Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, trusting in Your constant care of us and of all Your children, we pray that You would make this alter of prayer a pavilion of Your peace. We are fearful when we think of our children's inheritance from our faltering hands. Give us, then, right judgments in all things. Make us so transparently just and fair that all which is false may be banished by Your truths. Give us kind hearts, clean thoughts and a quiet trust in God, lest in foolish futility we build on sinking sand rather than upon Him Who is the eternal Rock of ages.
Thank You, Lord, for this privilege of prayer. Amen
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. A. HARRIS moved that when the House adjourns, it adjourn in memory of his mother, former Representative Jean L. Harris, which was agreed to.
The following were received and referred to the appropriate committees for consideration.
Document No. 2271
Promulgated By Department of Labor, Licensing and Regulation - Board of Funeral Service
Statutory Authority: 1976 Code Section 40-19-90
Continuing Education Requirements
Received By Speaker February 4, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date June 4, 1998
Document No. 2278
Promulgated By Department of Labor, Licensing and Regulation - Pilotage Commission, Port of Port Royal
Statutory Authority: 1976 Code Section 54-15-140
Port of Port Royal - Apprentice Training and Qualification; Short Branch Qualification
Received By Speaker February 4, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 4, 1998
Document No. 2283
Promulgated By Department of Labor, Licensing and Regulation - Board of Funeral Service
Statutory Authority: 1976 Code Section 6-9-60
Purpose; Definitions; Powers, Duties, and Responsibilities of Council; Duties and Responsibilities of Department; Council Officers; Council Meetings; Building Codes; Engery Standards; Injunctive Relief; Penalties.
Received By Speaker February 4, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 4, 1998
Document No. 2284
Promulgated By Department of Labor, Licensing and Regulation - Massage/Bodywork Therapy
Statutory Authority: 1976 Code Section 40-30-50
Schools, Reciprocity; Licenses, Sexual Activity Prohibited; Continuing Education; Change of Address or Name; Communicable Disease Control
Received By Speaker February 4, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date June 4, 1998
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3013 (Word version) -- Reps. Kirsh, Meacham, Lloyd and Beck: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER FROM TAKING THE CONTINUING EDUCATION COURSES.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4364 (Word version) -- Reps. Cato, Knotts, Littlejohn, Mason, Stille, Vaughn and Hinson: 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.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 567 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4423 (Word version) -- Reps. Harrell, Wilkins, Haskins, Allison, Altman, Barfield, Barrett, Bauer, Beck, Boan, Bowers, H. Brown, J. Brown, Byrd, Campsen, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Hamilton, A. Harris, Harrison, Hawkins, Hinson, Jennings, Jordan, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Littlejohn, Loftis, Martin, Mason, McAbee, McGee, Quinn, McKay, Kinon, McMaster, Meacham, Moody-Lawrence, Mullen, Neilson, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, D. Smith, R. Smith, Spearman, Stille, Stuart, Townsend, Tripp, Vaughn, Woodrum, Walker, Webb, Young and Young-Brickell: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SINE DIE ADJOURNMENT DATE IS SHORTENED BY ONE STATEWIDE LEGISLATIVE DAY FOR EACH STATEWIDE DAY BEFORE MARCH THIRTY-FIRST THAT THE ANNUAL GENERAL APPROPRIATIONS ACT IS GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4467 (Word version) -- Rep. Klauber: