Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
As we walk and work through this Legislative Session, just begun, make of us good neighbors to those around us. Possess us with such attributes of those who
Dismiss suspicion, replace it with trust;
Keep a promise;
Forego a grudge;
Apologize when wrong;
Try to understand;
Be kind and gentle;
Show concern for others;
Show it again;
Show it still again.
Always and without fail make us treat others as we would have others to treat us.
In Your goodness, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of First Sergeant Frankie Lee Lingard of Orangeburg, which was agreed to.
The following was received.
Columbia, S.C., January 14, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on S. 803 (Word version), R. 262 by a vote of 0 to 46. (R262) S. 803 -- Senators Washington, Matthews, Rose and Williams: AN ACT TO AMEND SECTION 3 OF ACT 117 OF 1961, AS LAST AMENDED BY ACT 587 OF 1984, PERTAINING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT EACH MEMBER SHALL RECEIVE AN ANNUAL SALARY OF TWO THOUSAND FOUR HUNDRED DOLLARS.
Very respectfully,
President
Received as information.
The following were received and referred to the appropriate committees for consideration.
Document No. 2222
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-30, 47-20-40, 47-20-60, and 47-20-160 et seq.
Standards for the Permitting of Agricultural Animal Facilities
Received By Speaker January 13, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 13, 1998
Document No. 2226
Promulgated By Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-30-10, 59-39-100
Graduation Requirements
Received By Speaker January 13, 1998
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 13, 1998
Document No. 2229
Promulgated By Department of Natural Resources
Statutory Authority: 1976 Code Section 50-16-50
Non-Indigenous Shrimp
Received By Speaker January 13, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 13, 1998
Document No. 2262
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-35-10 et. seq.
South Carolina Central Cancer Registry
Received By Speaker January 13, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 13, 1998
Document No. 2260
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-50 and 48-1-110
Standards for Wastewater Facility Construction
Received By Speaker January 14, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 14, 1998
Document No. 2242
Promulgated By Department of Labor, Licensing and Regulation - Board of Long Term Health Care Administrators
Statutory Authority: 1976 Code Section 40-35-60
Operating a Facility Without a License; Reinstatement of Lapsed License
Received By Speaker January 14, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 14, 1998
Document No. 2227
Promulgated By Department of Education
Statutory Authority: 1976 Code Section 59-39-190
Superior Scholars for Today and Tomorrow (STAR) High School Diploma/Scholarship
Received By Speaker January 14, 1998
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 14, 1998
Document No. 2249
Promulgated By Department of Revenue
Statutory Authority: 1976 Code Sections 12-4-320 and 61-4-60
When Beer Sold on Credit, Dishonored Checks, etc.
Received By Speaker January 14, 1998
Referred to House Committee on Judiciary
120 Day Review Expiration Date May 14, 1998
Document No. 2252
Promulgated By Department of Revenue
Statutory Authority: 1976 Code Sections 12-4-320 & 12-37-90(a)
Cadastral Maps and Parcel Identifiers
Received By Speaker January 14, 1998
Referred to House Committee on Ways and Means
120 Day Review Expiration Date May 14, 1998
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3337 (Word version) -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3784 (Word version) -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young and Govan: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4399 (Word version) -- Reps. Wilkins, Townsend, Harrell, Haskins, Allison, J. Hines, Hinson, D. Smith, R. Smith, Stuart, Walker, Limehouse, Maddox, Spearman, Kennedy, Vaughn, G. Brown, Battle, Whatley, Barfield, Barrett, Young-Brickell, Bailey, Meacham, Neilson, Rice, Bauer, McCraw, Martin, Chellis, Rodgers, Delleney, Littlejohn, Stille, Stoddard, Cato, J. Brown, Law, Cotty, Witherspoon, Kinon, Knotts, Woodrum, Beck, T. Brown, Rhoad, Riser, Mason, Dantzler, Edge, McKay, Sandifer, Davenport, McGee, Gamble, McMaster, Felder, Byrd, Lanford, Miller, Phillips, Koon, McMahand, Kirsh, Quinn, Wilkes, Cromer, Cooper, Wilder, Harvin, Harrison, H. Brown and Sharpe: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE STATE BOARD OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS AND AWARDS FOR SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS, AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; AND TO REPEAL CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM.
Ordered for consideration tomorrow.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4401 (Word version) -- Reps. D. Smith, Harrison, Young, Baxley, McMaster, Wilkins and Delleney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.
Referred to Committee on Judiciary.
H. 4402 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO ADD TO THE AREA IN YORK COUNTY.
Referred to York 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 Canty Carnell Cato Cave Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod Meacham Miller Moody-Lawrence Mullen Neal Neilson Pinckney Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, January 14.
Willie B. McMahand Bradley L. Jordan C. Alex Harvin III Joe McMaster Theodore A. Brown Harry R. Askins Olin R. Phillips Eugene C. Stoddard Bill Cotty Jerry N. Govan, Jr.
The SPEAKER granted Rep. CHELLIS a leave of absence for today and tomorrow for business purposes.
The SPEAKER granted Rep. RHOAD a leave of absence to attend a meeting in Bamberg at 2:00 P.M.
The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day to attend a funeral.
I was speaking with a constituent during roll call and was out of the Chamber for ten minutes.
Rep. BRADLEY L. JORDAN
Announcement was made that Dr. Richard Ulmer of Charleston is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4315 (Word version) -- Reps. Beck, Mason, R. Smith, Sharpe, Spearman and Clyburn: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
The following Bill was taken up.
H. 3968 (Word version) -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.
Reps. CLYBURN, R. SMITH, SHARPE, BECK and MASON proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1205DW.97).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Notwithstanding any other provision of law, by a two-thirds vote of all members, a county legislative delegation may override a decision of the South Carolina Department of Transportation concerning the placement of electrically operated traffic-control signals in a county or counties represented by that delegation./
Amend title to conform.
Rep. SHEHEEN objected to the Bill.
Rep. D. SMITH moved to adjourn debate upon the following Bill until Thursday, January 15, which was adopted.
