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 and eternal God, look with favor upon all who serve in this South Carolina House of Representatives and with all others related to their work. Grant us wisdom to walk worthily in Your ways. Direct our decisions and elevate our endeavors. Grant to us the art of cheerful and contented living which comes when we have learned to take things as they are and let go of them when they depart. Let not any pettiness or any prejudice get in the way of our accomplishments of Your ways and wishes. Make of us channels through which peace and goodwill flow.
Thank You, Lord, for the 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 yesterday, the SPEAKER ordered it confirmed.
Rep. ALTMAN moved that when the House adjourns, it adjourn in memory of Honorable Bernard M. Roper, former Mayor of Seabrook Island, which was agreed to.
The following was received.
Columbia, S.C., March 10, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, O'Dell and Alexander of the Committee of Conference on the part of the Senate on S. 567:
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 10, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that both Houses having adopted the report of the Committee of Free Conference on S. 461:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 482 -- Senator Ryberg: A BILL TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DEFENDERS, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS MAY RESIDE OUTSIDE OF THE COUNTY OR THE DEFENDER CORPORATION AREA IN WHICH THEY SERVE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4611 -- Rep. Beck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-1000 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A MUNICIPALITY MAY POOL ITS PRECINCTS FOR MUNICIPAL ELECTIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4596 -- Reps. Harrison and Cromer: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO MEET AT SUCH TIMES AS IT CONSIDERS NECESSARY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4646 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455 SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET, AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.
Ordered for consideration tomorrow.
The following was introduced:
H. 4780 -- Reps. G. Brown, Whipper and J. Hines: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE REVEREND BERT D. LEWIS, SR., OF BISHOPVILLE IN LEE COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 4781 -- Reps. Delleney, D. Smith, Canty, Cooper, Haskins and Lee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MARCH 18, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE ADMINISTRATIVE LAW DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997; AND TO ELECT A SUCCESSOR TO A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRED AUGUST 31, 1997.
Whereas, the elections for certain judicial offices were originally scheduled to be filled by the General Assembly on June 17, 1997; and
Whereas, since that time several additional judicial offices have been created which need to be filled; and
Whereas, now the terms for many other judicial offices are expiring this year and need to be filled. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, March 18, 1998, at 12:00 noon to elect a successor to the Honorable James E. Moore, Associate Justice of the Supreme Court, whose term expires July 31, 1998; to elect a successor to the Honorable Ralph K. Anderson, Jr., Judge of the Court of Appeals, Seat 9, whose term expires June 30, 1998; to fill the office of Judge of the First Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Rodney A. Peeples, Judge of the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas W. Cooper, Jr., Judge of the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Paul M. Burch, Judge of the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Don S. Rushing, Judge of the Sixth Judicial Circuit, whose term expires June 30, 1998; to elect a successor to the Honorable Tom J. Ervin, Judge of the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Henry F. Floyd, Judge of the Thirteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Thirteenth Judicial Circuit, Seat 4, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Sidney T. Floyd, Judge of the Fifteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable John C. Hayes III, Judge of the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Sixteenth Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Alvin C. Biggs, Judge of the Family Court for the First Judicial Circuit, Seat 2, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the First Judicial Circuit, Seat 3, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Peter R. Nuessle, Judge of the Family Court for the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Ruben L. Gray, Judge of the Family Court for the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Roger E. Henderson, Judge of the Family Court for the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable H. Bruce Williams, Judge of the Family Court for the Fifth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Donna S. Strom, Judge of the Family Court for the Fifth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas E. Foster, Judge of the Family Court for the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 2001; to elect a successor to the Honorable Stuart H. Hall, Judge of the Family Court for the Seventh Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable John M. Rucker, Judge of the Family Court for the Eighth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable William K. Charles, Jr., Judge of the Family Court for the Eighth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable F.P. Segars-Andrews, Judge of the Family Court for the Ninth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Judy Cone Bridges, Judge of the Family Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Ninth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Franklin McClain, Judge of the Family Court for the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Robert H. Cureton, Judge of the Family Court for the Tenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable W. Frank Rogers, Jr., Judge of the Family Court for the Eleventh Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Wylie H. Caldwell, Jr., Judge of the Family Court for the Twelfth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Amy C. Sutherland, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Alvin D. Johnson, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Thirteenth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Jane Dowling Fender, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable Donald A. Fanning, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable Lisa A. Kinon, Judge of the Family Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable John S. Flynn, Judge of the Family Court for the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; and to elect a successor to the Honorable Ray N. Stevens, Judge of the Administrative Law Division, Seat 5, whose term expires June 30, 1998.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Be it further resolved that immediately following the elections for the judicial offices, the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, March 18, 1998, to elect a successor to The Honorable Dill Blackwell, Chairman of the Legislative Audit Council, whose term expired on May 10, 1997.
Be it further resolved that immediately following the election for the Legislative Audit Council, the House of Representatives and the Senate meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, March 18, 1998, to elect a successor to a member of the South Carolina Consumer Affairs Commission for Seat 1, so as to fill the term which expired August 31, 1997.
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. 4782 -- Reps. Baxley, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 4, 1998, BY THE STUDENTS OF WASHINGTON STREET ELEMENTARY SCHOOL IN DARLINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO THE SEWAGE SYSTEM MALFUNCTIONING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN FOR FULL SCHOOL DAYS MISSED.