A BILL TO AMEND SECTION 35-1-1590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING THE UNIFORM SECURITIES ACT, SO AS TO CREATE CERTAIN FELONY OFFENSES AND PENALTIES AND REVISE THE PENALTY FOR THE EXISTING MISDEMEANOR OFFENSE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 89 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4563 (Word version) -- Reps. Sandifer and Barrett: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXIT ONE AT ITS NORTHBOUND ENTRANCE ALONG INTERSTATE HIGHWAY 85 IN OCONEE COUNTY THAT INFORM MOTORISTS THAT THE CITY OF SENECA MAY BE ACCESSED FROM THIS EXIT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4564 (Word version) -- Rep. McMahand: A CONCURRENT RESOLUTION CELEBRATING THE LIFE OF GEORGE YOUNG, SR., OF GREENVILLE COUNTY, WHO IN HIS NINETY YEARS UNFAILINGLY HAS BEEN A HARD WORKER, A LOVING FAMILY MAN, A FAITHFUL CHRISTIAN, A GENEROUS NEIGHBOR, AND A STELLAR EXAMPLE OF SOUTH CAROLINA'S EXCEPTIONAL CITIZENS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 983 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION CONGRATULATING ELIZABETH AIKEN SANTAGATI ON RECEIVING THE "COMMUNITY LEADERSHIP AWARD" FROM THE COMMUNITY MINISTERIAL ALLIANCE ON JANUARY 17, 1998, AND COMMENDING HER FOR HER YEARS OF LEADERSHIP, DEDICATION, AND HARD WORK ON BEHALF OF HER COMMUNITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4565 (Word version) -- Reps. Easterday, Campsen, Rice, Koon, Meacham, Sandifer, Hinson, Mason, Rodgers, Cooper, Stuart, Beck, Barrett, Fleming, Leach, Simrill, Haskins, Robinson, Hamilton, Woodrum, Vaughn, R. Smith, Trotter, Davenport, Quinn, Harrell, Stille, Young, Kirsh, Harrison, McMaster, Limehouse and McGee: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER MUST BE SENTENCED TO LIFE IMPRISONMENT, A MANDATORY MINIMUM TERM OF IMPRISONMENT FOR THIRTY YEARS, OR DEATH, SO AS TO PROVIDE THAT A SENTENCING JUDGE HAS DISCRETION TO IMPOSE EITHER OF THESE SENTENCES DESPITE THE SENTENCING JURY'S RECOMMENDATION EXCEPT WHEN THE SENTENCING JURY FINDS AN AGGRAVATING CIRCUMSTANCE AND RECOMMENDS DEATH.
Referred to Committee on Judiciary.
H. 4566 (Word version) -- Reps. Klauber and Scott: A BILL TO AMEND SECTION 31-3-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF SURPLUS REAL PROPERTY UNDER THE HOUSING AUTHORITIES LAW, SO AS TO ADD LANGUAGE PROVIDING THAT AN AUTHORITY'S REAL ESTATE SHALL NOT BE CONSIDERED "SURPLUS TO ITS NEEDS" WHERE THE AUTHORITY'S COMMISSIONERS HAVE MADE CERTAIN DETERMINATIONS REGARDING THE REAL ESTATE, EVEN THOUGH THE REAL ESTATE IS NO LONGER NEEDED FOR ITS ORIGINAL PURPOSE.
Referred to Committee on Labor, Commerce and Industry.
H. 4567 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNT, FISH, AND TRAP LICENSES, BY ADDING SECTION 50-9-535 SO AS TO REQUIRE A MIGRATORY GAME BIRD PERMIT FOR HUNTING, TAKING, OR POSSESSING MIGRATORY GAME BIRDS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4568 (Word version) -- Rep. Harvin: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MEMBERS OF THE BOARD OF THE STATE PORTS AUTHORITY, SO AS TO FURTHER PROVIDE FOR THE COMPOSITION OF THE BOARD AND TO PROVIDE DEFINITIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 4569 (Word version) -- Reps. Cato and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS AND ORIGINATORS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, AND TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO SIX HUNDRED DOLLARS AND IMPOSE A TWENTY-FIVE DOLLAR ADDITIONAL ANNUAL RENEWAL FEE FOR EACH ORIGINATOR.
Referred to Committee on Labor, Commerce and Industry.
H. 4570 (Word version) -- Reps. Easterday, Simrill, Leach, Inabinett, Mason, McKay, Rodgers, Hamilton, R. Smith, Lloyd, Vaughn, Stille, Young, McGee, Koon, Moody-Lawrence, McMaster, Rice, Fleming and Bauer: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Ways and Means.
