of this section, the written contract or agreement controls.
(G) Upon a bridge being replaced as provided in this section, it must be transferred to the State by the railroad company."/
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. VAUGHN continued speaking.
Rep. KELLEY raised a Point of Order that Amendment No. 35 was not germane to the Bill in that the Bill was not designed for the replacement of railroads and railroad bridges.
Rep. VAUGHN argued contra in that the Bill sets up an infrastructure account which pays for the replacement of bridges and roads.
Rep. SEITHEL argued contra in that the amendment was germane in that the only two things that the Bill does not apply to are electricity and health care.
SPEAKER PRO TEMPORE HASKINS stated that the Bill does deal with infrastructure and the replacement of bridges. He therefore overruled the Point of Order and ruled it germane.
Rep. KELLEY spoke against the amendment.
Rep. BAILEY moved to table the amendment, which was agreed to.
Rep. COOPER moved to reconsider the vote whereby Amendment No. 29 was rejected.
Rep. STILLE moved to table the motion.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Barfield Battle Beck Boan Breeland Brown, H. Brown, T. Campsen Carnell Chellis Dantzler Edge Gamble Harrell Harrison Harvin Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Koon Lanford Law Limehouse Mack Martin Mason McKay McMaster Miller Rhoad Riser Rodgers Sandifer Sharpe Smith, R. Spearman Stille Stoddard Trotter Webb Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allison Barrett Bauer Baxley Bowers Cato Cave Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Delleney Easterday Fleming Gourdine Govan Haskins Hawkins Hines, J. Hodges Howard Kirsh Klauber Leach Lee Limbaugh Lloyd Loftis Maddox McCraw McLeod McMahand Meacham Moody-Lawrence Neal Parks Phillips Pinckney Quinn Rice Robinson Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Stuart Townsend Tripp Vaughn Walker Whatley Wilkes Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 29 was rejected.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barrett Bauer Baxley Bowers Byrd Cato Cave Cobb-Hunter Cooper Cotty Davenport Delleney Easterday Govan Haskins Hawkins Hines, J. Hodges Howard Kirsh Klauber Leach Lee Lloyd Loftis Maddox McCraw McLeod McMahand Meacham Miller Moody-Lawrence Neal Parks Phillips Pinckney Quinn Rice Robinson Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Stuart Townsend Tripp Trotter Vaughn Walker Wilkes
Those who voted in the negative are:
Altman Askins Bailey Barfield Battle Beck Boan Breeland Brown, H. Brown, J. Brown, T. Campsen Carnell Chellis Clyburn Cromer Dantzler Edge Fleming Gamble Gourdine Harrell Harrison Harvin Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Knotts Koon Lanford Law Limbaugh Limehouse Mack Martin Mason McKay McMaster Mullen Rhoad Riser Rodgers Sandifer Sharpe Smith, R. Spearman Stille Stoddard Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the motion to reconsider was rejected.
Rep. ROBINSON proposed the following Amendment No. 37 (Doc Name P:\AMEND\PT\1067HTC.97), which was adopted.
Amend the bill, as and if amended, Section 11-42-30(28), as contained in SECTION 2, page 6, line 7, by striking /bank/ and inserting / board/.
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 38 (Doc Name P:\AMEND\PT\1068HTC.97), which was adopted.
Amend the bill, as and if amended, Section 11-42-150(B)(4), as contained in SECTION 2, page 14, by striking lines 36 and 37.
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. MEACHAM moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, cloture having been ordered.
At 6:15 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Wanda Griffin Elrod of Anderson, to meet at 9:45 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 10:39 A.M.