On motion of Rep. BAXLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4783 -- Reps. Klauber, Hawkins and Barrett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-125 SO AS TO PROVIDE THAT A PRISONER SHALL NOT INITIATE A CIVIL ACTION OR APPEAL A JUDGMENT UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-27-160 SO AS TO PROVIDE THAT A COMPLAINT FILED BY A PRISONER MUST CONTAIN HIS INMATE NUMBER; BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS CERTAIN CIVIL ACTIONS AGAINST A WITNESS OR VICTIM WHEN A PRISONER FAILS TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO REVISE THE TYPE OF CASES IN WHICH A PRISONER ALL OR PART OF HIS WORK, EDUCATION, OR GOOD CONDUCT CREDITS; AND TO AMEND SECTION 24-27-300, RELATING TO HOLDING A PRISONER IN CONTEMPT OF COURT, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PRISONER MAY BE HELD IN CONTEMPT OF COURT AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND THE INSURANCE RESERVE FUND SHALL MAINTAIN A DATABASE OF PRISONERS WHO FILE CIVIL ACTIONS.
Referred to Committee on Judiciary.
H. 4784 -- Reps. McKay, Meacham, Wilkes, Fleming, McGee, Bauer, Rodgers, Lanford, Kelley, Walker, H. Brown, Limehouse, Boan, Kinon, Harrell, Quinn, D. Smith and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-110, SO AS TO ESTABLISH WITHIN THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE A GRANTS PROGRAM FOR AIRPORT IMPROVEMENTS, TO PROVIDE THAT GRANTS MUST BE MADE FROM THE STATE AVIATION FUND SOLELY FOR THE PURPOSES OF THIS PROGRAM, TO PROVIDE THOSE AIRPORTS ELIGIBLE FOR GRANTS AND DIRECT THE SECRETARY OF COMMERCE TO PROMULGATE REGULATIONS ESTABLISHING THE PROGRAM AND ITS FUNDING CRITERIA, PRIORITIES, AND SELECTION PROCESS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL USED BY COMMERCIAL AIRCRAFT; AND TO AMEND SECTION 55-5-280, RELATING TO THE STATE AVIATION FUND, SO AS TO ADD TO THE FUND TAX REVENUES ON JET FUEL AND OTHER COMMERCIAL AIRCRAFT FUEL AND TO REQUIRE REVENUES OF THE FUND TO BE USED ONLY FOR THE GRANTS PROGRAM ESTABLISHED BY THIS ACT.
Referred to Committee on Ways and Means.
H. 4785 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 33-42-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL OF A LIMITED PARTNER FROM A LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT A LIMITED PARTNER MAY WITHDRAW ONLY AT THE TIME OR UPON THE HAPPENING OF EVENTS SPECIFIED IN A WRITTEN PARTNERSHIP AGREEMENT.
Referred to Committee on Judiciary.
H. 4786 -- Reps. Leach, Altman, Hinson, Easterday, Hawkins, Hamilton, Vaughn, Stille, Cato, Littlejohn and Riser: A BILL TO AMEND SECTION 41-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "SOUTH CAROLINA PRIVATE PERSONNEL PLACEMENT SERVICES ACT", SO AS TO DELETE THE EXCLUSION OF "TEMPORARY HELP SERVICES" AND TO ADD "TEMPORARY PERSONNEL PLACEMENT SERVICES OR TEMPORARY HELP SERVICES" TO THE DEFINITION OF "PRIVATE PERSONNEL PLACEMENT SERVICE" FOR COVERAGE UNDER THE ACT.
Referred to Committee on Labor, Commerce and Industry.
H. 4787 -- Reps. Klauber, McLeod, J. Smith, McAbee, Harrison, Hawkins and Kinon: A BILL TO AMEND CHAPTER 17, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD MUSEUM AND STATE WEAPONS COLLECTION SO AS TO CHANGE ITS NAME TO THE SOUTH CAROLINA MILITARY MUSEUM, RENAME AND REVISE ITS GOVERNING BOARD, AND MAKE OTHER REQUIRED CONFORMING AMENDMENTS.
Referred to Committee on Judiciary.
H. 4788 -- Rep. McAbee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAXATION AND ASSESSMENT RATIOS FOR PROPERTY, SO AS TO ALLOW THE ASSESSMENT OF A PRIVATE PASSENGER MOTOR VEHICLE AT THE RATE OF SIX PERCENT OF ITS FAIR MARKET VALUE AND TO PROHIBIT AN INCREASE IN THE ASSESSMENT RATIO ON A PRIVATE PASSENGER MOTOR VEHICLE BY THE GENERAL ASSEMBLY UNLESS IT REQUIRES THE POLITICAL SUBDIVISIONS RECEIVING THE INCREASED REVENUE TO USE IT FOR A SPECIFIC DESIGNATED PURPOSE.