S. 75 (Word version) -- Senators Drummond and Holland: A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE "VICTIM'S BILL OF RIGHTS" BY ADDING SECTION 24; AND ALSO TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
Rep. HARRISON asked unanimous consent to recall H. 4401 (Word version) from the Committee on Judiciary.
Rep. SHEHEEN objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3277 (Word version) -- Reps. Stuart, Felder and Govan: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF ORANGEBURG COUNTY SCHOOL DISTRICTS, SO AS TO PROHIBIT THE ISSUING OF GENERAL OBLIGATION BONDS AND THE CONDUCTING OF ANY REFERENDUM NECESSARY TO ISSUE BONDS BY ANY SCHOOL DISTRICT IN ORANGEBURG COUNTY BEFORE JULY 1, 1997.
Rep. FELDER moved to table the Bill, which was agreed to.
The following was introduced.
H. 4403 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 4.16, RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE DUTIES OF THE HOUSE LEGISLATIVE ETHICS COMMITTEE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH PAPERS, DOCUMENTS, AND PROCEEDINGS OF THE COMMITTEE ARE CONFIDENTIAL AND MUST BE HANDLED; TO AMEND RULE 5.2, RELATING TO THE PRESENTATION OF BILLS OR RESOLUTIONS, SO AS TO ALLOW MEMBERS TO REMOVE OR ADD THEIR NAMES AS A CO-SPONSOR OF A BILL OR RESOLUTION PRIOR TO ITS SECOND READING; TO AMEND RULE 5.12, RELATING TO CONSIDERATION OF STATEWIDE BILLS OR JOINT RESOLUTIONS BY SPECIFIED DATES, SO AS TO PROVIDE THAT THE APRIL FIFTEENTH DEADLINE FOR THE INTRODUCTION OF STATEWIDE BILLS OR RESOLUTIONS IN THE HOUSE DOES NOT APPLY TO THE FIRST YEAR OF A TWO-YEAR SESSION; TO AMEND RULE 5.13, RELATING TO FISCAL IMPACT STATEMENTS REQUIRED FOR CERTAIN BILLS, SO AS TO REQUIRE COMMITTEE AMENDMENTS THAT SUBSTANTIALLY CHANGE A BILL AFFECTING THE EXPENDITURE OF STATE MONEY TO HAVE A FISCAL IMPACT STATEMENT AND TO CLARIFY THAT FISCAL IMPACT STATEMENTS MUST BE ATTACHED PRIOR TO SECOND READING; TO AMEND RULE 5.19, RELATING TO PROCEDURAL MATTERS AND MOTIONS BEFORE THE HOUSE, SO AS TO CLARIFY THAT A MEMBER'S TIME FOR SPEAKING ON A MOTION TO RECONSIDER THE VOTE WHEREBY AN AMENDMENT WAS ADOPTED AFTER CLOTURE HAS BEEN INVOKED IS LIMITED TO THE REMAINDER OF THE TIME ALLOWED FOR DEBATE OF THE AMENDMENT AND TO EXPRESSLY STATE THAT THE GRANTING OF FREE CONFERENCE POWERS REQUIRES A TWO-THIRDS VOTE OF THE ENTIRE MEMBERSHIP; TO AMEND RULE 6.3, RELATING TO THE DAILY ORDER OF BUSINESS, SO AS TO PROVIDE FOR THE MANNER IN WHICH CONSIDERATION OF VETOES AND THE CONSIDERATION OF SENATE AMENDMENTS SHALL BE CONSIDERED WITHIN THE DAILY ORDER OF BUSINESS; TO AMEND RULE 7.3, RELATING TO ELECTRONIC ROLL CALL AND THE ATTENDANCE OF MEMBERS, SO AS TO ALLOW ONE MINUTE FOR ROLL CALL VOTES INSTEAD OF TWO MINUTES; TO AMEND RULE 8.10, RELATING TO DIVIDING THE QUESTION, SO AS TO CLARIFY THAT THE SPEAKER SHALL DETERMINE IF A QUESTION SHOULD BE DIVIDED; TO AMEND RULE 8.11, RELATING TO NONDEBATABLE MOTIONS, SO AS TO INCLUDE THE GRANTING OF FREE CONFERENCE POWERS IN THE LIST OF NONDEBATABLE MOTIONS; TO AMEND RULE 8.14, RELATING TO DEBATE AND MOTIONS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND RULE 8.15, RELATING TO A MOTION TO CONTINUE A MATTER, SO AS TO CLARIFY THAT A MOTION TO CONTINUE IS ONLY TO THE NEXT SESSION AND CANNOT BE TO A SPECIFIC DATE; TO AMEND RULE 9.2, RELATING TO AMENDMENTS OF BILLS ON THIRD READING, SO AS TO PERMIT COMMITTEE CHAIRMEN TO OFFER TECHNICAL "AMENDMENTS" RATHER THAN A TECHNICAL "AMENDMENT" ON THIRD READING AFTER NOTICE; TO AMEND RULE 10.3, RELATING TO DEFINITIONS, SO AS TO SPECIFY THAT A VETO BY THE GOVERNOR MAY BE OVERRIDDEN BY A TWO-THIRDS VOTE OF THE MEMBERS PRESENT AND VOTING; AND TO AMEND RULE 10.7, RELATING TO THE PROHIBITION AGAINST SMOKING IN THE HALL OF THE HOUSE, SO AS TO REVISE THE AREAS WHERE SMOKING IS PROHIBITED AND PERMITTED.
