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:
O God, Whose presence is always near and Whose wisdom is infallible, deliver us from deception and self-righteousness; from confusing our own selfish desires with Your holy will; from indifference and over confidence; from fear and worry and dread of the future; from an attitude of defeatism or of compromise with the forces of evil. Grant to us a full measure of Your wisdom and understanding, courage and strength, faith and charity to meet all the challenges of this day.
Hear us with Your favor our prayer made 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. RODGERS moved that when the House adjourns, it adjourn in memory of Hooks K. Johnston, Jr., of Beaufort County, which was agreed to.
MEMORANDUM
TO: The Honorable Sandra K. McKinney, Clerk of the House of Representatives
The Honorable Frank Caggiano, Clerk of the Senate
FROM: Senator John Courson
SUBJECT: Magistrates Study Committee Report
DATE: May 13, 1998
Pursuant to Concurrent Resolution S. 1432 of 1996 and Concurrent Resolution S. 199 of 1997, the Magistrates Study Committee submits its report and requests that it be printed in the House and Senate Journals. Thank you for your consideration in this matter.
The Magistrates Study Committee, which was established by Concurrent Resolution S. 1432 of 1996 and extended by Concurrent Resolution S. 199 of 1997, had eight (8) members, four (4) appointed by the Chairman of the Senate Judiciary Committee and four (4) by the Speaker of the House of Representatives. The members of the study committee, which included Senators, members of the House of Representatives, and magistrates, were Senator John E. Courson (Richland), Chairman; Representative Jackson S. "Seth" Whipper (Charleston), Vice-Chairman; Senator Luke A. Rankin (Horry); Representative William F. "Bill" Cotty (Richland/Kershaw); Representative Ronald N. "Ron" Fleming (Union); Judge R. Eugene Hartis (Kershaw); Judge Becky W. Gerrard (Oconee); and Judge J. Metz Looper (Greenville).
The study committee's task was to formulate recommendations for the General Assembly to consider in evaluating the laws concerning (1) jurisdiction, (2) number of available positions, (3) location, (4) qualifications, (5) continuing education and certification requirements, (6) compensation and other benefits, and (7) the magistrates courts' role in the uniform judicial system.
By acquiring information through public hearings in each congressional district and additional meetings in Columbia, the study committee considered a massive amount of material concerning magistrates courts in this State. The members of the study committee received letters from the public and written reports and recommendations from agencies and organizations, and heard from state and county officials and employees, persons involved in continuing education for magistrates, attorneys and litigants, magistrates, and citizens. Information received by the study committee, at the date of this report, indicated that:
-- magistrates handle about sixty-six (66%) percent of the trial cases in the State;
-- of approximately two hundred ninety-one (291) magistrates in the State, one hundred thirty-one (131) are full-time and one hundred sixty (160) are part-time;
-- one hundred and seventy-six (176) of the magistrates had completed two years of college or technical school, or had an Associate, Bachelors, Masters, or Doctorate degree; twenty-three (23) magistrates are lawyers;
-- dependent upon the hours worked and the particular county involved, salaries for magistrates range from approximately five thousand dollars ($5,000) to the mid-sixty thousand dollar range (mid-$60,000's); and
-- the Supreme Court requires magistrates to complete at least eighteen (18) hours of continuing education each year.
After careful consideration, the study committee submits this report of its conclusions. With the exception of the minority reports concerning educational requirements, the report represents the opinion of all members of the study committee.
(1) JURISDICTION
The study committee considered suggestions for raising the jurisdictional amount for civil cases tried in magistrates courts, but adopted no recommendation for increasing the amount at this time or in the future. Instead, the study committee chose to concentrate on increasing educational requirements to enable magistrates to effectively deal with the legal issues they confront in their courts.
(2) NUMBER OF AVAILABLE POSITIONS
The study committee makes no recommendation to change the current formula for determining the number of magistrates in a county (the maximum number of magistrates in each county is the greater of that number determined by taking one (1) magistrate for every twenty-eight thousand (28,000) persons in each county, or that number determined by taking the average of the ratio of one (1) magistrate for every twenty-eight thousand (28,000) persons in each county and the ratio of one (1) magistrate for every one hundred fifty (150) square miles of area in each county); however, the study committee suggests that additional magistrates be added for counties collecting five hundred thousand dollars ($500,000) or more in accommodations tax revenues. In addition, while the study committee considered whether a county should have at least one (1) or two (2) full-time magistrates, it does not recommend a required number of full-time magistrates.
(3) LOCATION
The study committee recommends that magistrates become state employees paid by the Supreme Court/Court Administration which would, with informational input from the counties, determine the number of full-time and part-time positions and the location of magistrates.
(4) QUALIFICATIONS
The study committee suggests that educational qualifications for magistrates be increased from a high school equivalency to an Associate Degree for magistrates' terms beginning on or after May 1, 2002, and a Bachelor's Degree for terms beginning on or after May 1, 2006. The majority of the study committee recommends that no current magistrates be "grandfathered;" however, a minority disagrees and submits its own report on this issue.
(5) CONTINUING EDUCATION AND CERTIFICATION
The study committee suggests that a mandatory eligibility examination be administered by Court Administration (through the technical college system) to all applicants for magistrate, and that the examination's results be used by Senators to assist in selecting nominees. In addition, the study committee recommends that the existing magistrate certification examination requirements be supplemented by a two-year continuing education program (administered by Court Administration through the technical college system) available to magistrates who have completed the certification examination. An advisory council would be established to make recommendations to the Supreme Court regarding the eligibility examination, certification examination, and continuing education requirements. Also, the study committee would provide that a newly appointed magistrate could not try a case unless he had observed four (4) criminal cases in a magistrates court, two (2) of which must be in a magistrates court where he will not preside; four (4) civil cases in a magistrates court, two (2) of which must be in a magistrates court where he will not preside; one (1) criminal jury trial in circuit court; and one (1) civil jury trial in circuit court.
(6) COMPENSATION AND OTHER BENEFITS
The study committee received a resolution from the Summary Court Judges' Association which recommended increasing a magistrate's salary based upon a portion of a circuit judge's salary and dependent upon the population of the county in which the magistrate serves. The Summary Court Judges' Association's resolution left intact the existing six-tier population structure for determining magistrates' salaries.
