Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, we know that we frequently suffer much loss in peace and joy because we have not availed ourselves of the nourishing silence of meditation and prayer. Inspire us to see our daily responsibilities in the right perspective, and to discharge them faithfully and thus enjoy the peace and poise which comes from taking hold of our tasks and faithfully seeing them through. Forbid that we would be hesitant about what we ought to believe and what You expect of us.
Hear us, Lord God, as we pray in praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ALTMAN moved that when the House adjourns, it adjourn in memory of Charlie Hall of Charleston, which was agreed to.
The following was received.
TO: The Honorable Sandra McKinney
FROM: Barbara M. Coleman, Executive Secretary
DATE: February 19, 1997
RE: Newly Elected Officers
The following officers have been elected to the Medical, Military, Public and Municipal Affairs Committee for 1997-98 legislative session:
Chairman: Joe E. Brown
1st Vice Chairman: Donny Wilder
2nd Vice Chairman: Leon Howard
3rd Vice Chairman: Bradley L. Jordan
Secretary: Floyd Breeland
Received as information.
The following was introduced:
H. 3496 (Word version) -- Reps. Young, Woodrum, G. Brown, Canty, Neal and Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ALEXANDER BRODY OF SUMTER AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3497 (Word version) -- Reps. Jennings, Baxley, Young, Bailey, Whatley, M. Hines, Scott, J. Hines, G. Brown, Young-Brickell, F. Smith, J. Smith, Cobb-Hunter, Whipper, Neilson, Clyburn, Knotts, Beck, Kinon, Stuart, R. Smith, Cato, Davenport, Riser, Chellis, Wilder, Moody-Lawrence, Bauer, Lloyd, Law, Battle, Meacham, Lanford, Maddox, Seithel, Martin, Jordan and Harrell: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION AND CIVIC AND COMMUNITY SERVICE ORGANIZATIONS TO IMPLEMENT AND TEACH THE EDDIE EAGLE ELEMENTARY GUN SAFETY EDUCATION PROGRAM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3498 (Word version) -- Reps. Knotts, Kennedy, Cobb-Hunter, Govan, Inabinett, Neal, Lanford, Whatley, McCraw, Bailey, Chellis, Young, Harrell, Scott, Simrill, Wilkins, Clyburn, Harrison, J. Smith, Riser, Altman, Fleming, Haskins, Tripp, Davenport, Keegan, Delleney and Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-765 SO AS TO AUTHORIZE THE TRANSFER OF ANNUAL LEAVE AND SICK LEAVE BETWEEN SPOUSES WHEN BOTH ARE EMPLOYED BY STATE AGENCIES SUBJECT TO THE TERMS AND CONDITIONS OF THE STATE EMPLOYEE LEAVE-TRANSFER PROGRAM.
Referred to Committee on Ways and Means.
H. 3499 (Word version) -- Reps. Knotts, Whatley, Cobb-Hunter, Neal, Kennedy, Govan, Lanford, Fleming, Simrill, Bailey, Altman, Stille, Harrell, Young, Sandifer, McCraw, Clyburn, Wilkins, Scott, Chellis, Davenport, Harrison, D. Smith, Riser, Webb, Barrett, Tripp, Klauber, J. Smith, Keegan, Delleney, Bauer, Campsen, Hawkins, McMaster and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-45 SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER RESPONDS TO A DISTRESS CALL IN A NEIGHBORING JURISDICTION, THE AUTHORITY, RIGHTS, PRIVILEGES, AND IMMUNITIES THAT APPLY TO AN OFFICER WITHIN THE JURISDICTION IN WHICH HE IS EMPLOYED, ARE EXTENDED TO AND INCLUDE THE NEIGHBORING JURISDICTION.
Referred to Committee on Judiciary.
H. 3500 (Word version) -- Reps. Young-Brickell, F. Smith, Keegan, Simrill, Mason, Bailey, Maddox, Chellis, Knotts, Cooper, Robinson, Neilson, Gamble, Kirsh, Stille, Davenport, Meacham, Sandifer, McKay, Martin, Baxley, Barfield, Edge, Jordan and Tripp: A BILL TO AMEND SECTION 4-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT THE TERMS OF OFFICE OF COUNTY OFFICERS COMMENCE, SO AS TO DELETE THE REQUIREMENT THAT THE TERMS OF OFFICE OF COUNTY AUDITORS AND COUNTY TREASURERS COMMENCE ON THE FIRST DAY OF JULY NEXT FOLLOWING THEIR ELECTION AND PROVIDE THAT THOSE TERMS COMMENCE ON THE FIRST TUESDAY IN JANUARY NEXT AFTER THEIR ELECTION.