Rep. McABEE asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. QUINN objected.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4789 -- Rep. Hawkins: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO MR. JOHN WHITE OF SPARTANBURG, OWNER OF THE BEACON DRIVE-IN RESTAURANT FOR FIFTY-TWO YEARS, FOR HIS OUTSTANDING SERVICE TO THE CITIZENS OF SPARTANBURG AND VISITORS FROM ALL OVER THE UNITED STATES, AND CONGRATULATING HIM FOR HIS OPENHANDED, GENEROUS SPIRIT THAT HAS BECOME INGRAINED IN SPARTANBURG'S CULTURE, ON THE OCCASION OF HIS RETIREMENT ON MAY 1, 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Leach Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Mullen Neilson Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, March 11.
Curtis B. Inabinett Merita A. Allison James N. Law Alfred B. Robinson, Jr. Brenda Lee Bessie Moody-Lawrence Clementa C. Pinckney W. Jeffrey Young John G. Felder Alma W. Byrd Wilbur L. Cave Joseph H. Neal Gilda Cobb-Hunter Ralph W. Canty Theodore A. Brown Larry L. Koon
LEAVES OF ABSENCE
The SPEAKER granted Rep. CARNELL a leave of absence for the day.
The SPEAKER granted Rep. MILLER a leave of absence for the day due to illness.
Rep. BREELAND signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 10.
Announcement was made that Dr. Thomas C. Rowland of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3344
DATE REMOVE:
3/10/98 Robert W. Leach
3/10/98 Dwight A. Loftis
3/10/98 Glenn Lewis Hamilton
Bill Number: H. 4360
DATE REMOVE:
3/11/98 Robert E. Walker
3/11/98 Merita A. Allison
Bill Number: H. 4695
DATE ADD:
3/11/98 Edith Martin Rodgers
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4745 -- Reps. R. Smith, Beck, Mason, Clyburn and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON OCTOBER 22, 1997, BY THE STUDENTS OF MIDLAND VALLEY HIGH SCHOOL OF AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A MAJOR BREAKDOWN OF AN ELECTRICAL TRUNK FEEDER LINE INTO THE SCHOOL IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4753 -- Rep. Cave: A BILL TO AMEND SECTION 7-7-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN ALLENDALE COUNTY, SO AS TO DELETE THE SPECIFIC POLLING PLACES FOR EACH VOTING PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE ESTABLISHED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY SUBJECT TO THE APPROVAL OF A MAJORITY OF THE ALLENDALE COUNTY LEGISLATIVE DELEGATION.
H. 4768 -- Reps. Hinson, H. Brown, Law, Gourdine and Dantzler: A BILL TO REPEAL ACT 159 OF 1995, RELATING TO THE DEVOLUTION OF APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY AND PROVIDE THAT ALL APPOINTMENTS PREVIOUSLY MADE PURSUANT TO THE AUTHORITY CONFERRED PURSUANT TO THE PROVISIONS OF ACT 159 OF 1995 SHALL CONTINUE UNTIL THE EXPIRATION OF THE TERMS FOR WHICH THEY WERE APPOINTED OR A VACANCY OCCURS.
H. 4589 -- Reps. Klauber, Hawkins, Cato and Gamble: A BILL TO AMEND SECTION 12-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "POLITICAL SUBDIVISION" TO INCLUDE THE SOUTH CAROLINA ASSOCIATION OF HOUSING AUTHORITY EXECUTIVE DIRECTORS.
The following Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that it be enrolled for ratification.
S. 1072 -- Senators Patterson, Giese, Courson and Jackson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 16, 1997, MISSED BY THE STUDENTS OF OLYMPIA SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO A FIRE AND EXPLOSION AT LINDAU CHEMICAL COMPANY IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 1073 -- Senators Patterson, Giese, Courson and Jackson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 29, 1997, MISSED BY THE STUDENTS OF WEBBER SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO A RUPTURED SEWER LINE AND THE ABSENCE OF RUNNING WATER IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Rep. TROTTER moved to adjourn debate upon the following Bill until Thursday, March 12, which was adopted.
S. 1063 -- Senators Martin and Alexander: A BILL TO PROVIDE FOR AN ADVISORY ELECTION AMONG PICKENS COUNTY VETERANS TO NOMINATE A CANDIDATE TO THE PICKENS COUNTY LEGISLATIVE DELEGATION FOR RECOMMENDATION TO THE STATE DIRECTOR OF VETERANS' AFFAIRS FOR APPOINTMENT AS PICKENS COUNTY VETERANS AFFAIRS OFFICER.
Upon the withdrawal of requests for debate by Reps. GOVAN and INABINETT, the following Bill was taken up.
H. 4468 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DUTY TO REPORT EXISTS REGARDLESS OF WHO THE REPORTER BELIEVES TO BE THE PERPETRATOR OF THE ABUSE; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING CHILD ABUSE OR NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION OF A CHILD WHO DIED OF ABUSE OR NEGLECT WITHIN TWENTY-FOUR HOURS UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO THE PERMANENCY PLANNING HEARING FOR CHILDREN IN FOSTER CARE, SO AS TO MAKE THE AGE REQUIREMENTS AND INITIATION PROCEDURES FOR A JUDICIAL STATUS REVIEW INTERNALLY CONSISTENT WITHIN THE SECTION; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD AS A GROUND FOR TERMINATION, CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT TO THE COURT WRITTEN REPORTS, DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE, AND TO AUTHORIZE THE BOARD TO REQUEST AN EMERGENCY HEARING IF THE BOARD CONCLUDES THAT THE SAFETY OF A CHILD IS IN IMMINENT DANGER; TO AMEND SECTION 59-63-31 RELATING TO GROUNDS FOR ATTENDING A PUBLIC SCHOOL IN A DISTRICT WITHOUT CHARGE IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THESE GROUNDS; TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE EVALUATION REQUIRED TO BE CONDUCTED IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT SYSTEM.