The study committee changed the six-tier population structure to a three-tier structure with a magistrate's salary based upon a portion of a circuit judge's salary. The three tiers would be based on a population of:
one hundred fifty thousand (150,000) and above--sixty percent (60%) of a circuit court judge's salary
fifty thousand (50,000) but not more than one hundred forty-nine thousand, nine hundred ninety-nine (149,999)--fifty percent (50%) of a circuit court judge's salary
less than fifty thousand (50,000)--forty percent (40%) of a circuit court judge's salary
Also, the provisions for part-time pay (A part-time magistrate working twenty (20) hours but less than thirty (30) hours a week must receive fifty-five percent (55%) of a full-time magistrate's pay for that county, and a part-time magistrate working less than twenty (20) hours per week must receive thirty percent (30%) of a full-time magistrate's pay for that county) and the following salary schedule, which was proposed in the Summary Court Judges' Association's resolution, was adopted by the study committee:
70% of base salary upon appointment
80% of base salary upon completing requirements to try cases (including certification examination)
85% of base salary upon completion of second year in office
90% of base salary upon completion of third year in office
100% of base salary upon completion of fourth year in office.
Based upon a report and information from the South Carolina Retirement System, the study committee recommends that all magistrates be placed under the Police Retirement System (which allows retirement after twenty-five (25) years). Magistrates in the State Retirement System could pay to transfer their existing service to the Police System.
(7) THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM
The study committee recommends that the law be clarified so the Supreme Court could suspend or remove a magistrate for failure to meet retirement or continuing education requirements. Also, the study committee requests the Supreme Court to make a report to the Chairmen of the Senate and House Judiciary Committees with recommendations for further changes.
RESPECTFULLY SUBMITTED:
SENATOR JOHN E. COURSON (RICHLAND), CHAIRMAN
SENATOR LUKE A. RANKIN (HORRY)
REPRESENTATIVE RONALD N. "RON" FLEMING (UNION)
JUDGE R. EUGENE HARTIS (KERSHAW)
JUDGE BECKY W. GERRARD (OCONEE)
The undersigned three (3) members of the study committee, with all due respect to the Chairman and other members who voted in the majority not to "grandfather" or exempt those magistrates now serving throughout the State from the new proposed educational requirements for reappointment, do hereby submit this minority report and request that same be included in the formal report of the study committee to the General Assembly:
1. We believe that the number of judges now serving as magistrates in South Carolina who do not presently have either a two (2) year or four (4) year college education are less than one- third of the total; and that in most if not all such cases, including both those serving in full-time or part-time capacity, these are persons who due to their overall background, formal and informal education, as well as work and life experiences are exceptionally well-qualified, capable, and fine members of the magisterial system.
2. In those few and select instances where a person who is presently serving as a magistrate may be determined to be lacking the overall intellectual, educational, or administrative skills necessary to adequately perform the duties and responsibilities required of a magistrate, we believe that the new training, testing, and other requirements and standards as determined appropriate by both the General Assembly and Supreme Court will be such that the magistrates who do not meet these requirements and standards can either be provided the necessary training and opportunities for improvement so as to qualify or otherwise be eliminated without mandating their compliance with these new educational qualifications.
3. We feel strongly that to not grant an exemption from those new formal educational requirements for appointment for those now serving as a magistrate would be unfair and do an injustice to a number of highly skilled and capable members of the system who otherwise may not be able to qualify for retirement benefits.
4. The undersigned sincerely request that the respective members of the Senate and House of Representatives give favorable consideration to approval of a magistrates' court reform bill which "grandfathers" those magistrates now serving and/or appointed prior to July 1, 1998, from these new formal educational standards; it being our belief that the overall magisterial system will be stronger and fairer through allowing these individuals to continue their service with the condition that they comply with all other legislative and/or Supreme Court directives with regard to training, testing, and service in the position of magistrate.
RESPECTFULLY SUBMITTED:
REPRESENTATIVE JACKSON S. "SETH" WHIPPER (CHARLESTON), VICE-CHAIRMAN
REPRESENTATIVE WILLIAM F. "BILL" COTTY
(RICHLAND/KERSHAW)
JUDGE J. METZ LOOPER (GREENVILLE)
With all due respect to the members who voted in the majority, I would respectfully submit a minority report concerning the salary schedule proposed for newly-appointed magistrates. I believe a person appointed to serve as a magistrate should be entitled to the full salary for that position upon his appointment.
RESPECTFULLY SUBMITTED:
REPRESENTATIVE JACKSON S. "SETH" WHIPPER (CHARLESTON), VICE-CHAIRMAN
On motion of Rep. COTTY, the report was ordered printed in the Journal.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 1013 -- Senator Lander: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1167 -- Senator Holland: A BILL TO AMEND TITLE 26, CODE OF THE LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5, SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES, AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 5020 -- Rep. Harrison: A BILL TO AMEND TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES, AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4408 -- Reps. Meacham, Neilson, Sandifer, Bailey, Govan, Woodrum, McKay, Kirsh, Martin, Maddox, Canty, Mullen, Young-Brickell, Byrd, Inabinett, Neal, McGee, D. Smith and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-25 SO AS TO MAKE IT AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE FOR A PERSON WHO MAILS CERTAIN MERCHANDISE CATALOGUES OR CERTAIN BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL TO A RECIPIENT TO FAIL TO HONOR THE RECIPIENT'S REQUEST THAT THE MAILER CEASE SENDING SUCH CATALOGUES, BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL AND TO PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.
The following was introduced:
H. 5139 -- Reps. Howard, Cobb-Hunter, Clyburn, Cromer, Harvin, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young, Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE TWO-YEAR-OLD JOZI JEANAI GOODWIN, DAUGHTER OF JOSEPH GOODWIN AND THE HOUSE OF REPRESENTATIVES' OWN PAULETTE GOODWIN, ON BEING CROWNED MAY DAY QUEEN FOR FARROW HILLS DAY CARE FESTIVAL ON MAY 2, 1998.
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. 5140 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2281, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5141 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NATURAL PUBLIC SWIMMING AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2261, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5142 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMITTEES, AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.
On motion of Rep. FELDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1219 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES.
Referred to Clarendon Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin McAbee McCraw McGee McLeod McMahand McMaster Meacham Miller Neilson Phillips Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, May 13.
Teddy N. Trotter Victoria T. Mullen Alfred B. Robinson, Jr. Steve P. Lanford Daniel L. Tripp G. Ralph Davenport, Jr. Bradley L. Jordan Joseph H. Neal Clementa C. Pinckney Timothy C. Wilkes Ronald P. Townsend Marion H. Kinon James Emerson Smith, Jr. Bessie Moody-Lawrence Harry R. Askins Bill Cotty Woodrow M. McKay Ralph W. Canty Richard M. Quinn, Jr. Elsie Rast Stuart W. Jeffrey Young
DOCTOR OF THE DAY
Announcement was made that Dr. William Gerard of Chapin is the Doctor of the Day for the General Assembly.
