Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Almighty God, from age to age the same and Whose concern is unfailing and Whose patience is infinite, we rest in the thought that Your love knows no change, else we would not be loved so long. You have made us as Americans heirs of a great heritage and trustees of priceless blessings. Forbid that we forget the price paid for them and the eternal vigilance to keep them. Abide with us that our hearts may burn with the determination to do Your will. 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. COOPER moved that when the House adjourns, it adjourn in memory of Jake Rogers, which was agreed to.
On motion of Rep. FLEMING, with unanimous consent, the following was taken up for immediate consideration and accepted:
February 22, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Society of Ophthalmology the Members of the House of Representatives are invited to a lunch. This
Sincerely,
C. Blake Myers, M.D.
President
The following was received and referred to the appropriate committee for consideration:
Document No. 2439
Agency: Public Service Commission
Statutory Authority: 1976 Code Sections 58-3-140, and 58-23-1010
Non-Emergency Vehicles
Received by Speaker of the House of Representatives
February 23, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 22, 2000
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3992 (Word version) -- Reps. Hamilton, Cato, Easterday, Leach, Loftis, McMahand, Rice, Tripp, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 253 FROM ITS INTERSECTION WITH REID SCHOOL ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 290 IN GREENVILLE COUNTY IN HONOR OF REVEREND JAMES H. THOMPSON, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4598 (Word version) -- Rep. D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1149 (Word version) -- Senators Matthews, Patterson, Anderson, Glover and Washington: A CONCURRENT RESOLUTION INVITING THE UNITED STATES SURGEON GENERAL AND ASSISTANT SECRETARY FOR HEALTH, THE CHIEF HEALTH OFFICIAL FOR THE COUNTRY, THE HONORABLE DAVID SATCHER, M.D., PH.D. TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON TUESDAY, MARCH 7, 2000.
Ordered for consideration tomorrow.
Rep. M. HINES, from the Florence Delegation, submitted a favorable report on:
S. 848 (Word version) -- Senators Glover, McGill, Land and Elliott: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE FLORENCE COUNTY TRANSPORTATION COMMITTEE.
On motion of Rep. M. HINES, with unanimous consent, the following Bill was taken up for immediate consideration:
S. 848 (Word version) -- Senators Glover, McGill, Land and Elliott: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE FLORENCE COUNTY TRANSPORTATION COMMITTEE.
The Bill was read second time and ordered to third reading.
On motion of Rep. M. HINES, with unanimous consent, it was ordered that S. 848 (Word version) be read the third time tomorrow.
The following was introduced:
H. 4673 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION REQUESTING THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO INVESTIGATE AND RESPOND TO THE ACTION OF A CIRCUIT COURT JUDGE WHO EXHIBITED A SERIOUS LACK OF CONCERN FOR THE SAFETY OF THE SPARTANBURG COMMUNITY BY ORDERING THE RELEASE OF A PERSON CHARGED WITH A VIOLENT OFFENSE WHO HAS A LENGTHY CRIMINAL RECORD OF SEXUAL ASSAULT OFFENSES WHEN THE SOLICITOR'S OFFICE WAS NOT ABLE, BECAUSE OF REASONS BEYOND THEIR CONTROL, TO TRY THE CASE BY THE DEADLINE IMPOSED BY THE JUDGE, AND, WHEN THE CASE WAS SUBSEQUENTLY CALLED TO TRIAL, THE ACCUSED HAD FLED, IS NOW BEYOND THE CONFINEMENT OF A PENAL INSTITUTION, AND POSSIBLY THREATENS THE SAFETY OF THE COMMUNITY.
The Resolution was ordered referred to the Committee on Judiciary.
On motion of Rep. MEACHAM-RICHARDSON, with unanimous consent, the following was taken up for immediate consideration:
H. 4674 (Word version) -- Rep. Meacham-Richardson: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL MARCHING BAND OF FORT MILL HIGH SCHOOL IN YORK COUNTY, ITS BAND DIRECTOR, AND BAND AND SCHOOL OFFICIALS ON TUESDAY, MARCH 28, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING CONGRATULATED ON ITS FIFTIETH ANNIVERSARY.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Fort Mill High School Marching Band of Fort Mill High School in York County, its Band Director, and band and school officials on Tuesday, March 28, 2000, at a time to be determined by the
The Resolution was adopted.