Reps. COTTY and MOODY-LAWRENCE proposed the following Amendment No. 4 (Doc Name P:\AMEND\PSD\7234HTC.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION____. The 1976 Code is amended by adding:
"Section 20-7-1630. (A) When the Department of Social Services holds custody of a child and places that child with a relative who is a licensed foster home, the agency must provide the same services and financial benefits provided to other licensed foster homes. Children placed pursuant to this section are subject to Section 20-7-766 requirements for permanency planning.
(B) If a relative of a child requiring foster care is not licensed to provide foster care, the department shall inform the relative of the procedures for obtaining licensure and the benefits of licensure and shall reasonably assist the relative with the licensing process."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. McMAHAND, LOFTIS, LEACH, MASON and R. SMITH withdrew their requests for debate on H. 3150; however, other requests for debate remained upon the Bill.
The motion period was dispensed with on motion of Rep. CROMER.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 4354 -- Reps. Cato, Kirsh, Mason, Sandifer and Seithel: A BILL TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REFLECT THE MERGER OF THE SOUTH CAROLINA BANKERS ASSOCIATION AND THE STATE SAVINGS AND LOAN LEAGUE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21226SD.98).
Amend the bill, as and if amended, by striking Section 34-1-20 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 34-1-20. The State Board of Financial Institutions is composed of ten members, one of whom is the State Treasurer as an ex officio member, who is and as the chairman. The remaining nine members must be appointed by the Governor with the advice and consent of the Senate. Three must be engaged in commercial banking and recommended by the State South Carolina Bankers Association, two must be engaged in the savings and loan association business and recommended by the State Savings and Loan League South Carolina Bankers Association, one must be recommended by the association of supervised lenders, one must be engaged in the licensed consumer finance business as a restricted lender and recommended by the association of restricted lenders, one must be engaged in the cooperative credit union business and recommended by the State Cooperative Credit Union League, and one must be unaffiliated with any a financial organization and shall serve as a representative of the consumer of the State. The terms of the present members are not affected. All Each member shall serve and represent the best interest interests of the public and no appointed member shall serve more than two consecutive four-year terms. Before a vacancy on the board, except for consumer representatives, the The association which is to provide a member to fill a vacancy on the board, except for a consumer representative, shall submit three names from the appropriate business, none of whom represent the same institution, from which the Governor shall select one./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH moved to adjourn debate upon the amendment.
Rep. CATO moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate on the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barrett Battle Baxley Beck Breeland Brown, H. Brown, J. Cobb-Hunter Cromer Davenport Delleney Easterday Felder Gourdine Govan Hamilton Haskins Hines, J. Hines, M. Howard Inabinett Keegan Kelley Kirsh Knotts Koon Leach Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee Meacham Neilson Rhoad Rice Scott Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Vaughn Walker Whatley Whipper Woodrum
Those who voted in the negative are:
Bailey Barfield Bauer Bowers Cato Chellis Clyburn Cooper Dantzler Edge Fleming Gamble Harrell Harris Harvin Hawkins Hinson Jennings Kinon Klauber Law Lee McCraw McGee McKay McLeod McMahand Phillips Quinn Riser Robinson Rodgers Sandifer Seithel Spearman Trotter Webb Wilder Witherspoon Young-Brickell
So, the motion to adjourn debate was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 3 (Doc Name P:\AMEND\DKA\4835MM.98).
Amend the bill, as and if amended, page, 4354-3, Section 34-1-20, SECTION 1, line 25, by striking /ten/ and inserting / ten eight /;
line 26, by striking /nine/ and inserting /nine seven /; and
by striking lines 28 and 29, and inserting: / consent of the Senate. Three must be engaged in commercial the banking or savings and loan business and recommended by the State South Carolina Bankers /.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. KNOTTS moved to adjourn debate upon the amendment, which was adopted.
Reps. MASON, KIRSH and KNOTTS proposed the following Amendment No. 4 (Doc Name P:\AMEND\GJK\21219SD.98), which was adopted.
Amend the bill, as and if amended, by striking Section 34-1-20 of the 1976 Code, beginning on line 24, page 1, as contained in SECTION 1, and inserting:
/Section 34-1-20. The State Board of Financial Institutions is composed of ten members, one of whom is the State Treasurer as an ex officio member, who is and as the chairman. The remaining nine members must be appointed by the Governor with the advice and consent of the Senate. Three Four must be engaged in commercial banking and recommended by the State South Carolina Bankers Association, two must be engaged in the savings and loan association business and recommended by the State Savings and Loan League, one must be recommended by the association of supervised lenders, one must be engaged in the licensed consumer finance business as a restricted lender and recommended by the association of restricted lenders, one two must be engaged in the cooperative credit union business and recommended by the State Cooperative Credit Union League, and one must be unaffiliated
with any a financial organization and shall serve as a representative of the consumer of the State. The terms of the present members are not affected. All Each member shall serve and represent the best interest interests of the public and no appointed member shall not serve more than two consecutive four-year terms. Before a vacancy on the board, except for consumer representatives, the The association which is to provide a member to fill a vacancy on the board, except for a consumer representative, shall submit three names, none of whom represent the same institution from three different institutions, from which the Governor shall select one./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MASON explained the amendment.