H. 4571 (Word version) -- Reps. Altman, Barfield, Barrett, Bauer, Beck, H. Brown, Campsen, Cato, Clyburn, Cooper, Dantzler, Davenport, Easterday, Edge, Fleming, Hamilton, Harrell, A. Harris, Haskins, Hinson, Kelley, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Littlejohn, Loftis, Mason, McCraw, McGee, McKay, Limehouse, Quinn, Rice, Riser, Rodgers, Sandifer, Seithel, Sheheen, D. Smith, R. Smith, Stoddard, Stuart, Tripp, Wilder, Wilkins, Witherspoon, Young and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION AND TO REQUIRE THE QUESTION TO BE CERTIFIED AT LEAST FORTY-FIVE DAYS BEFORE THE DATE OF THE GENERAL ELECTION.
Referred to Committee on Ways and Means.
H. 4572 (Word version) -- Reps. Jennings, Barfield, Cobb-Hunter, Baxley, M. Hines, Seithel, R. Smith, Mason, Littlejohn, Leach, Wilkins, Haskins, Cromer, Walker, Hamilton, Phillips, J. Hines, Stoddard, Gamble, Whatley, Wilder, Beck, Wilkes, Boan, Witherspoon, A. Harris, Tripp and Felder: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO REVISE THE COMBINED LIGHT TRANSMISSION OF THE SUNSCREENING DEVICE WITH THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL THAT MAY BE INSTALLED ON A MOTOR VEHICLE'S SIDE WINGS, OR SIDE WINDOWS AND REAR WINDOWS.
Referred to Committee on Education and Public Works.
H. 4573 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTORATION TO ACTIVE SERVICE OF RETIRED MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THE PROVISION FOR PARTICIPATION IN THE SYSTEM WHEN THE RESTORATION TO ACTIVE SERVICE IS BY VIRTUE OF ELECTION AS SHERIFF.
Referred to Committee on Ways and Means.
H. 4574 (Word version) -- Reps. Limehouse, Campsen, Mack, Breeland, Whatley and Altman: A BILL TO AMEND ACT 1235 OF 1970, AS AMENDED, RELATING TO THE CHARLESTON COUNTY AIRPORT DISTRICT AND ITS GOVERNING BOARD, SO AS TO ADD THE MAYOR OF MOUNT PLEASANT, EX OFFICIO, TO THE GOVERNING BOARD OF THE DISTRICT.
On motion of Rep. LIMEHOUSE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4575 (Word version) -- Reps. Harrison and Klauber: A BILL TO AMEND SECTION 28-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO DEFINE "APPRAISAL" IN INSTANCES OF CONDEMNATION OF PROPERTY OF A REGULATED PUBLIC UTILITY TO INCLUDE IN THE VALUATION FOR COMPENSATION AN OPINION AS TO THE REPLACEMENT COST, LESS DEPRECIATION; TO AMEND SECTION 28-2-340, RELATING TO EVIDENCE ADMISSIBLE AS TO THE VALUE OF LAND IN CONDEMNATION PROCEEDINGS, SO AS TO REQUIRE EVIDENCE OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY; AND TO AMEND SECTION 28-3-140, RELATING TO CONDEMNATION OF PUBLIC OR PUBLIC SERVICE PROPERTY, SO AS TO REQUIRE CONSIDERATION OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY COMPANY.
Referred to Committee on Judiciary.
S. 290 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.
Referred to Committee on Judiciary.