Referred to Committee on Judiciary.
H. 3501 (Word version) -- Reps. Young, Limehouse, Seithel, Meacham, Leach, Harvin, McCraw, Woodrum, Simrill, Inabinett, Neal, Canty, Chellis, R. Smith, Knotts, J. Hines, Davenport, Phillips, Littlejohn, Riser and Battle: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS AND BOARDING HOUSES BY ADDING CHAPTER 11 SO AS TO PROVIDE DEFINITIONS AND TO PROVIDE FOR THE REGULATION OF BED AND BREAKFAST ESTABLISHMENTS IN THIS STATE.
Referred to Committee on Labor, Commerce and Industry.
H. 3502 (Word version) -- Judiciary Committee: A BILL 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.
Without reference.
H. 3503 (Word version) -- Reps. Tripp, Maddox, R. Smith, Wilder, Jordan, Townsend, Seithel, Baxley, Moody-Lawrence, Sandifer, Cobb-Hunter, Spearman, Askins, Neilson, Leach, Kennedy, Mason, Barrett, Inabinett, Hamilton, Knotts, Edge, Bailey, Cooper, Govan, Scott, Law, Hodges, Altman, Hawkins, Rice, Chellis, Stille, Neal, Kinon, Stoddard, Fleming, Miller, Robinson, D. Smith, Klauber, Carnell, Trotter, Lee, Martin, Whatley, Limehouse, Quinn, McMaster, Cato, Allison, Webb, Riser, Dantzler, Loftis, Lanford, Young-Brickell, Witherspoon, Harrell, Cromer, Harrison, Kelley, Gamble, Limbaugh, Parks, Keegan, Meacham, Simrill, Lloyd, McKay, McLeod, Harvin, Sharpe, Kirsh, Vaughn, J. Hines, McCraw, Bauer, Littlejohn, Jennings, Beck, Hinson, Battle and Davenport: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13, CHAPTER 13, TITLE 8 FROM JULY 1, 1996, WHEN THE FIRST REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.
Rep. HARRISON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. EASTERDAY objected.
Referred to Committee on Judiciary.
H. 3504 (Word version) -- Reps. Limehouse, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, H. Brown, J. Brown, Byrd, Cato, Chellis, Cotty, Davenport, Felder, Fleming, Harrell, Harvin, J. Hines, Howard, Inabinett, Keegan, Kelley, Kinon, Lanford, Law, Leach, Littlejohn, Lloyd, Loftis, Mason, McMahand, Miller, Mullen, Quinn, Rhoad, Rice, Riser, Rodgers, Seithel, Sharpe, F. Smith, R. Smith, Spearman, Stille, Tripp, Vaughn, Whatley, Whipper, Wilder, Witherspoon and Young: A BILL TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-270, AS AMENDED, RELATING TO THE RECEIPT, DEPOSIT, AND USE OF FEES RECEIVED UNDER THE COASTAL FISHERIES LAWS, SO AS TO FURTHER PROVIDE FOR SUCH RECEIPT, DEPOSIT, AND USE; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO EXEMPT FISHERMEN FISHING FOR CRABS WITH ANY GEAR OTHER THAN A WIRE TRAP OR POT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, H. Brown, J. Brown, T. Campsen Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Moody-Lawrence Mullen Neilson Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, February 20.
Grady A. Brown Glenn Lewis Hamilton James N. Law Vida Osteen Miller Marion P. Carnell Wilbur L. Cave Douglas Jennings, Jr. Steve P. Lanford Ralph W. Canty Larry L. Koon Joseph H. Neal Alma W. Byrd William D. Boan John G. Felder
Announcement was made that Dr. J. Rutledge Lawson of Spartanburg is the Doctor of the Day for the General Assembly.