Reps. RHOAD and CAVE presented to the House the Andrew Jackson Academy Football Team, S.C. Independent School Athletic Association Class A Eight-Man State Champions, and Coach Hallman Eugene Sease, Jr. for being named Coach of the Year for that association, other coaches and school officials.
Reps. CAVE and RHOAD presented to the House members and coaches of the S.C. Girls High School Basketball All-Star Team.
Reps. CAVE and RHOAD presented to the House members and coaches of the S.C. Boys High School Basketball All-Star Team.
Reps. D. SMITH and LEE presented to the House Anthony Simmons, Clemson University All-American Linebacker.
Rep. WILKINS presented to the House the students and staff of the Governor's School for the Arts and Humanities.
Rep. WILKINS presented to the House Ms. Darla Moore of Lake City acknowledging her gift to the University of South Carolina School of Business.
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. 4759
DATE REMOVE:
5/12/98 Robert W. Leach
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 5045 -- Reps. Campsen, Easterday, Young, Altman, Loftis, Simrill, Leach, Jordan, Fleming, Littlejohn, Allison, Walker, D. Smith, Davenport, Cato, Barrett, Harrison, H. Brown, Woodrum, Hamilton, Delleney, Vaughn, Robinson, Beck, Tripp, Haskins, Hawkins and Limehouse: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM RESTORATION ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
Rep. J. BROWN moved to adjourn debate upon the following Bill, which was adopted.
S. 963 -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
The following Bill was taken up.
S. 893 -- Senators Lander and Reese: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4935MM.98), which was adopted.
Amend the bill, as and if amended, page 7, beginning on line 16, by striking SECTION 2 in its entirety, and inserting:
/SECTION 2. This act takes effect upon approval by the Governor and applies only to assistive technology devices sold or leased after January 1, 1999./
Amend title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
Rep. LAW explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1186 -- Senators Hutto and Lander: A BILL TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.
Rep. SHARPE explained the Bill.
S. 1138 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
S. 843 -- Senators Peeler, Reese and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-195 SO AS TO REQUIRE A STUDENT WITH PEDICULOSIS (HEAD LICE) TO RETURN TO SCHOOL ONLY UPON PRESENTATION OF EVIDENCE OF TREATMENT AND A PHYSICAL SCREENING CONDUCTED BY THE SCHOOL INDICATING AN ABSENCE OF PEDICULOSIS AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE ELIGIBLE FAMILIES WITH PRODUCTS OR PRODUCT VOUCHERS FOR THE TREATMENT OF PEDICULOSIS.
Rep. WILDER explained the Bill.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, May 14, which was adopted.
S. 1070 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.
The following Bill was taken up.
S. 477 -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.
Rep. VAUGHN explained the Bill.
Reps. ROBINSON, KIRSH, LAW, HINSON, WOODRUM and VAUGHN requested debate on the Bill.
The following Bill was taken up.
S. 45 -- Senators Leventis, Waldrep, Rose, Ford and Holland: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A FIRST OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT SECOND AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15599CM.98), which was adopted.
Amend the bill, as and if amended, Section 16-17-510, as contained in SECTION 1, by inserting /or second/ after /first / on line 37, and by deleting /second/ and inserting /Third/ on line 38.
When amended, Section 16-17-510 shall read:
/"Section 16-17-510. It is unlawful for a person to encourage, entice, or conspire to encourage or entice a child enrolled in the any public or private elementary or secondary schools school of this State from attendance in such public the school or school program or transport or provide transportation in aid to encourage or entice a child from attendance in any public or private elementary or secondary school or school program.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first or second offense must be tried exclusively in magistrate's court. Third and subsequent offenses must be tried in the court of general sessions."/
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1069 -- Senator Holland: 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.
Reps. SIMRILL, KIRSH, HINSON, MOODY-LAWRENCE, MEACHAM, RODGERS, YOUNG and HARRISON requested debate on the Bill.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 14, which was adopted.
H. 4767 -- Reps. Young, Harrison and Wilkins: A BILL TO AMEND SECTION 14-1-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURCHARGE IMPOSED ON A PERSON CONVICTED IN GENERAL SESSIONS COURT, SO AS TO PROVIDE THAT THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE SHALL NOT BE USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM BUT ONLY FOR VICTIMS' SERVICES; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONCERNING VICTIM AND WITNESS SERVICES, SO AS TO PROVIDE DEFINITIONS RELATING TO VICTIMS OF CRIME AND CRIMINAL OFFENSES; AND TO AMEND SECTION 16-3-1525 RELATING TO THE ARREST OR DETENTION OF A PERSON ACCUSED OF COMMITTING AN OFFENSE, CERTAIN NOTIFICATION PROVIDED TO CRIME VICTIMS, PROTECTION PROVIDED TO CERTAIN WITNESSES, AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY IS NOT RESPONSIBLE FOR PROVIDING A VICTIM NOTICE OF A BOND HEARING.
The following Bill was taken up.