The following was introduced:
H. 4675 (Word version) -- Reps. Harrison, Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND AND HONOR CHIEF JUSTICE ERNEST A. FINNEY, JR., UPON HIS RETIREMENT FROM AN EXEMPLARY CAREER OF PUBLIC SERVICE, A CAREER WHICH INCLUDED SERVICE AS A LEGISLATOR, A CIRCUIT COURT JUDGE, AN ASSOCIATE JUSTICE OF THE SUPREME COURT, AND NOW, AS ITS CHIEF JUSTICE; TO RECOGNIZE THE IMPORTANT ROLE HE HAS PLAYED IN SOUTH CAROLINA'S HISTORY LEADING THE WAY FOR AFRICAN-AMERICANS SERVING IN PUBLIC LIFE IN THIS STATE; TO COMMEND HIM FOR HIS LIFE-LONG WORK AND DEDICATION TO IMPROVING THE LIVES AND WELL-BEING OF ALL CITIZENS OF THIS GREAT STATE; AND TO FURTHER WISH HIM GODSPEED IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, he is married to the former Frances Davenport of Newberry. They have a daughter, Nikky Lynn, a professor at Berea College in Berea, Kentucky; two sons, Ernest III (Chip) and Jerry Leo, both of whom are lawyers in South Carolina; and two granddaughters, Amanda Catherine and Felicia Victoria; and
Whereas, Chief Justice Finney's career began in 1954 as a part-time lawyer and schoolteacher. He practiced law from 1955 to 1976 and earned the respect of the citizens of Sumter, as well as that of the entire State for his civil rights work and his strong work ethic. He served in the South Carolina House of Representatives from 1972 to 1976 as one of the first African-American legislators to serve in the General Assembly in the twentieth century. He founded the Legislative Black Caucus and served as its first chairman. He was elected Judge of the Third Judicial Circuit in 1976 becoming the State's first African-American circuit judge. He was elected associate justice of the South Carolina Supreme Court in 1985, again the first African-American to sit on the state's highest court in the twentieth century. On May 11, 1994, he was elected Chief Justice of the South Carolina Supreme Court, the first African-American to serve as Chief Justice. He assumed this esteemed office on December 17, 1994; and
Whereas, the Chief Justice has been involved with numerous civic, educational, and professional organizations and is a member of the Bar associations on the local, state, and national levels. He is Chairman of the Board of Directors of Buena Vista Development Corporation, and serves on the Clafin College Board of Trustees, the University of South Carolina School of Law Minority Advisory Committee, is a past member of the Legal Responsibilities Committee of the United Methodist Church General Council on Finance and Administration, and a life member of the NAACP; and
Whereas, Chief Justice Finney is also affiliated with Alpha Kappa Mu Honor Society, Alpha Phi Alpha Fraternity, Inc., the Masons and
Whereas, he has been awarded Honorary Doctorate Degrees from the College of Charleston, Johnson C. Smith University, The Citadel, Claflin College, the University of South Carolina (Coastal Carolina College), Morris College, and South Carolina State University. He was honored in November, 1999, by being named the 1999 Public Servant of the Year at the Twentieth Annual Business Summit of the South Carolina Chamber of Commerce; and
Whereas, the State has benefited in many ways because of Chief Justice Finney's twenty-four years of service to the public and the legal community. He is respected and admired by his colleagues who have publicly called him a "giant of the judicial system in South Carolina", and a "clarion voice for justice for all". Chief Justice Finney's career has been one that he can personally be proud to reflect on in the years to come. And, truly, it has been one that has changed the course of the State's history for the better. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend and honor Chief Justice Ernest A. Finney, Jr., upon his retirement from an exemplary career of public service, a career which included service as a legislator, a circuit court judge, an associate justice of the Supreme Court, and now, as its Chief Justice; recognize the important role he has played in South Carolina's history leading the way for African-Americans serving in public life in this State; commend him for his life-long work and dedication to improving the lives and well-being of all citizens of this great State, and wish him Godspeed in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to Chief Justice Ernest A. Finney, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4676 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 26, 2000, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and
Whereas, the winners of the 2000 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 2000 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly invite the winners of the 2000 Jean Laney Harris Folk Heritage Awards and the members of the 2000 Jean Laney Harris Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4677 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, WITH NINE INSTEAD OF SEVEN MEMBERS, TO HAVE FOUR MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDERS ASSOCIATION AND FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE GENERAL MEMBERSHIP OF ATTORNEYS LICENSED TO PRACTICE LAW IN THIS STATE, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000.