Rep. CATO spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. CATO moved to adjourn debate upon the amendment.
Rep. HASKINS moved to table the motion.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, J. Byrd Cave Clyburn Cobb-Hunter Cromer Dantzler Delleney Easterday Felder Fleming Gourdine Govan Hamilton Harvin Haskins Hines, J. Hines, M. Hinson Inabinett Jordan Keegan Kelley Kennedy Kirsh Klauber Knotts Leach Lee Littlejohn Lloyd Loftis Mack Martin Mason McMahand Meacham Moody-Lawrence Mullen Neilson Pinckney Rhoad Riser Sharpe Sheheen Simrill Smith, F. Smith, R. Stille Stoddard Stuart Tripp Whatley Whipper
Those who voted in the negative are:
Altman Bailey Boan Brown, G. Brown, H. Cato Chellis Cooper Cotty Davenport Gamble Harrell Harris Harrison Hawkins Jennings Kinon Koon Lanford Limehouse Maddox McAbee McCraw McGee McKay McLeod Phillips Quinn Rice Robinson Rodgers Sandifer Scott Seithel Smith, D. Smith, J. Spearman Trotter Vaughn Walker Webb Wilder Wilkes Young Young-Brickell
So, the motion to adjourn debate was tabled.
Rep. ROBINSON spoke against the amendment.
Rep. TRIPP spoke in favor of the amendment.
The amendment was then adopted.
Rep. CATO proposed the following Amendment No. 6, which was tabled.
Amend the bill, as and if amended, by striking the portion of 34-1-20 as contained in Section 1 that says "The remaining nine members must be appointed by the Governor with the advice and consent of the Senate"
Amend to conform.
Rep. CATO explained the amendment.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 50 to 33.
Rep. CATO proposed the following Amendment No. 7 (Doc Name P:\AMEND\GJK\21219SD.98), which was tabled.
Amend the bill, as and if amended, by striking Section 34-1-20 of the 1976 Code, beginning on line 24, page 1, as contained in SECTION 1, and inserting:
/Section 34-1-20. The State Board of Financial Institutions is composed of ten members, one of whom is the State Treasurer as an ex officio member, who is and as the chairman. The remaining nine members must be appointed by the Governor with the advice and consent of the Senate. Three Four must be engaged in commercial banking and recommended by the State South Carolina Bankers Association, two must be engaged in the savings and loan association business and recommended by the State Savings and Loan League, one must be recommended by the association of supervised lenders, one must be engaged in the licensed consumer finance business as a restricted lender and recommended by the association of restricted lenders, one must be engaged in the cooperative credit union business and recommended by the State Cooperative Credit Union League, and two must be unaffiliated with any a financial organization and shall serve as a representative of the consumer of the State. The terms of the present members are not affected. All Each member shall serve and represent the best interest interests of the public and no appointed member shall not serve more than two consecutive four-year terms. Before a vacancy on the board, except for consumer representatives, the The association which is to provide a member to fill a vacancy on the board, except for a consumer representative, shall submit three names, none of whom represent the same institution from three different institutions, from which the Governor shall select one./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
Rep. HASKINS spoke against the amendment.
Rep. WILKES spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Battle Baxley Beck Breeland Brown, J. Brown, T. Byrd Cave Cobb-Hunter Cromer Dantzler Davenport Delleney Easterday Felder Gourdine Harvin Haskins Hines, J. Hines, M. Howard Inabinett Jordan Keegan Kelley Kirsh Klauber Knotts Leach Lee Lloyd Loftis Mack Maddox Mason Meacham Neal Neilson Pinckney Rhoad Scott Sharpe Sheheen Simrill Smith, F. Smith, R. Stille Stoddard Stuart Tripp Whatley Whipper
Those who voted in the negative are:
Allison Bailey Barrett Bauer Boan Bowers Brown, H. Cato Chellis Cotty Edge Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Jennings Lanford Law Limehouse Littlejohn McAbee McCraw McGee McKay McLeod McMahand Mullen Quinn Rice Riser Robinson Rodgers Sandifer Seithel Smith, D. Smith, J. Spearman Trotter Vaughn Walker Webb Wilder Wilkes Young Young-Brickell
So, the amendment was tabled.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21226SD.98), which was tabled.