Rep. MEACHAM presented the Fort Mill School Marching Band, the 1996-97 South Carolina AAA State Band Marching Champions, their directors and other school officials.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 347 (Word version) -- 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.
H. 3459 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM ELECTRONIC BENEFITS TRANSFER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CAVE explained the Joint Resolution.
H. 3317 (Word version) -- Reps. Bailey, Young-Brickell, Allison, Altman, Askins, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Inabinett, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw, McLeod, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice,
Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-405 SO AS TO PROVIDE REIMBURSEMENT TO A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY FOR COSTS EXPENDED ON A LAW ENFORCEMENT OFFICER ATTENDING THE MANDATORY TRAINING PROGRAM REQUIRED PURSUANT TO THE PROVISIONS OF CHAPTER 6, TITLE 23.
Rep. KLAUBER explained the Bill.
On motion of Rep. SANDIFER, with unanimous consent, it was ordered that S. 347 (Word version) be read the third time tomorrow.
On motion of Rep. CAVE, with unanimous consent, it was ordered that H. 3459 (Word version) be read the third time tomorrow.
On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 3317 (Word version) be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered sent to the Senate. H. 3235 (Word version) -- Reps. D. Smith, Cromer, Knotts, Maddox, Young, Limbaugh, Scott, Cotty, McMaster, Klauber, Jennings, Baxley, Fleming, Govan, Altman, Delleney, Hodges, Campsen, Harrison and Simrill: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
The following Joint Resolution was taken up.
H. 3467 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2045, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Tuesday, February 25, which was adopted.
The following Bill was taken up.
H. 3287 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PREPAID LEGAL INSURANCE.
Rep. MASON explained the Bill.
Reps. WHIPPER, SCOTT, MACK, M. HINES, McMAHAND and BREELAND objected to the Bill.
Reps. CATO, SEITHEL, KNOTTS, SHARPE, EASTERDAY and LOFTIS requested debate on the Bill.
The following Bill was taken up.
H. 3299 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".
Rep. WHIPPER 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. 3342 (Word version) -- Reps. Sandifer, Cotty, Fleming, Cato, Trotter, Cooper, Robinson, Rice, Barrett, Martin and Klauber: A BILL TO AMEND SECTION 33-19-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SHARES BY A PROFESSIONAL CORPORATION, SO AS TO ALLOW FOR ISSUANCE OF SHARES TO AN EMPLOYEE NOT LICENSED TO PRACTICE THE PROFESSIONAL SERVICES OF THE CORPORATION UNDER CERTAIN CONDITIONS.
Rep. SCOTT 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. 3233 (Word version) -- Rep. Cromer: A BILL TO AMEND ARTICLE 17, CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPLANATIONS OF PROPOSED CONSTITUTIONAL AMENDMENTS, SO AS TO INCLUDE PROCEDURES FOR EXPLANATIONS OF STATE AND LOCAL REFERENDUM QUESTIONS WHEN DEEMED NECESSARY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20055SD.97), which was adopted.
Amend the bill, as and if amended, in Section 7-13-2110 of the 1976 Code as contained in SECTION 1, page 3, line 36, by striking /and effect/ and inserting /and effect, effect and fiscal impact/
When amended Section 7-13-2110 of the 1976 Code shall read:
"Section 7-13-2110. In addition to all other requirements of law and the Constitution of this State, when any proposed amendment to the Constitution or a state or local referendum question is submitted to the electorate for approval or disapproval in the a general election or referendum and the proposed amendment or question is of such nature that it might not be clearly understood by the voters, a simplified or, when appropriate, more detailed explanation of the meaning and effect, effect and fiscal impact of such amendment or referendum question shall be placed upon the ballot along with the proposed amendment or referendum question. When mechanical devices for voting are used, printed copies of such explanation shall be made available at each voting precinct. The provisions of this section shall apply only to statewide amendments do not apply to referendums conducted by a political party in conjunction with its primary elections."
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 3233 (Word version) be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 3474 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL DEVELOPMENT OPPORTUNITIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1985, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up.
H. 3481 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PERSONNEL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution 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 SPEAKER granted Rep. PARKS a leave of absence for the remainder of the day.
The following Joint Resolution was taken up.
H. 3482 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE DISBURSEMENT OF FUNDS FOR TRAINABLE AND MENTALLY HANDICAPPED STUDENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up.