Be it resolved by the House of Representatives:
(1) That Rule 4.16 of the Rules of the House be amended to read:
"4.16 a. The House of Representatives Legislative Ethics Committee has the following duties in addition to those provided for by statutory law:
(1) upon request of any member, officer or employee of the House of Representatives, to render advisory opinions with regard to legislative ethics when in its judgment such opinions would serve the public interest;
(2) to make available annually to the House of Representatives a compilation of the principles set forth in advisory opinions rendered;
(3) upon the filing of a complaint with the Ethics Committee alleging a violation of the ethics law or House Rules or upon the referral by the Speaker of a matter in which there is an allegation of conduct in contempt of the House or which otherwise violates House Rules, the Committee shall conduct a hearing and/or render an advisory opinion and report its findings, with any order of punishment, to the Speaker.
b. All papers, documents and proceedings relating to conduct or disciplinary action against members are confidential and must be handled in the manner prescribed for the disciplinary procedure for attorneys in Rule 413, Section 20 of the South Carolina Appellate Court Rules in Section 8-13-540 of the 1976 Code unless made public by the committee in a report to the House of Representatives."
(2) That Rule 5.2 of the Rules of the House be amended to read:
"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 the 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.
And every bill or joint resolution which shall propose the amendment or repeal of any Section, Chapter or Title of the General Statutes or of any Act of Assembly or Joint Resolution, shall, in its title express the subject matter of such Section, Chapter, Title, Act or Joint Resolution so sought to be amended or repealed. If this is not complied with, the paper shall not be received by the Speaker and objection may be raised by any member to such improper introduction at any time prior to third reading that the bill or resolution is being considered by the House.
Every bill or joint resolution proposing to amend any section or clearly identifiable subdivision or portion of a section of any chapter of the General Statutes or of any Act of Assembly or joint resolution shall give the full text of the Section or clearly identifiable subdivision or portion of a Section as it would read with such amendment inserted therein. And if this latter clause of this Rule is not complied with, the bill or Joint Resolution shall be amended so as to conform to this Rule before it be considered by the House. Any member may require such amendment at any time a bill or resolution not in conformance herewith is being considered by the House."
(3) That Rule 5.12 of the Rules of the House be amended to read:
"5.12 No statewide bill or joint resolution, except an appropriations bill, general, supplemental, deficiency, or a joint resolution approving or disapproving regulations of a state agency shall be considered unless (1) such legislation is introduced in the House prior to April fifteenth of the year in which it is to be considered second year of a two-year legislative session or (2) such legislation shall have been introduced in the Senate and received prior to May first in the House, unless in either event it was introduced in the previous year and was carried over to the year in which it is to be considered; provided, however, that nothing herein shall prevent a statewide bill or joint resolution from being received, given first reading and referred to the appropriate committee. No such bill or joint resolution shall be placed on the calendar for further consideration unless two-thirds of those members present and voting agree to waive the rule. Once voted on and rejected, no further vote shall be allowed to waive this rule.
The motion to waive this rule shall not be debatable except that the mover shall have the right to make a three minute explanation of his motion.
The provisions of this rule shall apply only to regular sessions of the General Assembly as opposed to special sessions of the General Assembly.
The Speaker shall enforce the deadlines provided by this rule and shall not allow consideration without putting the question of waiver before the House."
(4) That Rule 5.13 of the Rules of the House be amended to read:
"5.13 Each bill effecting the expenditures of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the appropriate state official or office as may appear appropriate regarding the bill's effect on the finances of the State. Each committee amendment that substantially changes a bill effecting expenditures of money by the State, prior to the bill receiving second reading, shall have attached to the committee amendment such comment of the appropriate state official or office as may appear appropriate regarding the committee amendment's effect on the finances of the State. Provided, however, this rule shall not be invoked where the amount is shown in the bill.
Committee chairmen shall satisfy this requirement these requirements of a fiscal impact statement prior to the bill being considered on receiving second reading."
(5) That Rule 5.19 of the Rules of the House be amended to read:
"5.19 a. No member shall speak more than twice on the main question of a bill or resolution being considered for any reading and not longer than sixty minutes for the first speech nor longer than thirty minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting. No member shall speak more than twice upon an amendment or a motion to reconsider that is debatable, and then not longer than ten minutes each time. However, if the previous question has been invoked, no member may speak more than twice on a motion to reconsider that is debatable, and then not longer than the amount of time remaining for debate of the underlying motion; provided, that proposed amendments announced and introduced by the Reading Clerk shall be considered prior to a member speaking on the bill. No member shall speak more than twice on Senate Amendments to a House Bill and not longer than sixty minutes for the first speech nor longer than thirty minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting. The House may, however, by consent of a majority of the members present and voting suspend the operation of this rule during any debate on any particular question before the House.
b. Subsection (a) of this rule shall be applicable on a section by section basis on debate upon the General Appropriations Bill, the Supplemental Appropriations Bill, or the bond bills but shall not apply to bills on reapportionment.
c. The motion to grant question of granting Free Conference Powers shall require an affirmative vote of two-thirds of the membership of the House and is not debatable. No member shall speak more than twice on the question of adoption of a Conference or Free Conference Report and not longer than sixty minutes for the first speech nor longer than thirty minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting. Furthermore, the question of adoption of a Conference or Free Conference Report is subject to the provisions of Rule 8.6."
(6) That Rule 6.3(11) of the Rules of the House be amended to read:
"11. a. consideration of unanimous consent requests;
b. consideration of vetoes;
c. consideration of Senate amendments;
d. consideration of local contested bills and joint resolutions on third reading;"
(7) That Rule 7.3b of the Rules of the House be amended to read:
"b. Two minutes One minute after the bell has been sounded, the Speaker shall ask the question: 'Have all members present voted?' After a pause, the Speaker shall then lock the machine and instruct the Clerk to tabulate the vote on the electronic roll call board. The Speaker shall then announce the result of the vote."
(8) That Rule 8.10 of the Rules of the House be amended to read:
"8.10 Any member may without debate, call for the division of a question and the House may divide the question if it the Speaker shall appear to comprehend the question so distinct that, one being taken away, the rest may stand entirely on its own."