Amend the bill, as and if amended, by striking Section 34-1-20 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 34-1-20. The State Board of Financial Institutions is composed of ten members, one of whom is the State Treasurer as an ex officio member, who is and as the chairman. The remaining nine members must be appointed by the Governor with the advice and consent of the Senate. Three must be engaged in commercial banking and recommended by the State South Carolina Bankers Association, two must be engaged in the savings and loan association business and recommended by the State Savings and Loan League South Carolina Bankers Association, one must be recommended by the association of supervised lenders, one must be engaged in the licensed consumer finance business as a restricted lender and recommended by the association of restricted lenders, one must be engaged in the cooperative credit union business and recommended by the State Cooperative Credit Union League, and one must be unaffiliated with any a financial organization and shall serve as a representative of the consumer of the State. The terms of the present members are not affected. All Each member shall serve and represent the best interest interests of the public and no appointed member shall serve more than two consecutive four-year terms. Before a vacancy on the board, except for consumer representatives, the The association which is to provide a member to fill a vacancy on the board, except for a consumer representative, shall submit three names from the appropriate business, none of whom represent the same institution, from which the Governor shall select one./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS moved to table the amendment.
Rep. WILKES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Battle Bauer Baxley Beck Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Easterday Felder Gourdine Hamilton Harvin Haskins Hines, J. Hines, M. Howard Jordan Keegan Kelley Kirsh Klauber Knotts Leach Lee Littlejohn Lloyd Loftis Mack Mason McMahand Meacham Mullen Neal Neilson Pinckney Rhoad Scott Sharpe Simrill Smith, F. Smith, R. Stoddard Stuart Tripp Vaughn Webb Whatley Whipper
Those who voted in the negative are:
Bailey Boan Bowers Brown, H. Cato Chellis Edge Fleming Gamble Harrell Harris Harrison Hawkins Hinson Jennings Koon Lanford Law Limehouse McGee McKay McLeod Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Smith, D. Smith, J. Spearman Trotter Wilder Wilkes Young Young-Brickell
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 3 (Doc Name P:\AMEND\DKA\4835MM.98), which was tabled.
Amend the bill, as and if amended, page, 4354-3, Section 34-1-20, SECTION 1, line 25, by striking /ten/ and inserting / ten eight /;
line 26, by striking /nine/ and inserting /nine seven /; and
by striking lines 28 and 29, and inserting: / consent of the Senate. Three must be engaged in commercial the banking or savings and loan business and recommended by the State South Carolina Bankers /.
Amend title to conform.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Rep. DAVENPORT moved to reconsider the vote whereby Amendment No. 7 was tabled.
Rep. MASON moved to tabled the motion.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bauer Baxley Beck Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Dantzler Davenport Delleney Easterday Felder Gourdine Govan Harvin Haskins Hines, J. Hines, M. Howard Keegan Kelley Kennedy Kirsh Klauber Knotts Leach Lee Lloyd Loftis Mack Mason Meacham Neal Neilson Pinckney Rhoad Scott Sharpe Simrill Smith, R. Stille Stoddard Stuart Tripp Whatley Whipper
Those who voted in the negative are:
Bailey Barrett Battle Boan Bowers Brown, H. Cato Chellis Cooper Cotty Edge Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Jennings Kinon Koon Lanford Law Limehouse Littlejohn Maddox McAbee McCraw McGee McKay McLeod Mullen Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Smith, D. Smith, J. Spearman Trotter Vaughn Walker Webb Wilder Wilkes Young Young-Brickell
So, the motion to reconsider was tabled.
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 Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Mason McCraw McKay McLeod McMahand Meacham Mullen Neal Neilson Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Young-Brickell
Those who voted in the negative are:
McAbee McGee Robinson Whipper Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4354 General Subject Matter: State Board of Financial Institutions
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DAVID H. WILKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4354 General Subject Matter: Banking
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. JOE McMASTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4354 General Subject Matter: Constitution of Board of Financial Advisors
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GEORGE CAMPSEN III
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4354 General Subject Matter: State Board of Financial Institutions
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. THOMAS D. WOODRUM
The following Bill was taken up.
H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Rep. ROBINSON moved to recommit the Bill.
Rep. WILDER moved to table the motion.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Battle Bauer Baxley Beck Breeland Brown, J. Brown, T. Byrd Cave Chellis Cromer Davenport Delleney Fleming Gamble Gourdine Govan Hamilton Harris Harvin Hines, J. Hines, M. Hinson Howard Knotts Lanford Limehouse Littlejohn Mack McCraw McLeod McMahand Meacham Neal Neilson Pinckney Rice Riser Scott Seithel Simrill Smith, F. Smith, J. Smith, R. Spearman Stuart Walker Webb Whatley Wilder Woodrum Young-Brickell
Those who voted in the negative are:
Bowers Campsen Harrell Koon Leach Loftis Robinson Smith, D. Wilkes
So, the motion to recommit was tabled.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7231AC.97).
Amend the bill, as and if amended, page 3, by deleting Section 44-61-330 and inserting:
/Section 44-61-330. (A) The EMSC Program shall include, but is not limited to, the establishment of:
(1) initial and continuing education programs for emergency medical services personnel that include training in the emergency care of infants and children;
(2) guidelines for referring children to the appropriate emergency treatment facility;
(3) pediatric equipment guidelines for pre-hospital care;
(4) pediatric equipment guidelines for emergency departments;
(5) guidelines for pediatric trauma centers;
(6) an interhospital transfer system for critically ill or injured children;
(7) in conjunction with the South Carolina Data Oversight Council, the collection and analysis of statewide pediatric emergency and critical care medical services data from emergency and critical care medical services for the purpose of quality improvement by these facilities and services, subject to the confidentiality requirements of Section 44-61-350;
(8) injury prevention programs for parents;
(9) public education programs on accessing the emergency medical services system and what to do until the emergency medical services personnel arrive.