H. 3479 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING INVENTORIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up.
H. 3480 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO AUDITS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up.
H. 3477 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1993, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up.
H. 3478 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FINANCIAL REPORTS AND STATEMENTS (REPEAL), DESIGNATED AS REGULATION
DOCUMENT NUMBER 1994, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up.
H. 3475 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1991, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up.
H. 3476 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1992, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution 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.
Rep. EASTERDAY asked unanimous consent to recall H. 3503 (Word version) from the Committee on Judiciary.
Rep. T. BROWN objected.
The motion period was dispensed with on motion of Rep. CATO.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3272 (Word version) -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.
Rep. CATO moved to adjourn debate upon the Bill until Tuesday, February 25, which was adopted.
Rep. SCOTT moved that the House do now adjourn. Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bowers Breeland Brown, H. Carnell Cave Hines, J. Hines, M. Hodges Mack Pinckney Scott Trotter Whipper
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, G. Brown, J. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Lloyd Loftis Maddox Mason McCraw McKay McLeod McMaster Miller Moody-Lawrence Mullen Neal Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to adjourn.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, February 25, which was adopted.
H. 3101 (Word version) -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.
The following Bill was taken up. H. 3240 (Word version) -- Reps. Spearman, Wilkins, Beck, Edge, Altman, Bauer, Barfield, Barrett, Knotts, Rice, Harrell, Young-Brickell, Meacham, Limehouse, Klauber, Young, Sandifer, Mullen, Stuart, McCraw, Harrison, Mason, Allison, Davenport, Townsend, Martin, Kelley, Riser, Witherspoon, Hawkins, Keegan, Campsen, Rodgers, Chellis and Seithel: A BILL TO ENACT "THE SOUTH CAROLINA SCHOOL SAFETY ACT OF 1997" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO PROVIDE THAT IF A STUDENT COMMITS AN ASSAULT AND BATTERY THAT IS NOT AGGRAVATED ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANY PERSON AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY, THE STUDENT IS GUILTY OF THE CRIME OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO JUVENILE DETENTION PROCEDURES, SO AS TO AUTHORIZE A CHILD TO BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY IF THE CHILD COMMITS AN ASSAULT AND BATTERY OF ANY KIND ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANYONE AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY; TO AMEND SECTION 22-3-560, RELATING TO A MAGISTRATE'S AUTHORITY TO PUNISH ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE AND EXCEPTIONS THERETO, SO AS TO PROVIDE THAT AN ASSAULT AND BATTERY ON SCHOOL PERSONNEL SHALL BE PUNISHED AS PROVIDED IN SECTION 16-3-612; TO ADD SECTION 59-63-370 SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO NOTIFY CERTAIN SCHOOL ADMINISTRATORS AND TEACHERS OF A STUDENT'S CONVICTION OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL OR OF ANY VIOLENT CRIME; TO ADD SECTION 59-63-380 SO AS TO GRANT CIVIL AND CRIMINAL IMMUNITY TO PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY MAKING A REPORT OF A SCHOOL-RELATED CRIME IN GOOD FAITH; AND TO ADD SECTION 59-63-390 SO AS TO REQUIRE THE SENIOR ADMINISTRATOR OF EACH SCHOOL TO INCLUDE A SUMMARY OF THE SCHOOL CRIME REPORT ACT AND THE PROVISIONS OF SECTION 16-3-612 IN THE SCHOOL'S STUDENT HANDBOOK EACH YEAR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20052SD.97), which was adopted.
Amend the bill, as and if amended, by striking Section 16-3-612 of the 1976 Code as contained in SECTION 2 and inserting:
/Section 16-3-612. If any person commits an assault and battery, other than one that is aggravated, on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teacher's assistants, student teachers, custodial staff, food service staff, or volunteers, that person is guilty of the crime of assault and battery on school personnel which is a misdemeanor and, upon conviction, the person shall be punished by a term of imprisonment for not more than twelve months or by a fine of not more than one thousand dollars, or both.