(9) That Rule 8.11a of the Rules of the House be amended to read:
"a. The following motions shall be decided by simple majority unless otherwise specified and without debate after any short remarks the Speaker permits:
to adjourn;
to recede;
to continue;
to lay on the table;
for the previous question (unless it is made when a member has the floor and then it requires a majority plus five);
to adjourn debate;
to commit or recommit;
to resolve the House into a Committee of the Whole;
to proceed to the orders of the day;
to recur to the morning hour;
to fix the hour to which the House shall next meet;
to grant free conference powers;"
(10) That Rule 8.14 of the Rules of the House be amended to read:
"8.14 When a question shall have been once decided in the affirmative or negative, any member who voted with the prevailing side may on the same day or the next day of the sitting of the House move for a reconsideration thereof and the House if in session for statewide matters, shall immediately have the question of reconsideration before it, except when Special Orders are being considered. If the House is not in session for statewide matters or have before it a matter under Special Order, it shall have the question of reconsideration before it as provided in Rule 6.3. If the House shall refuse to reconsider, or, upon reconsideration, shall affirm its first decision, no further motion shall be in order except by unanimous consent, provided, that once a motion to reconsider is made it may not be withdrawn except in the same day in which it was made.
Provided, that a motion to reconsider shall not be allowed if the bill, resolution, message, report, amendment, motion, or the paper upon which the vote was taken shall not have gone out of the possession of the House.
A motion to reconsider may be laid on the table. If such motion be laid on the table, it shall be deemed a final disposition of the motion."
(11) That Rule 8.15 of the Rules of the House be amended to read:
"8.15 A member may move to continue a matter when called on the calendar to the next session, but not to a specific date in the next session; and if the House agrees thereto, the matter shall be thereupon continued; to the next session, and the Clerk of the House shall make up a calendar of all the matters so continued, placing the same thereupon, in the order in which they have been continued. At the ensuing session the continued matters shall be taken up and considered in the same stage in which they were when so continued and shall have priority according to the last order for consideration made upon them.
If a motion to continue, having received an affirmative vote, shall be reconsidered and thereupon such motion to continue shall receive a negative vote, the matter shall be taken up in its original place on the calendar."
(12) That Rule 9.2 of the Rules of the House be amended to read:
"9.2 At the third reading of a bill, no amendment shall be permitted without unanimous consent, except that the Chairman of the Committee on Ways and Means may (if he shall have given notice at the second reading of his intention to offer amendments at the third) be permitted to offer amendments to any appropriations bill, as may be pertinent to the bill. The chairman of any committee may (if he has given notice at the second reading of his intention to offer an amendment amendments at the third) be permitted to offer a technical amendment amendments to any bill which has been reported from his committee; and,
Provided, that the House may, in its discretion, commit or recommit any bill at its third reading and after the report of the committee any amendment which it shall recommend may be adopted."
(13) That Rule 10.3 of the Rules of the House be amended to read:
"10.3 Definitions of measures:
1. 'Resolutions' This term includes:
a. 'House Resolution' which affects only the action of the House and the members thereof. It requires only one reading for adoption, and shall not be submitted to the Senate.
b. 'Concurrent Resolution' which affects only the action of the General Assembly and the members thereof. It requires only one reading in each House for adoption.
c. 'Joint Resolution' which shall have the same force of law as an Act, but is a temporary measure, dying when its subject matter is completed. It requires the same treatment as a bill does in its passage through both Houses, but its title after passage shall not be changed to that of an Act; and when used to propose an amendment to the Constitution it does not require the approval of the Governor.
2. 'Bill' A bill is the term applied to a measure introduced in either House designed to become a permanent law (or an 'Act').
It must be read and adopted three times on three separate days in each House, following which its title is changed to that of an Act.
3. 'Act' An Act is the term applied to a bill that has passed both Houses, been ratified by the presiding officer of each House and signed by the Governor or passed over his veto. It is a permanent measure, having the force of law until repealed.
4. 'Veto' The term used for disapproval of a Bill or Joint Resolution by the Governor. It may be overridden by a two-thirds vote of the members present and voting of each House."
(14) That Rule 10.7 of the Rules of the House be amended to read:
"10.7 No smoking is permitted in the Hall of any area under the exclusive control of the House of Representatives unless the area is otherwise designated a 'smoking area' by the Speaker. Smoking for purposes of this rule includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment."
Rep. D. SMITH was recognized.
Rep. BAXLEY made the Point of Order that the Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER overruled the Point of Order.
Rep. D. SMITH explained the Resolution.
Rep. SHEHEEN moved to divide the question, which was agreed to.
(1) That Rule 4.16 of the Rules of the House be amended to read:
"4.16 a. The House of Representatives Legislative Ethics Committee has the following duties in addition to those provided for by statutory law:
(1) upon request of any member, officer or employee of the House of Representatives, to render advisory opinions with regard to legislative ethics when in its judgment such opinions would serve the public interest;
(2) to make available annually to the House of Representatives a compilation of the principles set forth in advisory opinions rendered;
(3) upon the filing of a complaint with the Ethics Committee alleging a violation of the ethics law or House Rules or upon the referral by the Speaker of a matter in which there is an allegation of conduct in contempt of the House or which otherwise violates House Rules, the Committee shall conduct a hearing and/or render an advisory opinion and report its findings, with any order of punishment, to the Speaker.
b. All papers, documents and proceedings relating to conduct or disciplinary action against members are confidential and must be handled in the manner prescribed for the disciplinary procedure for attorneys in Rule 413, Section 20 of the South Carolina Appellate Court Rules in Section 8-13-540 of the 1976 Code unless made public by the committee in a report to the House of Representatives."
Rep. D. SMITH explained the question.
Question 1 was adopted.
(2) That Rule 5.2 of the Rules of the House be amended to read:
"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 the 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.
And every bill or joint resolution which shall propose the amendment or repeal of any Section, Chapter or Title of the General Statutes or of any Act of Assembly or Joint Resolution, shall, in its title express the subject matter of such Section, Chapter, Title, Act or Joint Resolution so sought to be amended or repealed. If this is not complied with, the paper shall not be received by the Speaker and objection may be raised by any member to such improper introduction at any time prior to third reading that the bill or resolution is being considered by the House.