S. 1126 -- Senators Leventis and Land: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF THE GOVERNING BODY OF A MUNICIPALITY TO ENACT ORDINANCES REGARDING TIME REQUIREMENTS FOR NOMINATIONS AND PRIMARIES, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A PARTY SHALL CERTIFY THE CANDIDACY TO THE MUNICIPAL ELECTION COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A STATEMENT OF CANDIDACY WITH THE COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A PETITION WITH THE MUNICIPAL CLERK PRIOR TO THE ELECTION, CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL EXAMINE THE PETITION AND DETERMINE ITS VALIDITY, DELETE SPECIAL ELECTIONS FROM THIS SECTION, ESTABLISH THE FILING DEADLINES FOR NONPARTISAN SPECIAL ELECTIONS, AND PROVIDE THAT FOR PARTISAN SPECIAL ELECTIONS, PETITIONS MUST BE SUBMITTED PURSUANT TO SECTION 7-13-190(B); TO AMEND SECTION 5-15-110, RELATING TO CANDIDATES NOMINATED BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE SHALL FILE A PETITION WITH THE MUNICIPAL ELECTION COMMISSION AND TO CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL DETERMINE THE VALIDITY OF THE PETITION, AND DELETE SPECIAL ELECTIONS FROM THIS SECTION; TO AMEND SECTION 5-15-145, AS AMENDED, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS TO COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE MUNICIPALITY MAY BY ORDINANCE SET THE FILING DATES AND THE DATE BY WHICH CANDIDATES MUST BE CERTIFIED FOR MUNICIPAL OFFICES TO RUN CONCURRENTLY WITH THE FILING DATES SET BY LAW FOR COUNTYWIDE AND LESS THAN COUNTYWIDE OFFICES; TO AMEND SECTION 7-13-190, RELATING TO PARTISAN SPECIAL ELECTIONS, SO AS TO ESTABLISH THE REQUIREMENTS FOR SEEKING NOMINATIONS BY PETITION AND FOR VERIFICATION OF THE PETITION; TO AMEND SECTION 7-13-350, RELATING TO THE PLACING ON THE BALLOT OF CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO ADD MUNICIPAL ELECTIONS TO THIS PROVISION, AND CHANGE THE NUMBER OF DAYS BY WHICH THE NAMES OF THE NOMINEES MUST BE PLACED ON THE APPROPRIATE BALLOT; TO AMEND SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH THE PETITION OF A CANDIDATE IN A SPECIAL OR MUNICIPAL ELECTION MUST BE SUBMITTED TO THE AUTHORITY CHARGED WITH PRINTING THE BALLOT, AND CHANGE THE NUMBER OF DAYS BY WHICH THE BOARD OF VOTER REGISTRATION MUST CERTIFY THE RESULTS; AND TO AMEND SECTION 7-13-352, RELATING TO A CANDIDATE FOR NONPARTISAN OFFICE WHO QUALIFIES BY STATEMENT OF CANDIDACY, SO AS TO INCLUDE MUNICIPAL OFFICES.
Rep. BECK proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4956DW.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 7-7-1000. For purposes of municipal elections only, a municipality may pool one or more precincts with other precincts and have one voting place for all of these pooled precincts upon the following conditions:
(1) Any precinct which contains five hundred or more registered voters within the municipality must have its own voting place.
(2) The total number of registered voters within the municipality in each group of pooled precincts cannot exceed one thousand five hundred.
(3) The voting place of any precinct pooled with others cannot be more than three miles from the nearest part of any pooled precinct.
(4) The notice requirements of Section 7-7-15 must be complied with and in addition to this requirement, the location of voting places for all precincts including those pooled must be published in a newspaper of general circulation in the municipality on the day of the election. If the newspaper is not published daily, then on the date of publication nearest and prior to the date of election.
(5) Whenever precincts are pooled in a municipal election the voter registration lists, poll lists, and ballots for each precinct represented must be used by the managers of election. Results of the election must also be reported and certified by individual precinct." /
Renumber sections to conform.
Amend title to conform.
Rep. BECK explained the amendment.
The amendment was then adopted.
Rep. YOUNG explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 276 -- Senators Leventis, Reese, McConnell, Glover, Ravenel, Rose, O'Dell, Courson, Russell, Giese, Hutto, Passailaigue and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9893JM.98).
Amend the bill, as and if amended, Section 47-1-210(A), as contained in SECTION 1, page 1, line 31, by inserting / to be used / between /species/ and /as/. Section 47-1-210(A), when amended, shall read:
/ (A) It is unlawful to give away a live animal including, but not limited to, a fish, bird, fowl, or reptile, as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or for these species to be used as an incentive to enter into any business agreement if the offer made was for the purpose of attracting trade. /
Amend further, by striking Section 47-1-210(B), as contained in SECTION 1, lines 33 through 35 on page 1, and inserting:
/ (B) Nothing in this section may be construed to prohibit an auction or raffle of a live animal including, but not limited to, a fish, bird, fowl, or reptile. Further, the giving away or the testing of game or fowl for breeding purposes only shall be deemed lawful and is not prohibited by this section as an incentive to enter into a business agreement if the person giving away or testing game or fowl is engaged in that trade. /
Amend title to conform.
Rep. JENNINGS explained the amendment.
Reps. FLEMING and LITTLEJOHN requested debate on the Bill.
Rep. JENNINGS moved to adjourn debate upon the Bill until Thursday, May 14, which was adopted.
The following Bill was taken up.
H. 4916 -- Rep. Boan: A BILL TO AMEND SECTION 4-35-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PUBLIC WORKS IMPROVEMENT ACT, SO AS TO FURTHER DEFINE "IMPROVEMENTS" TO INCLUDE RECREATIONAL AND OTHER FACILITIES FOR PUBLIC USE AND CERTAIN OTHER FACILITIES DESIGNATED AS PUBLIC WORKS OR A SYSTEM OF RELATED PROJECTS ELIGIBLE FOR REVENUE BOND FINANCING, TO EXCLUDE CONSIDERATION OF IMPROVEMENTS FROM "ASSESSMENT" FOR PURPOSES OF THE ACT, AND TO MAKE THE ASSESSMENT PERMANENT ABSENT A PROVISION IN THE IMPROVEMENT PLAN ALLOWING REASSESSMENT UPON LATER SUBDIVISION AND TRANSFER OF REAL PROPERTY; TO AMEND SECTION 4-35-40, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO PROVIDE FOR REVENUE BONDS OF THE COUNTY AS A FINANCING MECHANISM; TO AMEND SECTION 4-35-50, RELATING TO FINDINGS REQUIRED FOR ESTABLISHMENT OF AN IMPROVEMENT DISTRICT, SO AS TO INCLUDE AN ALTERNATIVE FINDING OF PROMOTION OF PROPERTY DEVELOPMENT AND IMPROVEMENT OF PROPERTY VALUES; AND TO AMEND SECTION 4-35-80, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO INCLUDE REVENUE BONDS OF THE COUNTY AND TO PROVIDE THAT ASSESSMENTS CONSTITUTE REVENUES OF THE SYSTEM FOR PURPOSES OF CHAPTER 21, TITLE 6, THE REVENUE BOND ACT FOR UTILITIES.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9903AC.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION _____. Section 4-35-30 of the 1976 Code, as added by Act 99 of 1993, is amended by adding an appropriately numbered item to read:
( ) "Governing body" means the governing body of a county. /
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day to attend legislative business in Washington, D.C.
Rep. HOWARD asked unanimous consent to recall S. 547 from the Committee on Ways and Means.
Rep. ALLISON objected.
Rep. HARRISON asked unanimous consent to recall H. 4952 from the Committee on Judiciary.