Referred to Committee on Judiciary
H. 4678 (Word version) -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THAT PORTION OF LAKE MARION KNOWN AS POTATO CREEK WITHIN TWO HUNDRED YARDS OF A DWELLING OR MARINA WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THIS PORTION OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4680 (Word version) -- Rep. Hawkins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 24, 25, AND 26, 2000, BY THE STUDENTS AND TEACHERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN OR ANY OTHER PROVISION OF LAW THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. HAWKINS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4681 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-55 SO AS TO PROVIDE THAT A BUILDING INSPECTOR MAY CONDUCT A FIRE AND SAFETY INSPECTION FOR A PUBLIC BUILDING AND SUBMIT HIS REPORT TO THE STATE FIRE MARSHALL.
Referred to Committee on Labor, Commerce and Industry
H. 4682 (Word version) -- Reps. J. Smith and Klauber: A BILL TO AMEND SECTION 59-114-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE GRANTS, SO AS TO PROVIDE THAT NO MEMBER MAY BE PAID MORE THAN TWO THOUSAND DOLLARS PER ACADEMIC YEAR AND A TOTAL OF EIGHT THOUSAND DOLLARS, THAT THE TUITION ASSISTANCE BENEFIT MUST BE USED WITHIN TEN YEARS OF THE MEMBER FIRST ENTERING THE SOUTH CAROLINA NATIONAL GUARD, AND TO REQUIRE A NEW APPLICATION
H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.
Referred to Committee on Judiciary
H. 4685 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER
S. 1078 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1137 (Word version) -- Senator Grooms: A JOINT RESOLUTION DESIGNATING THE "FOXES" AS THE OFFICIAL MASCOT OF MACEDONIA MIDDLE SCHOOL IN BERKELEY COUNTY.
On motion of Rep. HINSON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
On motion of Rep. HAWKINS, with unanimous consent, it was ordered that H. 4680 (Word version) be read the second time tomorrow.
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 4683 (Word version) -- Reps. Lourie, Neilson, J. Smith, Stuart and W. McLeod: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SILVERHAIRED LEGISLATURE TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON TUESDAY THROUGH THURSDAY, SEPTEMBER 12 THROUGH SEPTEMBER 14, 2000.
Be it resolved by the House of Representatives:
That the South Carolina Silverhaired Legislature is authorized to use the Chamber of the South Carolina House of Representatives on Tuesday through Thursday, September 12 through September 14, 2000. If the House of Representatives is in statewide session, the House Chamber may not be used.
Be it further resolved that the use of the Chamber of the South Carolina House of Representatives by the South Carolina Silverhaired Legislature must be in strict accordance with the policies and rules of the South Carolina House of Representatives.
The Resolution was adopted.
The following was introduced:
H. 4686 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION TO COMMEND REID COGGINS, AN EIGHTEEN-YEAR-OLD HIGH SCHOOL STUDENT FROM FORT MILL, UPON BEING NAMED ONE OF SOUTH CAROLINA'S TOP TWO
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4687 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORT MILL HIGH SCHOOL BAND OF FORT MILL HIGH SCHOOL IN YORK COUNTY, AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4688 (Word version) -- Reps. Seithel, Robinson, Allison, J. Brown, Hosey, Lourie, Parks, Rutherford, R. Smith and Whatley: A CONCURRENT RESOLUTION EXPRESSING THE FIRM BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT ALL TOBACCO SETTLEMENT FUNDS SHOULD BE EXCLUSIVELY COMMITTED TO HEALTH CARE AND HEALTH IMPROVEMENT PURPOSES AND RESOLVING TO TAKE SUCH STEPS AS NECESSARY TO MAKE THEIR POSITION KNOWN TO THE GOVERNOR AND TO ACTIVELY PURSUE THE PASSAGE OF LEGISLATION TO ASSURE THAT THESE SETTLEMENT FUNDS ARE USED ACCORDINGLY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Canty Carnell Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, February 24.
Amos Gourdine James Battle Clementa Pinckney Harry Ott Joseph Neal William Clyburn Fletcher Smith
The SPEAKER granted Rep. TRIPP a leave of absence for the day.
The SPEAKER granted Rep. F. SMITH a temporary leave of absence.