Every bill or joint resolution proposing to amend any section or clearly identifiable subdivision or portion of a section of any chapter of the General Statutes or of any Act of Assembly or joint resolution shall give the full text of the Section or clearly identifiable subdivision or portion of a Section as it would read with such amendment inserted therein. And if this latter clause of this Rule is not complied with, the bill or Joint Resolution shall be amended so as to conform to this Rule before it be considered by the House. Any member may require such amendment at any time a bill or resolution not in conformance herewith is being considered by the House."
Rep. D. SMITH explained the question.
Question 2 was adopted.
(3) That Rule 5.12 of the Rules of the House be amended to read:
"5.12 No statewide bill or joint resolution, except an appropriations bill, general, supplemental, deficiency, or a joint resolution approving or disapproving regulations of a state agency shall be considered unless (1) such legislation is introduced in the House prior to April fifteenth of the year in which it is to be considered second year of a two-year legislative session or (2) such legislation shall have been introduced in the Senate and received prior to May first in the House, unless in either event it was introduced in the previous year and was carried over to the year in which it is to be considered; provided, however, that nothing herein shall prevent a statewide bill or joint resolution from being received, given first reading and referred to the appropriate committee. No such bill or joint resolution shall be placed on the calendar for further consideration unless two-thirds of those members present and voting agree to waive the rule. Once voted on and rejected, no further vote shall be allowed to waive this rule.
The motion to waive this rule shall not be debatable except that the mover shall have the right to make a three minute explanation of his motion.
The provisions of this rule shall apply only to regular sessions of the General Assembly as opposed to special sessions of the General Assembly.
The Speaker shall enforce the deadlines provided by this rule and shall not allow consideration without putting the question of waiver before the House."
Rep. D. SMITH explained the question.
Question 3 was adopted.
(4) That Rule 5.13 of the Rules of the House be amended to read:
"5.13 Each bill effecting the expenditures of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the appropriate state official or office as may appear appropriate regarding the bill's effect on the finances of the State. Each committee amendment that substantially changes a bill effecting expenditures of money by the State, prior to the bill receiving second reading, shall have attached to the committee amendment such comment of the appropriate state official or office as may appear appropriate regarding the committee amendment's effect on the finances of the State. Provided, however, this rule shall not be invoked where the amount is shown in the bill.
Committee chairmen shall satisfy this requirement these requirements of a fiscal impact statement prior to the bill being considered on receiving second reading."
Rep. D. SMITH explained the question.
Question 4 was adopted.
(5) That Rule 5.19 of the Rules of the House be amended to read:
"5.19 a. No member shall speak more than twice on the main question of a bill or resolution being considered for any reading and not longer than sixty minutes for the first speech nor longer than thirty minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting. No member shall speak more than twice upon an amendment or a motion to reconsider that is debatable, and then not longer than ten minutes each time. However, if the previous question has been invoked, no member may speak more than twice on a motion to reconsider that is debatable, and then not longer than the amount of time remaining for debate of the underlying motion; provided, that proposed amendments announced and introduced by the Reading Clerk shall be considered prior to a member speaking on the bill. No member shall speak more than twice on Senate Amendments to a House Bill and not longer than sixty minutes for the first speech nor longer than thirty minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting. The House may, however, by consent of a majority of the members present and voting suspend the operation of this rule during any debate on any particular question before the House.
b. Subsection (a) of this rule shall be applicable on a section by section basis on debate upon the General Appropriations Bill, the Supplemental Appropriations Bill, or the bond bills but shall not apply to bills on reapportionment.
c. The motion to grant question of granting Free Conference Powers shall require an affirmative vote of two-thirds of the membership of the House and is not debatable. No member shall speak more than twice on the question of adoption of a Conference or Free Conference Report and not longer than sixty minutes for the first speech nor longer than thirty minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting. Furthermore, the question of adoption of a Conference or Free Conference Report is subject to the provisions of Rule 8.6."
Rep. D. SMITH explained the question.
Question 5 was adopted.
(6) That Rule 6.3(11) of the Rules of the House be amended to read:
"11. a. consideration of unanimous consent requests;
b. consideration of vetoes;
c. consideration of Senate amendments;
d. consideration of local contested bills and joint resolutions on third reading;"
Rep. D. SMITH explained the question.
Question 6 was adopted.
(7) That Rule 7.3b of the Rules of the House be amended to read:
"b. Two minutes One minute after the bell has been sounded, the Speaker shall ask the question: 'Have all members present voted?' After a pause, the Speaker shall then lock the machine and instruct the Clerk to tabulate the vote on the electronic roll call board. The Speaker shall then announce the result of the vote."
Rep. D. SMITH explained the question.
Reps. BAXLEY, McLEOD and KIRSH spoke against the question.
Rep. KIRSH moved to table the question, which was agreed to.
(8) That Rule 8.10 of the Rules of the House be amended to read:
"8.10 Any member may without debate, call for the division of a question and the House may divide the question if it the Speaker shall appear to comprehend the question so distinct that, one being taken away, the rest may stand entirely on its own."
Rep. D. SMITH explained the question.
Question 8 was adopted.
(9) That Rule 8.11a of the Rules of the House be amended to read:
"a. The following motions shall be decided by simple majority unless otherwise specified and without debate after any short remarks the Speaker permits:
to adjourn;
to recede;
to continue;
to lay on the table;
for the previous question (unless it is made when a member has the floor and then it requires a majority plus five);
to adjourn debate;
to commit or recommit;
to resolve the House into a Committee of the Whole;
to proceed to the orders of the day;
to recur to the morning hour;
to fix the hour to which the House shall next meet;
to grant free conference powers;"
Question 9 was adopted.
(10) That Rule 8.14 of the Rules of the House be amended to read:
"8.14 When a question shall have been once decided in the affirmative or negative, any member who voted with the prevailing side may on the same day or the next day of the sitting of the House move for a reconsideration thereof and the House if in session for statewide matters, shall immediately have the question of reconsideration before it, except when Special Orders are being considered. If the House is not in session for statewide matters or have before it a matter under Special Order, it shall have the question of reconsideration before it as provided in Rule 6.3. If the House shall refuse to reconsider, or, upon reconsideration, shall affirm its first decision, no further motion shall be in order except by unanimous consent, provided, that once a motion to reconsider is made it may not be withdrawn except in the same day in which it was made.