On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:
H. 4576 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO EXPRESS PROFOUND GRATITUDE FOR THE SUPREME SACRIFICE MADE ON FEBRUARY 8, 1968, BY THREE YOUNG STUDENTS, SAMUEL HAMMOND, JR., AN EIGHTEEN-YEAR-OLD SOUTH CAROLINA STATE COLLEGE FRESHMAN FROM FT. LAUDERDALE, FLORIDA, DELANO B. MIDDLETON, A SEVENTEEN-YEAR-OLD STUDENT AT WILKINSON HIGH SCHOOL IN ORANGEBURG, SOUTH CAROLINA, AND HENRY EZEKIAL SMITH, AN EIGHTEEN-YEAR-OLD SOPHOMORE AT SOUTH CAROLINA STATE COLLEGE, FROM MARION, SOUTH CAROLINA, AND TO RECOGNIZE THEIR COURAGEOUS EFFORTS BY DECLARING FEBRUARY 8 AS SMITH-HAMMOND-MIDDLETON MEMORIAL DAY.
Whereas, Samuel Hammond, Jr., Delano B. Middleton, and Henry Ezekial Smith, believing in America and its fundamental fairness, joined other young people thirty years ago in peaceful demonstrations protesting the prohibition of their entrance to and use of a local bowling alley because of their race; and
Whereas, during their participation in the protest, they were shot and killed, and twenty-seven other men and women were wounded; and
Whereas, those of us in responsible roles of leadership today wish to express to their families, friends, the citizens of this State, and all Americans our sincere sorrow at their deaths and profound gratitude for their courageous efforts; and
Whereas, we sincerely believe that we all must learn to love and appreciate each other as children of the same Maker and members of one race, the human race; and
Whereas, we want to recognize finally these courageous young people for their efforts and sacrifice; and
Whereas, we believe it is fitting and appropriate that this State honor their sacrifice by declaring February 8 an annual honorary day in their memory; and
Whereas, we believe it would be the ultimate honor and a fitting tribute to the thirtieth anniversary of their deaths and to their memories if South Carolina's Governor David Beasley were to issue to them posthumously the Order of the Palmetto for presentation to and display at South Carolina State College. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina recognizes and expresses its profound gratitude for the supreme sacrifice made on February 8, 1968, by three young students, Samuel Hammond, Jr., an eighteen-year-old South Carolina State College freshman from Ft. Lauderdale, Florida, Delano B. Middleton, a seventeen-year-old student at Wilkinson High School in Orangeburg, South Carolina, and Henry Ezekial Smith, an eighteen-year-old sophomore at South Carolina State College, from Marion, South Carolina.
Be it further resolved that this General Assembly declares February 8 as an annual honorary day in memory of Samuel Hammond, Jr., Delano B. Middleton, and Henry Ezekial Smith.
Be it further resolved that we pray the Governor of our great State immediately issue posthumously to those three brave young men The Order of The Palmetto, and pray also that these awards be presented to South Carolina State University on February 8, 1998, and that South Carolina State University display them in positions of honor and prominence in its Smith-Hammond-Middleton Memorial Center.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, J. Campsen Carnell Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Felder Fleming Gamble Gourdine Govan Harrell Harris Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Loftis Mack Martin Mason McAbee McGee McKay McLeod McMahand McMaster Meacham Miller Mullen Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scott Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, February 4.
Robert J. Sheheen Grady A. Brown William D. Witherspoon Henry E. Brown, Jr. Kenneth Kennedy Harry F. Cato Tracy Edge Bill Cotty Glenn Lewis Hamilton Thomas N. Rhoad Walter P. Lloyd J. Cordell Maddox, Jr. Bessie Moody-Lawrence Harry R. Askins Alma W. Byrd Douglas Jennings, Jr. Jackson S. Whipper Theodore A. Brown Larry L. Koon Ralph W. Canty Joseph H. Neal Clementa C. Pinckney Lynn Seithel E. DeWitt McCraw
The SPEAKER granted Rep. HASKINS a leave of absence for today and tomorrow due to legislative business out of town.
The SPEAKER granted Rep. G. BROWN a temporary leave of absence.
SPEAKER WILKINS, along with the escort committee of Reps. RODGERS, COBB-HUNTER, COOPER, BAXLEY, KNOTTS and KELLEY, presented to the House Tom Berenger, distinguished stage, screen and television actor to thank him for his gift of a priceless historical civil war flag.
Announcement was made that Dr. William C. Gerard of Chapin is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and 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."