Rep. SCOTT objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3760 -- Reps. Moody-Lawrence, F. Smith, Mason, Cromer, Lee, J. Hines, Neilson, Littlejohn, Seithel, Maddox, J. Smith, Cave, Govan, Lloyd, Gourdine, Clyburn, Harvin, McMahand, Hinson, Kinon, Kennedy, M. Hines, McCraw, Parks, Howard, T. Brown, Stille, Allison, Limbaugh, Byrd, Hodges, Inabinett, Davenport, Kirsh, Neal, Bowers, Rodgers, Carnell, Riser, Baxley, Mack, Witherspoon, Canty, Phillips, Wilder, Breeland, Limehouse, Simrill, Jennings, Whipper and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345, SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS; TO PROVIDE FOR THE COURSE CONTENT; AND TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE.
Rep. SPEARMAN moved to adjourn debate upon the Senate amendments until Tuesday, May 19.
Rep. J. BROWN moved to table the motion, which was not agreed to by a division vote of 14 to 68.
Rep. EASTERDAY moved to continue the Bill.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Beck Campsen Cato Chellis Cooper Davenport Delleney Easterday Edge Fleming Hamilton Harrell Haskins Hawkins Hinson Jordan Keegan Kelley Lanford Law Leach Limehouse Littlejohn Loftis Rice Riser Robinson Rodgers Sandifer Smith, R. Townsend Trotter Vaughn Walker Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Askins Battle Bauer Baxley Boan Bowers Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Emory Felder Gamble Govan Harris Harrison Hines, J. Howard Inabinett Jennings Kennedy Kinon Kirsh Klauber Knotts Koon Lee Mack Maddox Martin McAbee McCraw McGee McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Pinckney Rhoad Scott Seithel Sharpe Sheheen Simrill Smith, J. Spearman Stille Stoddard Stuart Webb Whatley Whipper Wilder Wilkes Woodrum
So, the House refused to continue the Bill.
The question then recurred to the motion to adjourn debate until Tuesday, May 19, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
Rep. SCOTT made the Point of Order that the Senate amendments were 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. H. BROWN moved to waive Rule 5.15, which was agreed to by a division vote of 80 to 0.
Rep. STUART proposed the following Amendment No. 1A (Doc Name P:\AMEND\PSD\7418DW.98), which was tabled.
Amend the bill, as and if amended, Part 1B, Temporary and General Provisions, page 395, by adding immediately after line 12, an appropriately numbered paragraph as follows:
/1.____ A school district must receive at least the same full day kindergarten funding that it received in Fiscal Year 97-98./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. CAVE spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bauer Beck Brown, H. Campsen Carnell Cato Chellis Cooper Cromer Dantzler Davenport Easterday Edge Felder Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Martin McAbee McGee McKay McMaster Meacham Mullen Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Battle Baxley Boan Bowers Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Delleney Emory Gourdine Govan Harris Hines, J. Inabinett Kennedy Kirsh Littlejohn Lloyd Mack Maddox McCraw McLeod McMahand Miller Moody-Lawrence Neal Neilson Phillips Pinckney Rhoad Scott Sheheen Smith, J. Stille Stoddard Stuart Whipper Wilder Wilkes Young
So, the amendment was tabled.
Rep. STUART proposed the following Amendment No. 2A (Doc Name P:\AMEND\PSD\7419DW.98), which was adopted.
Amend the bill, as and if amended, Part 1B, Temporary and General Provisions, page 395, by adding immediately after line 12, an appropriately numbered paragraph as follows:
/1.____ A school district must receive at least eighty-five percent of the full day kindergarten funding that it received in Fiscal Year 97-98. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
Reps. KENNEDY and H. BROWN spoke in favor of the amendment.
Rep. LOFTIS moved to table the amendment.
Rep. STUART demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Campsen Cato Cooper Cromer Davenport Delleney Easterday Edge Fleming Hamilton Harrell Haskins Jordan Kelley Koon Leach Limehouse Loftis McCraw Phillips Rice Robinson Sandifer Seithel Tripp Trotter Vaughn Walker Webb Whatley Wilder
Those who voted in the negative are:
Askins Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Byrd Canty Carnell Cave Chellis Clyburn Cobb-Hunter Cotty Dantzler Emory Felder Gamble Gourdine Govan Harris Harrison Hawkins Hines, J. Hinson Howard Inabinett Jennings Keegan Kennedy Kinon Kirsh Klauber Knotts Lanford Law Littlejohn Lloyd Mack Maddox McGee McKay McLeod McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Pinckney Rhoad Riser Rodgers Scott Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Whipper Wilkins Witherspoon Woodrum Young
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. H. BROWN proposed the following Amendment No. 3A (Doc Name P:\AMEND\JIC\5643HTC.98), which was adopted.
Amend the bill, as and if amended, by striking Part I and inserting Part I as passed by the House, except that:
Part IA, SECTION 1, Department of Education, page 15 of the House-passed version, is amended on line 18 opposite / Full Day Kindergarten / by decreasing the line / 3,462,910 / in Columns (7) and (8).
Part IA, SECTION I, Department of Education, page 15 of the House-passed version, by inserting after line 30
/ Greatest Need District Class Size 8,162,910 8,162,910 /
Part IA, SECTION 5A, Commission on Higher Education, page 33 of the House-passed version, is amended on line 5 opposite / Life scholarship / by increasing the line under columns (7) and (8) by
/ 11,300,000 /
Amend further, by striking Part II and inserting Part II as passed by the House, except that:
SECTION 3, PART II, page 533 of the House-passed version, is amended by striking subsection (F) on line 16 and inserting:
(F ) The 1976 Code is amended by adding:
"Section 59-63-65. (A) Beginning with school year 1998-99, any school district which has been declared to be 'district in greatest need' as provided by law shall attain an average pupil-teacher ratio in grade one through grade three of each elementary school in the district of fifteen to one based on average daily membership in these respective grades. Funding for these reduced pupil-teacher ratios shall be provided from funds appropriated or authorized by the General Assembly for this purpose. No local match is required. These lower pupil-teacher ratios in grades 1-3 must be maintained even if the school district ceases to be 'a district in greatest need'.
(B) As used in this section, 'teacher' refers to an employee possessing a professional certificate issued by the State Department of Education whose full time responsibility is instruction of students.
(C) The State Board of Education is authorized to waive the provisions of this section for a particular school district or school in the district upon finding that a good faith effort is being made by the school district to comply with the pupil-teacher ratio provisions in each school but that the lack of classroom space which was beyond its control makes it physically impossible for the district to comply.
(D) Portable or other temporary classroom space may be used to comply with the requirements of this section, and notwithstanding the provisions of Section 59-144-30, funding derived from the Children's Education Endowment Fund may be used to acquire such portable or temporary facilities.