Provided, that a motion to reconsider shall not be allowed if the bill, resolution, message, report, amendment, motion, or the paper upon which the vote was taken shall not have gone out of the possession of the House.
A motion to reconsider may be laid on the table. If such motion be laid on the table, it shall be deemed a final disposition of the motion."
Question 10 was adopted.
(11) That Rule 8.15 of the Rules of the House be amended to read:
"8.15 A member may move to continue a matter when called on the calendar to the next session, but not to a specific date in the next session; and if the House agrees thereto, the matter shall be thereupon continued; to the next session, and the Clerk of the House shall make up a calendar of all the matters so continued, placing the same thereupon, in the order in which they have been continued. At the ensuing session the continued matters shall be taken up and considered in the same stage in which they were when so continued and shall have priority according to the last order for consideration made upon them.
If a motion to continue, having received an affirmative vote, shall be reconsidered and thereupon such motion to continue shall receive a negative vote, the matter shall be taken up in its original place on the calendar."
Rep. D. SMITH explained the question.
Question 11 was adopted.
(12) That Rule 9.2 of the Rules of the House be amended to read:
"9.2 At the third reading of a bill, no amendment shall be permitted without unanimous consent, except that the Chairman of the Committee on Ways and Means may (if he shall have given notice at the second reading of his intention to offer amendments at the third) be permitted to offer amendments to any appropriations bill, as may be pertinent to the bill. The chairman of any committee may (if he has given notice at the second reading of his intention to offer an amendment amendments at the third) be permitted to offer a technical amendment amendments to any bill which has been reported from his committee; and,
Provided, that the House may, in its discretion, commit or recommit any bill at its third reading and after the report of the committee any amendment which it shall recommend may be adopted."
Question 12 was adopted.
(13) That Rule 10.3 of the Rules of the House be amended to read:
"10.3 Definitions of measures:
1. 'Resolutions' This term includes:
a. 'House Resolution' which affects only the action of the House and the members thereof. It requires only one reading for adoption, and shall not be submitted to the Senate.
b. 'Concurrent Resolution' which affects only the action of the General Assembly and the members thereof. It requires only one reading in each House for adoption.
c. 'Joint Resolution' which shall have the same force of law as an Act, but is a temporary measure, dying when its subject matter is completed. It requires the same treatment as a bill does in its passage through both Houses, but its title after passage shall not be changed to that of an Act; and when used to propose an amendment to the Constitution it does not require the approval of the Governor.
2. 'Bill' A bill is the term applied to a measure introduced in either House designed to become a permanent law (or an 'Act').
It must be read and adopted three times on three separate days in each House, following which its title is changed to that of an Act.
3. 'Act' An Act is the term applied to a bill that has passed both Houses, been ratified by the presiding officer of each House and signed by the Governor or passed over his veto. It is a permanent measure, having the force of law until repealed.
4. 'Veto' The term used for disapproval of a Bill or Joint Resolution by the Governor. It may be overridden by a two-thirds vote of the members present and voting of each House."
Rep. D. SMITH explained the question.
Question 13 was adopted.
(14) That Rule 10.7 of the Rules of the House be amended to read:
"10.7 No smoking is permitted in the Hall of any area under the exclusive control of the House of Representatives unless the area is otherwise designated a 'smoking area' by the Speaker. Smoking for purposes of this rule includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment."
Rep. D. SMITH explained the question.
Question 14 was adopted.
The following was introduced:
H. 4404 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 1.9 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE APPOINTMENT OF MEMBERS TO COMMITTEES BY THE SPEAKER, SO AS TO GIVE THE SPEAKER THE AUTHORITY TO APPOINT THE COMMITTEE CHAIRMEN INSTEAD OF BEING ELECTED BY THE MEMBERS OF EACH STANDING COMMITTEE, AND PROVIDE THAT THE MEMBERS OF THE HOUSE OF REPRESENTATIVES LEGISLATIVE ETHICS COMMITTEE AND THE COMMITTEE ON OPERATIONS AND MANAGEMENT OF THE HOUSE OF REPRESENTATIVES MUST ELECT THEIR CHAIRMEN.
Be it resolved by the House of Representatives:
That Rule 1.9 of the Rules of the House of Representatives is amended to read:
"1.9 All committees shall be appointed by the Speaker, unless otherwise provided for by law, except Senatorial and Gubernatorial appointees and ex officio members of the House. The Speaker shall name the members constituting each committee in alphabetical order, and the Chairman shall be elected by the several committees Speaker shall appoint the committee chairmen for the standing committees. Provided, however, that the committee chairmen for the House of Representatives Legislative Ethics Committee and the Committee on Operations and Management of the House of Representatives shall be elected by the several members of those committees. The committee committees may at its their discretion elect a Vice-Chairman and such other officers as it they may choose."
Rep. D. SMITH explained the Resolution.
Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name L:\amdrule), which was tabled.
by striking the word "chairmen" in line 33 and inserting the words "Speaker Pro tempore and committee chairmen vice-chairmen".
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. G. BROWN spoke in favor of the amendment.
Rep. HASKINS moved to table the amendment, which was agreed to.
Rep. McLEOD proposed the following Amendment No. 2, which was tabled.
Amend Rule 1.9 of the Rules of the House of Representatives to read:
"1.9 All committees shall be appointed by the Speaker, unless otherwise provided for by law, except Senatorial and Gubernatorial appointees and ex officio members of the House. The Speaker shall name the members constituting each committee in alphabetical order, and the Chairman shall be elected by the several committees. A member may not serve as a committee chairman for a term greater than six consecutive years. The committee may at its discretion elect a Vice-Chairman and such other officers as it may choose."
Rep. McLEOD explained the amendment.
Rep. FELDER moved to table the amendment, which was agreed to.
The question then recurred to the adoption of the Resolution.