BILL NUMBER: H. 4115 (Word version)
DATE ADD:
2/4/98 James G. McGee III
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3617 (Word version) -- Reps. Mason, Felder, Knotts, Easterday, R. Smith, Bailey, Sandifer, Seithel, Stoddard, Vaughn, Haskins, McMahand, F. Smith, Cato, Walker, Kelley, Phillips, Littlejohn, Beck, Hawkins, Sharpe, Young-Brickell, Hamilton, Koon, Lanford, Lloyd, Cave, Barfield, Young, Miller, Kirsh, Martin, Riser, McLeod, McCraw and Jordan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH 'CLONING' TO GROW OR CREATE A HUMAN BEING OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS. H. 4063 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO DELETE THE PROVISION REQUIRING THE COMMISSION TO COLLECT STATISTICS ON AND PROMULGATE REGULATIONS FOR PERSONS WITH MENTAL DEFICIENCIES OR EPILEPSY; TO AMEND SECTION 44-15-50 RELATING TO LIMITATIONS ON GRANTS THAT MAY BE AWARDED TO LOCAL MENTAL HEALTH PROGRAMS, SO AS TO DELETE LIMITS TIED TO 1974-75 EXPENDITURES; TO AMEND SECTION 44-15-80, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO FURTHER AUTHORIZE ACCESS TO TREATMENT FOR THOSE UNABLE TO PAY; TO AMEND SECTION 44-17-410, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY MENTAL HEALTH ADMISSIONS, SO AS TO REVISE CERTAIN ASPECTS OF THESE PROCEDURES; TO AMEND SECTION 44-17-540, AS AMENDED, AND SECTION 44-17-580, RELATING TO JUDICIAL HEARINGS CONCERNING COMMITMENT SO AS TO CLARIFY WHEN A PETITION SEEKING COMMITMENT MUST BE DISMISSED; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO RESTRAINING MENTAL HEALTH PATIENTS, SO AS TO DEFINE THE TERM 'RESTRAINT'; AND TO AMEND SECTION 44-23-1100 RELATING TO CONFIDENTIALITY OF PROBATE RECORDS ON MENTAL HEALTH PATIENTS, SO AS TO CHANGE WHAT STANDARDS AND PROCEDURES APPLY.
H. 4412 (Word version) -- Reps. Kelley, Sandifer, Woodrum, Barfield, Robinson, Edge, Keegan, Cotty, Witherspoon, Riser, Barrett and Knotts: 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.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 928 (Word version) -- Senators Lander, Waldrep, McConnell and Courtney: 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.
The following Bill was taken up.
S. 220 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR GAMBLING, ILLEGAL POSSESSION OR SALE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES, AND CONTINUOUS BREACH OF THE PEACE AS A NUISANCE SUBJECT TO ABATEMENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4765MM.98), which was adopted.
Amend the bill, as and if amended, Section 15-43-10(A), SECTION 1, page 1, lines 30 and 34, by deleting /unlawful gambling/ and inserting /repeated acts of/.
When amended 15-43-10(A) reads:
/(A) Whosoever shall A person who erect erects, establish establishes, continue continues, maintain maintains, use uses, own owns, occupy occupies, lease leases, or release releases any building, erection or other place used for the purpose purposes of lewdness, assignation, or prostitution, repeated acts of unlawful possession or sale of controlled substances, or continuous breach of the peace in this State is guilty of a nuisance; and the building, erection or place, or the ground itself in or upon which such the lewdness, assignation, or prostitution, repeated acts of unlawful possession or sale of controlled substances, or continuous breach of the peace is conducted, permitted, carried on, continued, or exists and the furniture, fixtures, musical instruments, and movable property used in conducting or maintaining such the nuisance are also are declared a nuisance and shall be enjoined and abated as provided in this chapter./
Amend further by striking all before the enacting clause and inserting:
/TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR REPEATED ACTS OF UNLAWFUL POSSESSION OR SALE OF CONTROLLED SUBSTANCES, AND CONTINUOUS BREACH OF THE PEACE AS A NUISANCE SUBJECT TO ABATEMENT./
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The Senate amendments to the following Bill were taken up for consideration.