(B) In gathering statewide pediatric emergency and critical care medical services data the department shall rely upon, to the extent possible, data from existing sources; however, the department may contact families and physicians for the purpose of gathering additional data and providing information on available public and private resources. Information requested from a physician's office must be obtained pursuant to Section 44-115-10, et.seq. Patient contact following data received from the State Budget and Control Board Office of Research and Statistics must be done in accordance with regulations approved by the South Carolina Data Oversight Council and promulgated by the Office of Research and Statistics. /
Amend the bill further, page 4 by
deleting Section 44-61-340 and inserting:
/Section 44-61-340. There is created an Emergency Medical Services for Children Committee to advise the Division of Emergency Medical Services and the Coordinator of the EMSC Program on all matters concerning emergency medical services for children. The committee shall assist in the formulation of policy and regulations to effectuate the purposes of this article. The EMSC Committee is a formal committee of the EMS Advisory Council./
Amend the bill further, page 5, by deleting Section 44-61-360.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILDER explained the amendment.
Rep. EASTERDAY moved to continue the Bill.
Rep. WILDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Bauer Beck Bowers Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Felder Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Law Leach Limehouse Littlejohn Loftis Mason McCraw McMaster Meacham Phillips Quinn Rice Riser Robinson Sandifer Sharpe Smith, R. Tripp Trotter Vaughn Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allison Bailey Battle Baxley Boan Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Davenport Fleming Gourdine Govan Harris Harvin Hines, J. Hines, M. Howard Inabinett Jennings Jordan Kennedy Kinon Lee Lloyd Mack Maddox Martin McAbee McGee McKay McLeod McMahand Moody-Lawrence Mullen Neal Neilson Rhoad Rodgers Scott Simrill Smith, F. Smith, J. Spearman Stille Stoddard Stuart Townsend Walker Whipper Wilder Young
So, the House refused to continue the Bill.
Reps. GOVAN and MACK spoke in favor of the amendment.
Rep. FELDER raised a Point of Order that the Bill was out of order under Rule 4.4 in that it directly appropriated money and therefore should be not be considered by the House until after it had been considered by the Ways and Means Committee.
Rep. HASKINS stated that in Subsection B of the Bill, a full time coordinator was designated to be hired for the program and by hiring a coordinator, funds would need to be appropriated for that purpose.
SPEAKER WILKINS stated that the Bill required money to be spent and that was the purpose of a fiscal impact statement. He stated further that Rule 4.4 referred to appropriate and to appropriate means to designate some specific sum of money for a particular purpose. He stated that in a similar Point of Order raised in April of 1997, the SPEAKER ruled that although the fiscal impact of a Bill showed it would cost money, a Bill did not necessarily appropriate funds. He therefore overruled the Point of Order since the Bill did not appropriate funds but only caused a result in an expenditure of funds which was not in violation of Rule 4.4 based on the precedence.
Rep. LOFTIS spoke against the amendment.
Rep. LOFTIS moved to adjourn debate upon the Bill until Thursday, May 28.
Rep. GOVAN moved to table the motion.
Rep. WILDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Baxley Boan Bowers Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Davenport Fleming Gourdine Govan Harris Harvin Hines, J. Hines, M. Howard Inabinett Jennings Jordan Kennedy Kinon Lanford Lee Lloyd Mack Maddox Martin McAbee McGee McKay McLeod McMahand McMaster Moody-Lawrence Neal Neilson Rhoad Rodgers Scott Smith, F. Smith, J. Spearman Stille Stoddard Stuart Whipper Wilder Wilkes Young
Those who voted in the negative are:
Allison Altman Barfield Barrett Bauer Beck Brown, H. Campsen Cato Chellis Dantzler Delleney Easterday Edge Felder Gamble Hamilton Harrison Haskins Hinson Keegan Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Mason McCraw Meacham Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum
So, the motion to adjourn debate was tabled.
Rep. LOFTIS moved to recommit the Bill, which was agreed to.
The following Bill was taken up.
H. 3150 -- Reps. Haskins, Robinson, Knotts, Scott, Baxley, Leach and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-616 AND 56-5-617 SO AS TO DEFINE THE HIGHWAYS ENCOMPASSING THE INTERSTATE HIGHWAY SYSTEM AND THE STATE HIGHWAY PRIMARY SYSTEM; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO REVISE THE SPEED LIMITS ALONG THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-1535, AS AMENDED, RELATING TO SPEEDING IN WORK ZONES, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED IN A WORK ZONE AND TO PROVIDE THAT THE PENALTY CONTAINED ON SIGNS POSTED IN A WORK ZONE ARE IN ADDITION TO OTHER PENALTIES FOR SPEEDING; TO AMEND SECTION 56-5-1540, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO REVISE THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT; TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15447CM.98), which was adopted.
Amend the bill, as and if amended, Section 56-5-1520, as contained in SECTION 3, Page 3150-2, beginning on line 9, by striking Section 56-5-1520 and inserting:
/"Section 56-5-1520. (a) General rule. No(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and
prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.
(b) Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;
(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and
(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.