(E) The pupil-teacher ratios in grades one through three required by the provisions of item (5) of Section 59-20-40 do not apply in these school districts."
(G) This section takes effect upon approval by the Governor. /
Section 59-149-40(A), as added by subsection A, SECTION 13, PART II, page 545 of the House-passed version is amended on lines 2, 3, and 4 by striking / 1997 / and inserting / 1995 /.
there is added at the end of Part II in the House-passed version:
TO AMEND SECTION 12-14-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE INCOME TAX INVESTMENT CREDIT ALLOWED FOR QUALIFIED ECONOMIC IMPACT ZONE INVESTMENTS, SO AS TO LIMIT THE CREDIT IN ONE TAXABLE YEAR TO NO MORE THAN FIFTY PERCENT OF A TAXPAYER'S INCOME TAX LIABILITY FOR THAT YEAR.
A. Section 12-14-60 of the 1976 Code, as last amended by Act 151 of 1997, is further amended by adding at the end:
"(E) The credit allowed by this section taken in any one taxable year may not exceed fifty percent of a taxpayer's income tax liability for that taxable year."
B. This section applies for taxable years beginning after 1997. /
Amend further, by striking Part III and inserting:
TO MAKE SUPPLEMENTAL APPROPRIATIONS OF SURPLUS GENERAL FUND REVENUES AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-1-1770 SO AS TO ESTABLISH WITHIN THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE A DOWNTOWN REDEVELOPMENT GRANT PROGRAM FOR THE PURPOSE OF REVITALIZING AND ENHANCING THE VIABILITY OF DOWNTOWN AREAS THROUGH PARTNERSHIPS OF MUNICIPAL GOVERNMENT, COUNTY GOVERNMENT, AND PRIVATE INVESTORS AND TO PROVIDE MINIMUM CRITERIA FOR AWARDING THIS GRANT.
SECTION 1. The following sums are appropriated from the general fund of the State to supplement appropriations made for the expenses of state government in the annual general appropriations act for fiscal year 1998-99 to the extent that unobligated surplus revenues of the 1997-98 fiscal year are available:
(1) State Dept. of Education:
Instructional Materials (Textbooks) 1,000,000
(2) Technology - Telecommunication Lines 5,000,000
(3) Tax Relief Trust Fund - Property Tax 9,465,420
(4) Commission on Higher Education:
SC Alliance for Minority
Participation (SCAMP) 600,000
(5) SC State - Business School Accreditation 500,000
(6) Clemson Center for Adv. Engineering
Fibers and Films 650,000
(7) Local Government Fund
(Maintain FY 97-98 Funding Level) 21,812,494
(8) Local Government Fund (Growth) 10,904,625
(9) Statewide Performance Audit 200,000
(10) Department of Health and Human Services:
(a) Medicaid Population Growth 2,778,770
(b) Medicaid Product Growth 3,000,000
(11) Department of Mental Health:
Medications Research Project 500,000
(12) Department of Alcohol and Other
Drug Abuse Services:
"The Bridge" 300,000
(13) Department of Social Services:
Emotionally Disturbed Children 5,500,000
(14) Clemson PSA - Meat Inspection 150,000
(15) Midlands Technical College:
Motorcycle Rider Safety Program 100,000
(15.1) Of the funds appropriated to the State Board for Technical and Comprehensive Education - Midlands Technical College, $100,000 must be used for the motorcycle safety program.
(16) South Carolina Law Enforcement Division:
Forensic Lab
(DNA Database\Lab Equipment) 208,966
(17) Office of Appellate Defense:
Administration (Operating Expenses) 340,000
(18) Department of Corrections:
(a) Maintenance (Facilities and
Security Systems) 363,718
(b) Medical Contracts Inflation 780,000
(19) Department of Commerce:
Advisory Coordinating Council for
Economic Development:
Spartanburg Renaissance Project-
Downtown Redevelopment 2,000,000
(19.1) Of funds appropriated to the Department of Commerce for the Renaissance Project, the funds must be matched 2:1 with additional funds or in-kind contributions by the community or other entity equal to the amount of funds in the appropriation.
(20) Comptroller General:
Computer Software to Test
Year 2000 Completion 35,000
(21) State Ethics Commission:
Equipment for Investigator 2,050
(22) S.C. State Library:
Lake City Public Library 7,000
(23) Budget and Control Board:
Capital Improvement Bonds
Payments 2,000
(24) Dept. of Archives & History:
Orangeburg Cemetery
Preservation 1,000
Total Supplemental Appropriations 66,201,043
SECTION 2. (A) Article 11, Chapter 1, Title 13 of the 1976 Code is amended by adding:
"Section 13-1-1770. The Advisory Coordinating Council for Economic Development shall establish the 'Downtown Redevelopment Program' for the purpose of making grants for revitalizing and enhancing the viability of downtown areas through partnerships of municipal government, county government, and private investors.
The council shall establish the program guidelines, regulations, and criteria by which grants must be evaluated and awarded including, but not limited to:
(1) a nonstate match requirement of at least one hundred fifty percent of state grant funds; and
(2) completing an economic impact before an award is made."
(B) This section takes effect July 1, 1998.
SECTION 3. The appropriations in Section 1 of this Part are listed in priority order beginning with item (1) and each separate appropriation item or subitem must be fully funded before the next item or subitem in order is paid. Unexpended funds appropriated pursuant to this Part may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION 4. Except as otherwise stated, this section takes effect upon approval by the Governor, but no appropriation in Section 1 may be paid until after the Comptroller General closes the State's books on fiscal year 1997-98 and no such appropriation is available to state agencies before September 1, 1998. Appropriations contained in this section must be posted in fiscal year 1998-99. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
Rep. H. BROWN spoke in favor of the amendment.
The amendment was then adopted.
Reps. ROBINSON, EASTERDAY and TRIPP proposed the following Amendment No. 4A (Doc Name P:\AMEND\JIC\5648MM.98), which was tabled.
Amend the bill, as and if amended, by striking Part I and inserting Part I as passed by the House, except that:
Part IA, SECTION 1, Department of Education, page 15 of the House-passed version, is amended on line 18 opposite / Full Day Kindergarten / by decreasing the line / 3,653,904 / in Columns (7) and (8) and by decreasing line 19 by 717,235.
Part IA, SECTION I, Department of Education, page 15 of the House-passed version, by inserting after line 30
/ Impaired District Allocation 4,371,139 /
Amend further, Part IB, by adding an appropriately numbered paragraph to Section I-H63 at page 395 after line 31
/ ___ (SDE: Impaired districts allocation)
The State Board of Education shall provide $4,371,139 for the impaired district allocation to be used for instructional, nonadministrative needs in impaired districts, as designated by the SBE.