H. 3590 (Word version) -- Reps. Gourdine, Altman, Breeland, Harrell, Cobb-Hunter, Bailey, Inabinett, H. Brown, Hinson, Law, Govan, Chellis, Mack, Stuart, Lloyd, Dantzler, Seithel, Limehouse, Felder, Whatley, Battle, Young-Brickell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-708 SO AS TO PROHIBIT IN GAME ZONE 6 THE USE OF ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE AND TO PROVIDE PENALTIES.
Rep. WITHERSPOON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4466 (Word version) -- Reps. Sheheen and H. Brown: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4535 (Word version) -- Ways and Means Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING ACCREDITED PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES.
The question then recurred to the passage of the Bill on third reading.
Rep. SPEARMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Delleney Edge Felder Fleming Gamble Gourdine Govan Harrell Harris Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee 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 Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Davenport Easterday Hamilton Jordan Tripp
So, the Bill was read the third time and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. HARRISON.
The following Bill was taken up.
H. 4115 (Word version) -- Reps. Harrison, Wilkins, D. Smith, Knotts and McGee: A BILL TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Rep. SCOTT moved to table the Bill.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Battle Baxley Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Kennedy Lee Lloyd Mack McAbee McMahand Moody-Lawrence Pinckney Scott Smith, F. Smith, J. Webb Whipper
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Knotts Koon Lanford Leach Limehouse Littlejohn Loftis Maddox Martin Mason McGee McLeod McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stoddard Stuart Townsend Trotter Vaughn Walker Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the Bill.
On the tabling motion, my roll call button malfunctioned during roll call. I intended to vote no.
Rep. MOLLY M. SPEARMAN
Rep. SCOTT moved to continue the Bill.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Battle Baxley Bowers Breeland Brown, T. Cave Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Kennedy Lee Lloyd Mack McAbee McLeod McMahand Moody-Lawrence Pinckney Scott Smith, F. Smith, J. Webb Whipper
Those who voted in the negative are:
Altman Askins Bailey Barfield Barrett Bauer Beck Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McGee McKay McMaster Meacham Miller Mullen Neilson Phillips Quinn Rice Riser Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Whatley Wilder Wilkins Woodrum Young Young-Brickell
So, the House refused to continue the Bill.
Rep. SHEHEEN raised a Point of Order that Rep. Limbaugh's name should be removed from the Bill since he was no longer a member of the House.
SPEAKER WILKINS sustained the Point of Order and ordered Limbaugh's name stricken from the Bill.
Rep. YOUNG explained the Bill.
Rep. YOUNG continued speaking.
Rep. McLEOD proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4729MM.98), which was tabled.
Amend the bill, as and if amended, by striking Section 1-13-5(A), SECTION 1, page 4115-2, beginning on line 28, and inserting:
/(A) (1) Neither the State of South Carolina nor any of its political subdivisions shall use race, sex, color, ethnicity, or national origin as a criterion for discriminating against any individual or group in the operation of the state's system of public employment, public education, or public contracting.
(2) Neither the State of South Carolina nor any of its political subdivisions shall use race as a criterion for granting preferential treatment to any individual or group in the operation of the state's system of public employment, public education, or public contracting./
Reletter subsections and renumber items to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. YOUNG moved to table the amendment, which was agreed to.
Rep. BAXLEY proposed the following Amendment No. 2, which was adopted.
Delete Section 1, subsection "C".
Reorder sections as amended.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
Rep. SCOTT spoke against the Bill.
Rep. SCOTT continued speaking.
