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:
Lord of all creation, teach us to work as though everything depended upon us and pray as though everything depended upon God. Save us from making the same mistakes over and over again, from yielding to the same temptations time after time, from doing things that should be left undone until a habit is fixed that cannot be broken. Enable us to put character and duty above convenience and pleasure. Help us to shed all faults, to gain new virtues. May we feel Your presence every hour of this day so that, when evening comes, we may feel the deep contentment of work well done.
In Your mercy, Lord, hear our 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. FLEMING moved that when the House adjourns, it adjourn in memory of Tom Dillard of Jonesville, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 2057
Promulgated By Department of Natural Resources - Soil Classifiers
Statutory Authority: 1976 Code Section 40-65-70
Handling of Complaints
Received By Speaker April 3, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date August 1, 1997
(Subject to Sine Die Revision)
The following was received.
Document No. 2176
Promulgated By Department of Labor, Licensing and Regulation - Manufactured Housing Board
Statutory Authority: 1976 Code Section 40-29-50
Manufactured Homes; Practices in the Industry
Received By Speaker March 12, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date July 10, 1997
Revised July 11, 1997 (Subject to Sine Die Revision)
Senate Labor, Commerce and Industry Committee Requested Withdrawal April 2, 1997
Withdrawn and Resubmitted April 3, 1997
On motion of Rep. FLEMING, with unanimous consent, the following was taken up for immediate consideration:
H. 3831 -- Rep. Fleming: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO TYISHA ROBERTSON OF UNION HIGH SCHOOL ON THURSDAY, APRIL 24, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING GOLD AND SILVER MEDALS IN SPEED SKATING DURING THE 1997 SPECIAL OLYMPICS WORLD WINTER GAMES.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to Tyisha Robertson of Union High School on Thursday, April 24, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning gold and silver medals in speed skating during the 1997 Special Olympics World Winter Games.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3832 -- Rep. Walker: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT WHICH MAY BE ESTABLISHED UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MILITARY SERVICE WHICH MAY OTHERWISE BE ESTABLISHED INCLUDES THE PERIOD OF ENLISTMENT IN SENIOR OR ADVANCED ROTC, IF THE ENLISTEE WAS COMPENSATED FOR THIS SERVICE AND WAS SUBSEQUENTLY COMMISSIONED.
Referred to Committee on Ways and Means.
H. 3833 -- Reps. Hawkins, Altman, F. Smith, J. Smith, Maddox, Campsen, Whipper, Baxley, Bauer, Delleney, D. Smith, Beck, H. Brown, McCraw, Haskins, Fleming, Young, Felder and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-435 AND BY AMENDING SECTION 43-7-440, AS AMENDED, RELATING TO ENFORCEMENT OF A SUPERIORITY OF RIGHTS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO REQUIRE, RATHER THAN AUTHORIZE, THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN ENFORCING ITS ASSIGNMENT OR SUBROGATION RIGHTS, TO REDUCE ANY AMOUNT DUE THE DEPARTMENT BY TWENTY-FIVE PERCENT IF THE RECIPIENT OF SERVICES HAS RETAINED AN ATTORNEY TO PURSUE THE RECIPIENT'S CLAIM AGAINST A THIRD PARTY; AND TO AMEND SECTION 43-7-410, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO CONFORM THE DEFINITION OF "COMMISSION" TO GOVERNMENT RESTRUCTURING.
Referred to Committee on Judiciary.
H. 3834 -- Rep. Harrell: A BILL TO AMEND SECTIONS 12-51-90, AS AMENDED, AND 12-51-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTIONS OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT THE APPLICABLE RATE OF INTEREST DUE ON THE TAX SALE BID IS CALCULATED WITHOUT PRORATION AND TO CORRECT A REFERENCE TO THE APPLICABLE RATE OF INTEREST.
Referred to Committee on Ways and Means.
S. 264 -- Senators Lander, Bryan and Leventis: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID WITHIN FIVE WORKING DAYS OF RECEIPT OF THE REQUEST FOR FUNDS FROM THE COUNTY TREASURER .
Referred to Committee on Ways and Means.
S. 559 -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
Referred to Committee on Education and Public Works.
S. 613 -- Senators Holland and Gregory: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED IN LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA AND A CENTRALIZED MAGISTRATE'S COURT AND TO ADD A MAGISTRATE TO SERVE AS THE MAGISTRATE OF THE CENTRALIZED MAGISTRATE'S COURT.
Referred to Lancaster Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Lanford Law Leach Lee Limehouse Littlejohn Loftis Mack Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Mullen Neal Neilson Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Sheheen Simrill Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 8.
Kenneth Kennedy L. Hunter Limbaugh John G. Felder Walter P. Lloyd Doug Smith Tracy R. Edge Ronald N. Fleming Lynn Seithel Jesse Cordell Maddox, Jr. John L. Scott, Jr. Timothy C. Wilkes Richard M. Quinn, Jr. Bessie Moody-Lawrence Larry L. Koon Gilda Cobb-Hunter Charles R. Sharpe Fletcher Nathaniel Smith, Jr. J.M. Knotts, Jr. Ralph W. Canty Theodore A. Brown Jerry N. Govan, Jr.
STATEMENT FOR JOURNAL
I have been at work since 9:00 A.M. today. I would like to state for the record the reason for missing Roll Call was I was in a meeting with constituents regarding a Bill to be discussed in Judiciary Committee this afternoon regarding H. 3585 that sets caps on lawsuits brought against the State of S.C.