Amend further, Part IB, by adding an appropriately numbered paragraph to Section 72-X90 at page 518 after line 14
/ ____ (GP: Individual exemptions increase)
The Department of Revenue shall increase the actual individual tax exemption for each individual taxpayer in an aggregate amount equal to sixteen million dollars.
Amend further, Section 59-149-40(A), as added by subsection A, SECTION 13, PART II, page 545 of the House-passed version is amended on lines 2, 3, and 4 by striking / 1997 / and inserting / 1995/.
there is added at the end of Part II in the House-passed version:
TO AMEND SECTION 12-14-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE INCOME TAX INVESTMENT CREDIT ALLOWED FOR QUALIFIED ECONOMIC IMPACT ZONE INVESTMENTS, SO AS TO LIMIT THE CREDIT IN ONE TAXABLE YEAR TO NO MORE THAN FIFTY PERCENT OF A TAXPAYER'S INCOME TAX LIABILITY FOR THAT YEAR.
A. Section 12-14-60 of the 1976 Code, as last amended by Act 151 of 1997, is further amended by adding at the end:
"(E) The credit allowed by this section taken in any one taxable year may not exceed fifty percent of a taxpayer's income tax liability for that taxable year."
B. This section applies for taxable years beginning after 1997./
Amend further, Part II, by adding an appropriately numbered SECTION to read:
to amend article 9, chapter 6, title 12 of the 1976 code, relating to taxable income calculation, by adding Section 12-6-1240 to increase the actual individual income tax exemption in an amount realized by the limit in the income tax investment credit in one taxable year.
A. Section 12-6-1240. A resident individual taxpayer is allowed an increase in his actual individual exemption. This increase in exemption is contingent upon the identification in the annual general appropriations act of savings realized as a result of the increased limitation on the income tax investment credit as provided in Section 12-14-60.
B. This section takes effect July 1, 1998. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. HARRELL spoke against the amendment.
Reps. EASTERDAY, VAUGHN and CAMPSEN spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. TRIPP demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Baxley Beck Boan Breeland Brown, G. Brown, H. Byrd Canty Carnell Cave Chellis Clyburn Cobb-Hunter Cromer Dantzler Edge Emory Felder Fleming Gamble Govan Harrell Harris Harrison Hawkins Hines, J. Hinson Inabinett Jennings Keegan Kelley Kennedy Kinon Lanford Lloyd Mack Maddox McCraw McGee McKay McLeod McMahand Moody-Lawrence Mullen Neal Neilson Pinckney Quinn Rhoad Riser Rodgers Scott Seithel Sharpe Smith, J. Smith, R. Spearman Stuart Trotter Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Barrett Bauer Bowers Campsen Cato Cooper Cotty Davenport Delleney Easterday Hamilton Haskins Jordan Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis McAbee McMaster Meacham Miller Phillips Rice Robinson Sandifer Sheheen Simrill Smith, D. Stille Townsend Tripp Vaughn Walker Woodrum
So, the amendment was tabled.
I support income tax relief. However, the method of the Robinson amendment would have increased next year's annualization by almost 12 million dollars, thus causing deficit spending.
Rep. RICHARD M. QUINN, JR.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Rep. H. BROWN proposed the following Amendment No. 1A (Doc Name P:\AMEND\JIC\5642HTC.98), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1997-98 the following amounts:
(1) Election Commission - 1998 Statewide
General Election 2,088,000
(2) State Dept. of Education:
Instructional Materials (Textbooks) 10,854,403
(3) Higher Education - Formula Funding 25,000,000
(4) Governor's School for Math
and Science - New Campus Mill
Renovation Project (Phase 3) 3,000,000
(5) Governor's School for the Arts -
Technology, Furniture, Equipment 2,000,000
(6) Walker Hall - School for the
Deaf & Blind (Phase II of Renovation) 1,653,800
(7) Judicial Department - Info. Tech.
Replacement & Maintenance 500,000
(8) Coastal Carolina -
Humanities Bldg. Completion 2,300,000
(9) Horry-Georgetown TEC -
Library & Student Services 5,700,000
(10) DHEC: Water Quality Testing & Monitoring 1,000,000
(11) Clemson-PSA: SLC Fire Ant Study 200,000
(12) PRT: Palmetto Trails 85,000
(13) PRT: Heritage Corridor 1,000,000
(14) Clemson PSA -Agriculture
and Life Sciences Biotechnology Complex 4,000,000
(15) DHEC - Facility Renovations 1,000,000
(16) Commission for the Blind -
Facility Renovations 900,000
(17) Clemson - Littlejohn Coliseum 3,000,000
(18) Univ. of Charleston -Health
& Physical Education Complex 3,000,000
(19) USC - Arena 2,500,000
(20) Citadel-Continuation of
assimilation of women 750,000
(21) Francis Marion - Energy Facility Upgrade 525,000
(22) SC State - Hodge Hall Renovation 1,600,000
(23) USC- School of Public Health 3,500,000
(24) Winthrop - Science Equipment 775,000
(25) Chesterfield - Marlboro TEC - Roof Repair 250,000
(26) Tri-County TEC - Phase II -
Health\Science Building Renovation 1,500,000
(27) B&C Board - Local Government Grant Fund 794,309
(28) B&C Board - Local Government Fund -
Infrastructure Revolving Loan Fund 794,310
(29) Southern Leg. Conference-House 180,000
(29.1) Expenses incurred by this State as a result of hosting the 1998 Annual Meeting of the Southern Legislative Conference must be paid from private contributions. State funds appropriated for this purpose must be expended only to the extent that private contributions are insufficient. After all expenses of hosting the meeting have been paid, unexpended state funds shall lapse to the General Fund, and unexpended private contributions must be remitted to the State Treasurer and credited to the General Fund.
(30) DHEC: Beach Renourishment -
Horry 2,000,000
(30.1) Any funds appropriated by the State for the Grand Strand Beach Renourishment Project cannot be expended until the Department of Health & Environmental Control certifies that the required funds from local governments for construction of the Grand Strand Beach Renourishment Project are available for expenditure.