Rep. D. SMITH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Cato Cave Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Knotts Koon Lanford Law Leach Lee Littlejohn Lloyd Mack Maddox Martin Mason McAbee McCraw McGee McKay McMaster Meacham Mullen Neal Neilson Phillips Quinn Rice Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, F. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Brown, G. Carnell Cromer Howard Kirsh McLeod Miller Moody-Lawrence Pinckney Sheheen Smith, J. Stoddard Wilkes
So, the Resolution was adopted.
I was momentarily out of the Chambers but would have voted in favor of H. 4404.
Rep. H.B. LIMEHOUSE III
Rep. YOUNG moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4405 (Word version) -- Reps. Delleney, D. Smith, Canty, Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, JANUARY 27, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Tuesday, January 27, 1998, at 12:30 p.m. to elect a successor to the Honorable Don S. Rushing, Judge of the Sixth Judicial Circuit, whose unexpired 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; and 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.
Be it further resolved that all nominations shall be made by the Chairman of the Judicial Merit Selection Commission, and that no further nominating or seconding speeches shall be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4406 (Word version) -- Rep. Hawkins: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF NELL DAVIS CLARK OF SPARTANBURG COUNTY WHO DIED SUNDAY, JANUARY 11, 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4407 (Word version) -- Reps. Stille, Campsen, Altman, Barfield, Rodgers, Canty, Knotts, Cooper, Townsend, Cotty, Robinson, Cobb-Hunter, Simrill, Woodrum, Meacham, Maddox, Carnell, Miller, Allison, Gourdine, Hinson, Littlejohn, Bauer, Limehouse, Battle, Kelley, Barrett, Dantzler, T. Brown, Keegan, Young, Davenport, Mason, Moody-Lawrence, Edge and Witherspoon: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA TO AMEND THE SOCIAL SECURITY ACT SO AS TO ALLOW THE ISSUANCE OF WAIVERS TO THE SEVERAL STATES PERMITTING THE DESIGN AND IMPLEMENTATION OF ALTERNATIVE RETIREMENT OPTIONS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4408 (Word version) -- 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.
Referred to Committee on Labor, Commerce and Industry.
H. 4409 (Word version) -- Reps. Littlejohn, F. Smith, Seithel, Hawkins, Davenport, Allison, D. Smith, Lee, Hamilton, Vaughn, Walker, Fleming, McCraw, Phillips, Wilder and Pinckney: A BILL TO AMEND SECTIONS 12-6-3360 AND 12-10-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE RANKING AND DESIGNATION OF A COUNTY ACCORDING TO THE EXTENT OF ITS DEVELOPMENT, SO AS TO RANK AND DESIGNATE THOSE PORTIONS OF CHEROKEE AND SPARTANBURG COUNTIES WHICH ARE LOCATED IN SOUTH CAROLINA HOUSE OF REPRESENTATIVES DISTRICT 33 AS "LEAST DEVELOPED" COUNTIES FOR PURPOSES OF DETERMINING BENEFITS AVAILABLE TO BUSINESSES LOCATING THERE.
Referred to Committee on Ways and Means.
H. 4410 (Word version) -- Reps. Young, Rice, McMahand, Campsen, Seithel, Allison, Woodrum, Simrill, McMaster, Canty, Gourdine, Kelley, Meacham, Davenport, Loftis, F. Smith, Inabinett, Knotts, Harrison, Harvin, Law, Stille, Barrett, Leach, Kirsh, Lloyd, Cato, Witherspoon, Sharpe, Vaughn, Tripp, Riser, Whatley and Jordan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO ABOLISH COMMON LAW MARRIAGE.
Referred to Committee on Judiciary.
H. 4411 (Word version) -- Reps. Meacham, Campsen, Vaughn, Battle, Neilson, Cotty, Bailey, Littlejohn, Sandifer, Leach, Stoddard, H. Brown, Martin, Stille, Jordan, Mason, Canty, Mullen, Rice, Rodgers, Trotter, Keegan, Kennedy, Davenport, Riser, Hinson, Walker and Whatley: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 30 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" AND TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR; TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS; AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSONS TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION AND UNTIL THE PERSON IS SAFE TO BE AT LARGE.
Referred to Committee on Judiciary.
H. 4412 (Word version) -- Reps. Kelley, Sandifer, Woodrum, Barfield, Robinson, Edge, Keegan, Cotty, Witherspoon, Riser and Barrett: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE ON PERSONAL RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A MAGISTRATE'S COURT OR MUNICIPAL COURT OFFENSE MAY WAIVE HIS APPEARANCE BEFORE THE COURT AND POST A BOND IN AN AMOUNT PREVIOUSLY APPROVED BY THE COURT.
Referred to Committee on Judiciary.
H. 4413 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR MAKING ARRESTS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, FOR CERTAIN WILDLIFE AND OTHER VIOLATIONS INCLUDING USE OF AN OFFICIAL SUMMONS, SO AS TO AUTHORIZE OTHER LAW ENFORCEMENT OFFICERS TO USE THE OFFICIAL SUMMONS, TO REVISE REFERENCES TO THE CRIMINAL OFFENSES TO WHICH THE SECTION APPLIES, TO ADD ADDITIONAL OFFENSES, TO PROVIDE THAT ASSESSMENTS IMPOSED ON FINES IN MAGISTRATE'S COURT FOR CHARGES BROUGHT BY OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES SHALL BE TWENTY-FIVE DOLLARS, AND TO PROVIDE THAT TIME LIMITS FOR THE PAYMENT OF FINES AND RESTITUTIONS FOR NATURAL RESOURCE AND WATERCRAFT VIOLATIONS, AND FOR THE SUSPENSION OF LICENSES, PERMITS, STAMPS, TAGS, AND REGISTRATIONS ISSUED BY THE DEPARTMENT IF SUCH FINES AND RESTITUTIONS ARE NOT TIMELY PAID.
Referred to Committee on Judiciary.
Rep. SCOTT asked unanimous consent to recall H. 3192 (Word version) from the Committee on Ways and Means.