Rep. J.M. KNOTTS, JR.
Announcement was made that Dr. Louis Costa of Charleston is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 262 -- Senators Peeler and Setzler: A BILL TO AMEND SECTION 56-3-7860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SHRINER LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT ONLY ONE PLATE MAY BE ISSUED TO A SHRINER.
Rep. TOWNSEND explained the Bill.
The following Bill was taken up.
H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
Rep. CARNELL explained the Bill.
Rep. STODDARD 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, read the third time, and ordered sent to the Senate.
H. 3341 -- Reps. Cooper, Trotter, Sandifer, Davenport, Kelley, Young-Brickell, Quinn, Rhoad, Keegan, Barrett, Meacham, Cato and Fleming: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SONS OF CONFEDERATE VETERANS.
The motion period was dispensed with on motion of Rep. SHARPE.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, April 1, by Rep. CARNELL.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. SHEHEEN proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\20441SD.97), which was adopted.
Amend the bill, as and if amended, in Section 56-5-2953 of the 1976 Code, as contained in SECTION 3, by striking subsection (B) and inserting:
/(B) A driver under the age of twenty-one who commits a first offense violation of the provisions of subsection (A) must successfully complete a ten-hour Alcohol and Drug Safety Action Program (ADSAP) within ninety days of his conviction for the violation. Any driver who fails to successfully complete such a program within the time required shall have his driving privileges suspended for a period of one year. A driver under the age of twenty-one who commits a second or subsequent violation of the provisions of subsection (A) shall have his driving privileges suspended for one year. The suspensions provided for in this section are in addition to any other penalties provided by law."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. McLEOD proposed the following Amendment No. 4 (Doc Name P:\AMEND\PT\1127CM.97), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 6, page 3710-6, and inserting:
/SECTION 6. Section 56-1-40(1) of the 1976 Code, as last amended by Section 121D, Part II, Act 497 of 1994, is further amended to read:
"(1) who is under sixteen years of age. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department may issue a special restricted driver's license to a person who is at least fifteen years of age and less than sixteen years of age as provided in Section 56-1-180;" /
Amend further, SECTION 8, page 3710-9, line 14, by deleting /or a special restrictive license/.
Amend further, SECTION 9, page 3710-9, by deleting this SECTION in its entirety.
Amend further, SECTION 10, page 3710-10, Section 56-1-185(A), Line 42, by deleting /special restrictive/ and inserting / provisional/.
Amend further, SECTION 10, page 3710-11, Section 56-1-185, by deleting subsection (B) and inserting:
/(B) A person while operating a motor vehicle under a beginner's permit, or a provisional driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. STUART moved to table the amendment, which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 6 (Doc Name P:\AMEND\GJK\20473MM.97), which was adopted.
Amend the bill, as and if amended, in Section 56-1-50(C) as contained in SECTION 7, on line 16, page 37010-7, by striking /(D)/ and inserting /(E)/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. HASKINS spoke in favor of the Bill.
Rep. HOWARD spoke against the Bill.
Rep. WALKER spoke in favor of the Bill.
Rep. FELDER raised a Point of Order that the fiscal impact statement for H. 3710 stated that the Bill would require $52,254 in recurring funds and $10,965 in non-recurring funds. He stated that in looking at the Bill, it was referred to the Education and Public Works Committee. He further stated that under House Rule 4.4, no statewide Bill directly appropriating money shall be considered by the House until after such Bill has been referred to the Ways and Means Committee.
SPEAKER WILKINS stated that there are Bills that are passed by the House that would cost money if implemented and would require appropriated funds. He stated further that the purpose of fiscal impact statements is to inform the House on the Bill before it is passed. He stated that if Rule 4.4 is strictly construed, then any Bill that would ever cost money would always have to be referred to the Ways and Means Committee.
Rep. FELDER argued contra in that the precedence that was being set today is that it is allowing any committee of the House to pass a Bill that would have an estimated cost to the State for the first year of $94,714. He stated further that it would be an annual appropriation after that of $52,254. He inquired the purpose of the Ways and Means Committee if a recurring item like this is not going to be looked at.
SPEAKER WILKINS stated that this Point had come up before and even though the Bill has a fiscal impact statement, it did not appropriate any funds and therefore it did not violate Rule 4.4. He further stated that the intent of Rule 4.4 and 5.1 was not for every Bill that costs money to be referred to the Ways and Means Committee. He further stated that H. 3710 did not appropriate money and therefore he overruled the Point of Order.
Rep. WALKER continued speaking.
Rep. G. BROWN spoke against the Bill.
Rep. TOWNSEND moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. G. BROWN having the floor.
The Senate returned to the House with concurrence the following:
H. 3817 -- Rep. Leach: A CONCURRENT RESOLUTION HONORING AND COMMENDING MICHELIN NORTH AMERICA FOR ITS MERITORIOUS AND EXEMPLARY SERVICE TO THE PALMETTO STATE IN SETTING A STANDARD OF EXCELLENCE THROUGH THE COMPANY'S UNSOLICITED SERVICE TO THE STATE'S EDUCATIONAL SYSTEM AND ITS STUDENTS THROUGH A DRIVER'S TRAINING PROGRAM.
At 1:05 P.M. the House in accordance with the motion of Rep. FLEMING adjourned in memory of Tom Dillard of Jonesville, to meet at 10:00 A.M. tomorrow.
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