(31) Coordinating Council:
Lake Marion Regional Water Agency 1,000,000
(32) PRT: Palmetto Youth Games 25,000
(33) PRT: Senior Center Expansion
& Building Renovation 25,000
(34) PRT: Conference Center - Columbia 2,000,000
(35) State Library: Dillon Library 1,000,000
(36) Korean War Memorial 200,000
(37) PRT: Lexington Equestrian Center 200,000
(38) B&C Board-Division of Regional Development:
Oversight Requirement-Ehrhardt 20,000
TOTAL 86,919,822
SECTION 2. The Comptroller General shall post the appropriations contained in this joint resolution in fiscal year 1998-99.
SECTION 3. This joint resolution takes effect thirty days after the completion of the 1997-98 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
Rep. STUART moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4346 -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Barrett Beck Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Canty Chellis Cooper Cotty Edge Emory Gamble Gourdine Govan Harrell Harris Harrison Haskins Hines, J. Hinson Inabinett Keegan Kelley Kinon Knotts Koon Lanford Leach Limehouse Littlejohn Lloyd Maddox Martin McCraw McGee McLeod McMahand McMaster Neal Neilson Phillips Quinn Riser Rodgers Sandifer Scott Sharpe Smith, D. Smith, J. Smith, R. Spearman Stuart Townsend Trotter Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Davenport Delleney Fleming Jennings Kirsh Law Loftis Meacham Moody-Lawrence Robinson Seithel Sheheen Simrill Stille Tripp
So, Free Conference Powers were rejected.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by deleting subsection (B) on page 4799-3, so when amended Section 90-21-136 reads:
/ "Section 50-21-136. (A) There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:
Broad Creek;
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Creek);
Folly Creek;
Skull Creek between Day Marker '13' and Day Marker '14';
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek.
There is also established a no-wake zone between one hundred yards north of Marker 40 and Marker 41 on the New River in Beaufort County.
The no wake zone boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department.
(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period not exceeding ten days, or both, for a first offense or a fine of five hundred dollars or imprisonment for a period not exceeding thirty days, or both, for a second or subsequent offense." /
Amend title to conform.
/s/Holly A. Cork /s/Charles R. Sharpe /s/John C. Land III /s/Thomas N. Rhoad /s/McKinley Washington, Jr. /s/William D. Witherspoon On Part of the Senate. On Part of the House.
Rep. SHARPE explained the Conference Report.
Rep. KNOTTS raised a Point of Order that the conference report to H. 4799 was out of order under House Rule 5.14 in that no report of a Committee on Conference or Free Conference, the General Appropriations Bill, the Supplemental Appropriations Bill or local matters may be considered until such report has been printed in the House Journal.
SPEAKER WILKINS sustained the Point of Order.
The following Concurrent Resolution was taken up.
S. 1065 -- Senators McConnell, Branton, Ravenel, Mescher, Ford, Grooms and Passailaigue: A CONCURRENT RESOLUTION TO APPROVE THE CHARLESTON MUSEUM AS THE SITE FOR PERMANENT DISPLAY AND EXHIBITION OF THE H.L. HUNLEY.
Whereas, Section 54-7-100 of the South Carolina Code of Laws, 1976, requires the Hunley Commission to submit to the General Assembly for its review and approval a recommendation for an appropriate site in South Carolina for the permanent display and exhibition of the H.L. Hunley; and
Whereas, the preliminary report on the condition of the Hunley by the National Park Service has indicated that soil reoxygenation due to exposure during the assessment expedition will rapidly accelerate deterioration of the Hunley; and
Whereas, the National Park Service report has determined it is necessary to raise the Hunley as expeditiously as possible; and
Whereas, the Hunley Commission has voted to raise the Hunley based on current scientific reports; and
Whereas, the siting for permanent display of the Hunley is an important prerequisite for collecting donations for the raising, restoring, and curating of the H.L. Hunley; and
Whereas, the Hunley Commission has submitted a request for proposals for siting of the H.L. Hunley; and
Whereas, the Charleston Museum was the only entity that submitted a proposal for siting of the Hunley; and
Whereas, the members of the commission felt that the Charleston Museum's long association with the Hunley, the museum's location, and its desire to house the Hunley has made the museum a logical site; and
Whereas, the commission voted unanimously to recommend the Charleston Museum as the site for permanent display of the Hunley. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That conditioned upon satisfactory negotiations between appropriate parties and the required approval of the General Assembly, the Charleston Museum shall be the site for permanent display of the H.L. Hunley.
Rep. QUINN explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 1216 -- Senators J. Verne Smith, Peeler, Leatherman, Cork and Ryberg: A CONCURRENT RESOLUTION TO APPROVE THE PROPOSAL FOR THE AFRICAN-AMERICAN HISTORY MONUMENT, SUBJECT TO FURTHER APPROVAL OF CERTAIN DETAILS, BY THE STATE HOUSE COMMITTEE.
Whereas, the African-American History Monument Commission has reported a design to the State House Committee for approval; and
Whereas, the sculptor selected is Mr. Ed Dwight of Denver, Colorado; and
Whereas, the State House Committee has approved the overall concept of the commission's proposed monument, subject to certain details to be reconsidered and approved by the State House Committee. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly approves the proposed design for the African-American History Monument presented by the African-American History Monument Commission to the State House Committee, subject to further State House Committee approval of certain details of the monument.
Be it further resolved that the State House Committee's approval of certain details shall constitute final approval of the monument and authorization to begin the process of installation upon completion of the State House renovation process.
Rep. YOUNG-BRICKELL explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5143 -- Rep. Fleming: A BILL TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.
On motion of Rep. FLEMING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Thursday, May 14, which was adopted.
S. 963 -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
Rep. SCOTT asked unanimous consent to recall S.547 from the Committee on Ways and Means.
Rep. KELLEY objected.
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5131 -- Rep. Delleney: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO LIEUTENANT MALCOLM CAMERON OF THE CHESTER COUNTY SHERIFF'S DEPARTMENT UPON BEING SELECTED AS THE "LAW ENFORCEMENT OFFICER OF THE YEAR" FOR THE MIDLANDS REGION OF SOUTH CAROLINA.
H. 5137 -- Reps. Harvin, Kennedy, Young, Woodrum, G. Brown, Neal, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF BENJAMIN FRANKLIN CANTY, JR., OF SUMTER AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5138 -- Rep. Battle: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING ST. PAUL BAPTIST CHURCH OF MULLINS FOR ITS OUTSTANDING FAITH AND EXCELLENT OUTREACH AND SERVICE TO THE COMMUNITY.
At 1:30 P.M. the House in accordance with the motion of Rep. RODGERS adjourned in memory of Hooks K. Johnston, Jr., of Beaufort County to meet at 10:00 A.M. tomorrow.
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