Rep. NEAL proposed the following Amendment No. 3 (Doc Name P:\AMEND\DKA), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 4115-1, line 29, after /ethnicity,/ by
inserting / economic status, /.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. YOUNG moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Barfield Barrett Bauer Baxley Beck Boan Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harrison Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Mason McAbee McGee McKay McLeod McMaster Meacham Mullen Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Gourdine Govan Harris Harvin Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Lee Lloyd Mack McMahand Moody-Lawrence Neal Neilson Pinckney Scott Smith, F. Smith, J. Whipper Wilkes
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 4 (Doc Name P:\AMEND\DKA), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 4115-3, by adding after line 15:
/(I) Notwithstanding another provisions of law, this section prohibits special or preferential treatment of children of state employees by the state's institutions of higher learning./
Reletter subsections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. YOUNG moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Barfield Barrett Bauer Beck Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Leach Limehouse Loftis Mason McAbee McGee McKay McLeod McMaster Mullen Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Townsend Trotter Vaughn Walker Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Bailey Battle Baxley Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Kinon Lee Littlejohn Lloyd Mack McMahand Moody-Lawrence Neal Neilson Pinckney Scott Smith, F. Smith, J. Webb Whipper Wilkes
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 5 (Doc Name P:\AMEND\BBM\).
Amend the bill, as and if amended, in Section 1 on page 4115-2, by striking line 33 and inserting /education, public contracting, or health care./
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. HOWARD continued speaking.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day. The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day due to a doctor's appointment.
Rep. HOWARD continued speaking.
Rep. YOUNG moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by recurring to the morning hour, the pending question being consideration of Amendment No. 5.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4355 (Word version) -- Reps. Fleming, Haskins, Leach, Meacham, Sandifer and Walker: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO CHILD DAYCARE FACILITIES AND TO DEFINE "CHILD DAYCARE FACILITIES".
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4577 (Word version) -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.
Without reference.
H. 4579 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTIONS 12-51-90, AS AMENDED, 12-51-100, AND 12-51-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO ELIMINATE THE REQUIREMENT FOR INTEREST TO BE PAID ON THE WHOLE AMOUNT OF THE TAX SALE BID BY THE REDEEMING TAXPAYER, GRANTEE, OR MORTGAGE OR JUDGMENT CREDITOR AND TO MAKE CONFORMING AMENDMENTS.
Referred to Committee on Ways and Means.
H. 4580 (Word version) -- Reps. J. Smith, Altman, Cobb-Hunter, Littlejohn, Clyburn, Govan, Limehouse, Cave, Vaughn, Jennings, Battle, Rice and Walker: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT, BEGINNING WITH ITS 1999 SESSION, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT.
Referred to Committee on Ways and Means.
H. 4581 (Word version) -- Reps. J. Smith, J. Hines, M. Hines, Cobb-Hunter, Clyburn, Simrill, Whipper, Littlejohn, Vaughn, Jennings, Rice, Limehouse, McLeod, Davenport and Battle: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING ON THE SECOND TUESDAY IN FEBRUARY, PROVIDE FOR AN ORGANIZATIONAL SESSION FOR THE SENATE AS WELL AS THE HOUSE OF REPRESENTATIVES IN EVEN-NUMBERED YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, AND PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY AT THE ORGANIZATIONAL SESSIONS.
Referred to Committee on Judiciary.
H. 4582 (Word version) -- Reps. J. Smith, Cobb-Hunter, Whipper, Lloyd, Inabinett, McGee and Clyburn: A BILL TO AMEND SECTION 8-13-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES SHALL CONDUCT INVESTIGATIONS, SO AS TO DELETE A PROVISION THAT REQUIRES ALL ETHICS COMMITTEE FORMAL HEARINGS TO BE CONDUCTED IN EXECUTIVE SESSION; AND TO ADD SECTION 8-13-545 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FORMAL HEARINGS OF THESE RESPECTIVE ETHICS COMMITTEES MUST BE OPEN TO THE PUBLIC.
Referred to Committee on Judiciary.
H. 4583 (Word version) -- Reps. J. Smith, Altman, Knotts, Bailey, Cromer, Rodgers, J. Hines, Clyburn, T. Brown, Pinckney, Neal, Harrell, Bowers, Moody-Lawrence, McGee, McKay, Bauer, Simrill and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION.