(C) Notwithstanding another provision of law, manufactured modular or mobile homes must not be transported at a speed in excess of ten miles below the posted speed limit and never in excess of fifty-five miles an hour.
(D) Thirty miles an hour is the maximum speed in an urban district and unpaved roads are limited to the speed of forty-five miles an hour. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
(E) A local authority on the basis of an engineering and traffic investigation may determine that the maximum speed limit permitted under this article is less than thirty miles an hour in an urban district. If this determination is made, the maximum speed limit for the urban district is enforceable by all law enforcement officers authorized to enforce the traffic laws in the urban district. However, this subsection does not apply to highways within the state highway system contained in Section 56-5-1530.
(F) The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits.
(G) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Any(H) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e)(I) Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.
(f)(J) In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen."/
Amend the bill further, Section 56-5-1535(C)(1) as contained in SECTION 4, Page 3150-4, line 4, by striking /and/ and inserting /or/ and by inserting /, or both/ after /days/.
Renumber sections to conform.
Amend title to conform.
Rep. LEACH explained the amendment.
The amendment was then adopted.
Rep. STUART proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\21239SD.98), which was ruled out of order.
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION___.Section 56-5-6540(B) of the 1976 Code, as added by Act 148 of 1989, is amended to read:
"(B) A law enforcement officer may not stop a driver for a violation of this article including a violation of Section 56-5-1520 relating to excess speed in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop and issue a citation regardless of whether any other motor vehicle laws have been violated." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
Rep. HASKINS raised a Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. STUART argued contra.
SPEAKER WILKINS stated that in accordance with Rule 9.3 an amendment should refer to the intent of the Bill. He stated that the intent of the Bill (H. 3150) was speed limits, but the intent of Amendment No. 3 was enforcement of the seat belt laws and therefore he sustained the Point of Order and ruled the amendment out of order.
Rep. TOWNSEND proposed the following Amendment No. 4 (Doc Name P:\AMEND\KGH\15465CM.98), which was adopted.
Amend the bill, as and if amended, Section 56-5-1520(B), by striking subitems (2) and (3) of subsection (B) and subsection (C) and inserting:
/(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted;
(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.;
(4) manufactured, modular, or mobile homes must not be transported at a speed in excess of ten miles below the posted speed limit when the posted speed limit is in excess of forty-five miles an hour, and never in excess of fifty-five miles an hour./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
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:
Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox McAbee McCraw McGee McKay McLeod McMaster Meacham Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stoddard Townsend Tripp Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Cobb-Hunter Davenport Howard Mason McMahand Neal Seithel Stille Stuart Walker
So, the Bill, as amended, was read the second time and ordered to third reading.
I was out of the Chamber at the time of the vote. I would have voted yes, in favor of the passage of the Bill.
Rep. J. GARY SIMRILL
The following Bill was taken up.
H. 4113 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT IN SOUTH CAROLINA SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SUPPLEMENT, OTHER COMPENSATION, OR VALUABLE CONSIDERATION FROM ANY NONGOVERNMENTAL SOURCE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL TAKE EFFECT MAY 1, 1997.
Rep. SCOTT proposed the following Amendment No. 3, which was tabled.
Amend the bill, as and if amended, by inserting after superintendent, /band directors, athletic directors and coaches/
Rep. SCOTT explained the amendment.
Rep. WALKER spoke against the amendment.
Rep. TRIPP spoke in favor of the amendment.
Rep. KIRSH moved to continue the Bill.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Brown, T. Cave Clyburn Gourdine Govan Hamilton Hines, M. Howard Inabinett Kirsh Lee Lloyd McLeod McMahand Moody-Lawrence Neal Phillips Pinckney Scott Smith, F. Smith, J. Stoddard
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Beck Bowers Brown, H. Brown, J. Campsen Cato Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Harrell Harris Harrison Harvin Hawkins Hines, J. Hinson Jennings Jordan Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Mack Maddox McCraw McGee McKay Meacham Neilson Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to continue the Bill.
Rep. MEACHAM moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Brown, J. Campsen Cato Chellis Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Mason McCraw McGee McKay McLeod Meacham Neilson Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bowers Brown, T. Govan Hines, M. Howard Inabinett Lee Lloyd Mack Moody-Lawrence Scott Smith, J. Tripp Whipper
So, the amendment was tabled.
Rep. TOWNSEND moved to adjourn debate upon the Bill until Thursday, March 12, which was adopted.
Rep. BAILEY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4774 -- Rep. Martin: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DAWN HOFFSTETTER, A STUDENT AT LAKESIDE MIDDLE SCHOOL IN ANDERSON COUNTY, UPON BEING NAMED ONE OF SOUTH CAROLINA'S TOP TWO 1998 YOUTH VOLUNTEERS BY THE NATIONAL ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS AND THE PRUDENTIAL INSURANCE COMPANY OF AMERICA.
H. 4779 -- Reps. Young, Woodrum, Harvin, Canty, Neal and G. Brown: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE LESLIE EARL PACK, SUMTER COUNTY MAGISTRATE, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 12:45 P.M. the House in accordance with the motion of Rep. ALTMAN adjourned in memory of Honorable Bernard M. Roper, former Mayor of Seabrook Island, to meet at 10:00 A.M. tomorrow.
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