Rep. SIMRILL objected.
Rep. SCOTT asked unanimous consent to recall H. 3256 (Word version) from the Committee on Ways and Means.
Rep. SIMRILL objected.
Rep. KNOTTS asked unanimous consent to recall H. 3256 (Word version) from the Committee on Ways and Means.
Rep. SIMRILL objected.
The motion period was dispensed with on motion of Rep. CROMER.
The following Bill was taken up.
H. 3792 (Word version) -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1277MM.97).
Amend the bill, as and if amended, at SECTION 1, page 3792-1, by striking lines 26 through 38, beginning after /Section 38-73-540./ and inserting:
/"(A)(1) Assigned risk agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to, but who are unable to procure, insurance through ordinary methods, and the insurers may agree among themselves on the use of reasonable rate modifications for this insurance. Such residual market agreement and any mechanism designed to implement such agreement, and any amendments thereto, must be submitted in writing to the director or his designee for approval prior to use, together with such additional information as the director or his designee may reasonably require. Insurers that participate in the voluntary market shall participate in these mechanisms and shall pay their assessments, if any. The assessment of an insurer, after hearing, may be ordered deferred in whole or in part upon application by the insurer if, in the opinion of the director or his designee, payment of the assessment may render the insurer insolvent or in danger of insolvency or otherwise may leave the insurer in a condition that further transaction of the insurer's business may be hazardous to its policyholders, creditors, members, subscribers, stockholders, or the public. If payment of an assessment against an insurer is deferred by order of the director or his designee in whole or in part, the amount by which the assessment is deferred must be assessed against other workers' compensation insurers in the same manner as provided in the agreement. In the order of deferral or in subsequent orders as may be necessary, the director or his designee shall prescribe a plan by which the assessment deferred must be repaid to the mechanism by the impaired insurer with interest at the six-month treasury bill rate adjusted semiannually. Profits, dividends, or other funds of the mechanism to which the insurer is otherwise entitled may not be distributed to the impaired insurer but must be applied toward repayment of any assessment until the obligation has been satisfied. The mechanism shall distribute the repayments, including interest on them, to the other workers' compensation insurers on the basis on which assessments were made."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
Rep. CATO continued speaking.
Rep. FELDER spoke against the amendment.
Rep. CROMER moved to recommit the Bill.
Rep. CATO moved to table the motion to recommit and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barrett Battle Baxley Beck Brown, G. Brown, T. Campsen Cato Cave Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Gamble Govan Hamilton Harrell Haskins Hinson Howard Jordan Kelley Kirsh Law Leach Lee Limehouse Littlejohn Martin Mason McCraw McLeod Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Rice Rodgers Sandifer Seithel Sheheen Simrill Smith, F. Smith, J. Smith, R. Trotter Vaughn Walker Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Barfield Bauer Bowers Breeland Brown, H. Byrd Carnell Cotty Cromer Felder Fleming Gourdine Harris Harrison Harvin Hawkins Hines, J. Hines, M. Inabinett Jennings Keegan Kennedy Kinon Knotts Koon Lanford Lloyd Loftis Mack McAbee McGee McKay McMaster Quinn Riser Robinson Scott Sharpe Smith, D. Spearman Stille Stoddard Stuart Townsend Webb Whatley Wilder Witherspoon Young
So, the motion to recommit was tabled.
Rep. FELDER moved to adjourn debate upon the Bill until Thursday, January 15.
Rep. CATO moved to table the motion.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barrett Battle Beck Brown, T. Campsen Cato Cave Clyburn Cobb-Hunter Cooper Dantzler Delleney Edge Gamble Govan Hamilton Harrell Haskins Hinson Howard Inabinett Jordan Kelley Kirsh Law Leach Lee Limehouse Littlejohn Martin Mason McCraw McLeod Meacham Moody-Lawrence Mullen Neal Phillips Rodgers Sandifer Seithel Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Townsend Trotter Vaughn Walker Woodrum Young-Brickell
Those who voted in the negative are:
Barfield Bauer Baxley Bowers Breeland Brown, H. Brown, J. Byrd Cotty Cromer Davenport Easterday Felder Fleming Gourdine Harris Harrison Harvin Hawkins Hines, J. Hines, M. Jennings Keegan Kennedy Kinon Knotts Koon Lloyd Loftis Mack McAbee McGee McKay McMaster Miller Neilson Pinckney Quinn Rice Riser Robinson Scott Sharpe Smith, D. Stille Stoddard Stuart Tripp Webb Whatley Wilder Wilkes Witherspoon Young
So, the motion to adjourn debate was tabled.
Rep. WALKER spoke in favor of the amendment.
Rep. RISER moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.
The Senate returned to the House with concurrence the following:
H. 4390 (Word version) -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 21, 1998, AT THE KOGER CENTER FOR THE ARTS.
H. 4392 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY, MANY FRIENDS, AND COLLEAGUES OF STATE TROOPER FIRST SERGEANT FRANKIE LEE LINGARD OF THE SOUTH CAROLINA HIGHWAY PATROL, WHO WAS KILLED IN THE LINE OF DUTY ON DECEMBER 31, 1997, ON INTERSTATE 95 NEAR ORANGEBURG. H. 4397 (Word version) -- Reps. Govan, Cobb-Hunter, Felder, Sharpe and Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO STERLING J. DOWLING OF ORANGEBURG-WILKINSON HIGH SCHOOL UPON BEING CHOSEN AS THE GOVERNOR OF THE 1997 AMERICAN LEGION PALMETTO BOYS' STATE AND TO FURTHER HONOR THIS OUTSTANDING YOUNG MAN ON ATTAINING THE ULTIMATE GOAL OF BEING ELECTED PRESIDENT OF THE 1997 AMERICAN LEGION BOYS' NATION IN WASHINGTON, D.C.
At 4:00 P.M. the House in accordance with the motion of Rep. COBB-HUNTER adjourned in memory of First Sergeant Frankie Lee Lingard, to meet at 10:00 A.M. tomorrow.
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