For purposes of this section, 'school' includes, but is not limited to, a public or private school that contains any grades of kindergarten through twelfth grade, public or private colleges, and universities, and any vocational, technical, or occupational school./
Amend further, as and if amended, by striking subsection (B) of Section 20-7-7210 of the 1976 Code, as contained in SECTION 3 and inserting:
/(B) A child is eligible for detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies; and:
(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order.;
(7) has no suitable alternative placement and it is determined that detention is in the child's best interest or is necessary to protect the child or public, or both.;
(8) commits an assault and battery of any kind on school grounds or at a school-sponsored event against any person.
A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge who may establish conditions for the release./
Amend further, as and if amended, in Section 22-3-560 of the 1976 Code, as contained in SECTION 4, by striking /two hundred/ on page 3, line 30, and inserting /two hundred five hundred/
When amended Section 22-3-560(B) of the 1976 Code shall read:
/Section 22-3-560. Magistrates may punish by fine not exceeding two hundred five hundred dollars or imprisonment in the jail or house of correction for a term not exceeding thirty days, or both, all assaults and batteries and other breaches of the peace when the offense is not an assault and battery on school personnel under Section 16-3-612 nor of a high and aggravated nature requiring, in their judgment or by law, greater punishment./
Amend further, as and if amended by striking Section 59-63-370 of the 1976 Code and inserting:
/Section 59-63-370. Notwithstanding any other provision of law:
(1) When a student convicted or adjudicated delinquent of the offense defined in Section 16-3-612 or a violent offense defined in Section 16-1-60 is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Pardon and Parole, that agency is required to provide immediate notice of that student's conviction to the senior administrator of the school in which the student is enrolled or intends to be enrolled. These agencies are authorized to request information concerning school enrollment from the students convicted or adjudicated delinquent of the offense defined in Section 16-3-612 or a violent offense defined in Section 16-1-60.
(2) When a student convicted or adjudicated delinquent of the offense defined in Section 16-3-612 or a violent offense defined in Section 16-1-60 is not sentenced to incarceration or probation, the presiding judge shall order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record.
(3) An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled.
(4) If a student is convicted or adjudicated delinquent of the offense defined in Section 16-3-612 or a violent offense defined in Section 16-1-60, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. ALTMAN proposed the following Amendment No. 2 (Doc Name P:\AMEND\PSD\7077AC.97), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, section 16-3-612, page 3240-1, line 34, by deleting /or volunteers,/ and inserting /volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons,/
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
Rep. ALTMAN proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\20132AC.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . The 1976 Code is amended by adding:
"Section 59-63-375. A person who pleads or is found guilty, pursuant to Section 16-3-612, who is a student in a public school or who was a student at a public school at the time of the offense must be expelled permanently from the public schools of this State.
However, after the passage of twelve months from the date of the guilty plea or conviction, the former student may make application to the appropriate board for reinstatement, and that board may readmit the former student to school upon terms and conditions as the board find appropriate. If the appropriate school board readmits the former student that student in no case may be readmitted to any school where the student's victim is employed or assigned."/
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. JENNINGS spoke against the amendment and moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Edge Felder Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. 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 Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I would have voted in favor of H. 3240 because I was with the Fort Mill marching band in the Governor's Office.
Rep. BECKY MEACHAM
I support the "South Carolina School Safety Act of 1997," however, having stepped out of the Chambers momentarily, I missed the vote whereby it passed. I believe our schools should be a peaceful place of learning, allowing our teachers the freedom to educate and our children the opportunity to learn in a safe environment. While creating such an atmosphere, we need to strictly discipline those who would obstruct such an endeavor.
Rep. MICHAEL E. EASTERDAY
On motion of Rep. JENNINGS, with unanimous consent, it was ordered that H. 3240 (Word version) be read the third time tomorrow.
Rep. HARRELL moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3505 (Word version) -- Reps. Stuart, Townsend and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3495 SO AS TO PROVIDE A CREDIT AGAINST THE CORPORATE INCOME TAX FOR A PORTION OF THE DIRECT PAYROLL EXPENDITURE OF A MANUFACTURER FOR HIRING A STUDENT IN A PUBLIC SECONDARY EDUCATION "SCHOOL TO WORK" PROGRAM.
Referred to Committee on Ways and Means.