Referred to Committee on Ways and Means.
H. 4584 (Word version) -- Reps. J. Smith, M. Hines, Gourdine, Whipper, McLeod, Cobb-Hunter, Lloyd, Inabinett, Govan, Cave, J. Hines, T. Brown, Battle, Moody-Lawrence, Howard and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-65 SO AS TO REQUIRE PUPIL-TEACHER RATIOS IN GRADES K-6 OF 27:1 BEGINNING WITH SCHOOL YEAR 1999 AND FULLY PHASED-IN AT 25:1 BY SCHOOL YEAR 2000, TO PROVIDE THAT LOWER PUPIL-TEACHER RATIOS NOW REQUIRED BY LAW IN READING AND MATHEMATICS IN GRADES 1-3 of 21:1 ARE NOT AFFECTED BY THE ABOVE PROVISIONS, TO PROVIDE FOR A WAIVER OF THESE RATIOS UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR A REDUCTION OF STATE AID FOR ANY DISTRICT WHICH DOES NOT MEET THESE REQUIRED RATIOS.
Referred to Committee on Education and Public Works.
H. 4585 (Word version) -- Reps. J. Smith, M. Hines, Cobb-Hunter, J. Hines, Limehouse, Cave, Whipper, Vaughn, Rice, Clyburn, Jennings, Davenport, Battle and Littlejohn: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY ADJOURNMENT, SO AS TO PROVIDE FOR SINE DIE ADJOURNMENT ON THE FIRST THURSDAY OF MAY RATHER THAN THE FIRST THURSDAY IN JUNE AND DELETE THE AUTHORITY TO EXTEND THE SESSION.
Referred to Committee on Judiciary.
H. 4586 (Word version) -- Reps. Neilson, F. Smith, Littlejohn, M. Hines, G. Brown, J. Hines, Phillips and A. Harris: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF RESERVE POLICE OFFICERS AND THE MINIMUM LOGGED SERVICE TIME REQUIRED OF THESE OFFICERS, SO AS TO REDUCE THIS SERVICE TIME FROM TWENTY TO TEN HOURS A MONTH AND SIXTY TO THIRTY HOURS A QUARTER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4587 (Word version) -- Reps. Bauer, Barfield, Witherspoon, Bowers, Altman, Seithel, Lanford, Easterday, Bailey, Leach, J. Smith, Meacham, Sandifer, Littlejohn, Simrill, Mullen, Knotts, Fleming, Klauber, Walker, Kelley, Koon, Stoddard, Stille, Beck, R. Smith, Harrell, Chellis, Clyburn, Barrett, Rhoad, Young-Brickell, Allison, Hamilton, Campsen, Kinon, Whatley, D. Smith, Gamble, Rodgers, McLeod, Tripp, Davenport, Jordan, Vaughn, Keegan, J. Brown, Cato, Baxley, Maddox, Jennings, Neilson, Limehouse and A. Harris: A BILL TO AMEND SECTION 59-29-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION, THE DECLARATION OF INDEPENDENCE, AND THE FEDERALIST PAPERS AS A REQUISITE FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ON VETERAN'S DAY OF EACH YEAR OR ON ANOTHER SPECIFIED DAY IF SCHOOLS ARE CLOSED ON VETERAN'S DAY, ALL ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE SHALL DEVOTE THE ENTIRE SCHOOL DAY TO A STUDY OF THE UNITED STATES CONSTITUTION AND THE DECLARATION OF INDEPENDENCE.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4578 (Word version) -- Rep. Canty: A CONCURRENT RESOLUTION TO OFFER THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE BELOVED MR. MACK WILLIE RHODES OF SUMTER COUNTY ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY CELEBRATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. CANTY moved that the House do now adjourn, which was adopted.
At 4:35 P.M. the House in accordance with the motion of Rep. A. HARRIS adjourned in memory of his mother, former Representative Jean L. Harris, to meet at 10:00 A.M. tomorrow.
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