H. 3506 (Word version) -- Reps. Wilkins, Sharpe, Cobb-Hunter, Harrison, Cooper, Campsen and Hodges: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND AGENCIES, BOARDS, AND COMMISSIONS TRANSFERRED TO THE DEPARTMENT PURSUANT TO THE GOVERNMENT RESTRUCTURING ACT OF 1993, SO AS TO PROVIDE THAT THE COASTAL COUNCIL MAY BE RELOCATED WITHIN THE DEPARTMENT BUT MUST CONTINUE AS AN ORGANIZATIONAL UNIT AND AT OR ABOVE THE BUREAU LEVEL.
Referred to Committee on Judiciary.
H. 3507 (Word version) -- Reps. Clyburn, Rhoad, Cromer, Limehouse, J. Brown, Cave and Scott: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO HAVE CANDIDATES FOR THE HOUSE OF REPRESENTATIVES AND SENATE FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION INSTEAD OF THE COUNTY EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTY.
Referred to Committee on Judiciary.
H. 3508 (Word version) -- Reps. Wilkins, Whatley, Rhoad, Stoddard, Knotts, Limehouse, H. Brown, Askins, Seithel, Harvin, Tripp, Campsen, Dantzler, Law, Kennedy, Haskins, Cotty, Young-Brickell, Cato, R. Smith, Cooper, Sharpe, Moody-Lawrence, Chellis, Cobb-Hunter, McCraw, Loftis, Bailey, Harrison, Phillips, Easterday, Keegan, J. Brown, Kinon, Gourdine, Mason, Altman, Battle, Allison, Robinson, Koon, Simrill, Mullen, Stuart, Bowers, Spearman, Boan, Riser, McMaster, Klauber, Jordan, Walker, Rodgers, Witherspoon, G. Brown, Lanford, Harrell, Davenport, Littlejohn and Rice: A JOINT RESOLUTION TO CREATE THE STROM THURMOND MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Referred to Committee on Education and Public Works.
H. 3509 (Word version) -- Reps. Hawkins, Wilder, Fleming, Cooper, Vaughn, Allison, Townsend, Littlejohn, Stille, Lee, Davenport, Maddox, Martin and Jordan: A BILL TO AMEND SECTION 12-37-935, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM DEPRECIATION ALLOWED FOR PURPOSES OF THE PROPERTY TAX AND THE REIMBURSEMENT TO LOCAL TAXING ENTITIES FROM THE DEPRECIATION PROPERTY TAX REIMBURSEMENT FUND, SO AS TO PROVIDE FOR REIMBURSEMENT TO LOCAL TAXING ENTITIES FOR THE ADDITIONAL DEPRECIATION ALLOWED FOR EQUIPMENT USED IN THE MANUFACTURE OF TIRES BY MANUFACTURERS WHO EMPLOY MORE THAN FIVE THOUSAND EMPLOYEES AND HAVE OVER ONE BILLION DOLLARS IN CAPITAL INVESTMENT IN THIS STATE.
Referred to Committee on Ways and Means.
H. 3511 (Word version) -- Reps. Miller, Cobb-Hunter, Bailey, T. Brown, McLeod, Whipper, Moody-Lawrence, Mack, Rodgers, Mullen, Battle, Pinckney and Bowers: A JOINT RESOLUTION TO ALLOW LOCAL GOVERNING BODIES WHICH ENACTED, COLLECTED, AND HELD IN ESCROW FEES ON TRANSFERS OF REAL ESTATE TO USE THOSE FUNDS FOR THE PURPOSES FOR WHICH THE FEES WERE ORIGINALLY INTENDED.
Referred to Committee on Ways and Means.
On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:
H. 3510 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 23, 1997, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and
Whereas, the winners of the 1997 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 1997 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly invite the winners of the 1997 South Carolina Folk Heritage Awards and the members of the 1997 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 23, 1997, and that the members of the General Assembly recognize and commend the 1997 South Carolina Folk Heritage Award winners for their outstanding contributions to folk art in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3495 (Word version) -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 25, 1997 "YORK COUNTY DAY".
H. 3496 (Word version) -- Reps. Young, Woodrum, G. Brown, Canty, Neal and Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ALEXANDER BRODY OF SUMTER AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 11:20 A.M. the House in accordance with the motion of Rep. ALTMAN adjourned in memory of Charlie Hall of Charleston, to meet at 10:00 A.M. tomorrow.
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