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. 3863 (Word version)
Date: ADD:
02/24/00 HAWKINS
Bill Number: H. 3863 (Word version)
Date: ADD:
02/24/00 KNOTTS
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4665 (Word version) -- Rep. Klauber: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENWOOD COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
H. 4668 (Word version) -- Reps. Walker, Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn and D. Smith: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 24 AND 25, 2000, BY THE STUDENTS AND TEACHERS OF SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7 DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF INCLEMENT WEATHER AND THE SCHOOL DAY MISSED ON JANUARY 26, 2000, BY THE STUDENTS AND TEACHERS OF SPARTANBURG COUNTY SCHOOL DISTRICT 4 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 1026 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH
Rep. CATO explained the Bill.
On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 4665 (Word version) be read the third time tomorrow.
On motion of Rep. WALKER, with unanimous consent, it was ordered that H. 4668 (Word version) be read the third time tomorrow.
On motion of Rep. CATO, with unanimous consent, it was ordered that S. 1026 (Word version) be read the third time tomorrow.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4441 (Word version) -- Reps. Cato, Cooper and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED,
H. 4660 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, March 1, which was adopted:
H. 4127 (Word version) -- Reps. Stuart, Cobb-Hunter, Gamble, Harris, J. Hines, Jennings, Lee, Littlejohn, Moody-Lawrence, Neilson, Ott, Rodgers, Simrill and Woodrum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, BY ADDING SECTION 59-67-546 SO AS TO PROVIDE THAT A LOCAL SCHOOL BOARD MAY ALLOW AN INDIVIDUAL TO RIDE A STATE-OWNED SCHOOL BUS OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS UNDER CERTAIN CIRCUMSTANCES AND MAY ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH A NON-SCHOOL RELATED ACTIVITY OR PROGRAM UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION MUST NOT BE CONSTRUED AS A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, AND TO PROVIDE THAT THE LOCAL SCHOOL BOARD
The following Joint Resolution was taken up:
S. 924 (Word version) -- Senators Setzler, Moore, Mescher, Saleeby, Thomas, Giese, Courson, Short, Bauer, O'Dell, Alexander, Land, Washington, Elliott, Holland, Reese, Leatherman, Passailaigue, Hayes, McConnell, Leventis, Rankin and Glover: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED ON EITHER SEPTEMBER 14, 15, 16, OR 17, 1999, BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO HURRICANE FLOYD ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1847DW00):
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Notwithstanding any other provisions of law, for the 1999-2000 school year, local school boards may excuse up to three school days missed because of snow, ice, or other extreme weather conditions. All other school days missed because of snow, ice, or extreme weather conditions must be made up. Should local legislation be enacted to excuse days missed from school, additional days to exceed a total of three shall not be granted by the local school board. No make-up days for students may be scheduled on Saturdays. However, remedial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board.
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. ALTMAN spoke against the amendment.
The following Bill was taken up:
H. 4657 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-135 SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS OF TRUSTEES ARE ENCOURAGED TO DEVELOP POLICIES ADDRESSING CHARACTER EDUCATION; TO PROVIDE FOR THE MANNER IN WHICH THESE POLICIES SHALL BE DEVELOPED, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FURNISH ASSISTANCE TO SCHOOL DISTRICTS IN THIS REGARD.
Reps. SHEHEEN, BALES, MOODY-LAWRENCE, WALKER, ROBINSON, J. SMITH and COBB-HUNTER requested debate on the Bill.
The following Bill was taken up:
H. 4205 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-101-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEANS' COMMITTEE ON MEDICAL DOCTOR EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMITTEE TO THE DEANS' COMMITTEE ON MEDICAL EDUCATION, TO REVISE THE MEMBERSHIP OF THE COMMITTEE, THE MANNER IN WHICH THE CHAIRMAN IS SELECTED, AND THE FUNCTIONS OF THE COMMITTEE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9273STD00), which was adopted:
Amend the bill, as and if amended, Section 59-101-190 as contained in SECTION 1, page 2, on lines 1 and 2, by deleting /selected by the other six members of the deans' committee listed above/ and inserting /appointed by the Commission on Higher Education /, and line 5, after
/"Section 59-101-190. There is hereby created a Dean's Deans' Committee on Medical Doctor Education consisting of seven (7) nine members as follows:
(1) President, University of South Carolina or his designee;
(2) President, Medical University of South Carolina or his designee;
(3) Dean or acting dean, School of Medicine, University of South Carolina;
(4) Dean or acting dean, School of Medicine, Medical University of South Carolina;
(5) Governor of South Carolina or his appointee two members appointed by the Commission on Higher Education, one of whom must be a physician with experience in medical education and one of whom must be a representative of the business community;
(6) Chairman, Commission on Higher Education, or his appointee three members of the Area Health Education Consortium medical education director's committee, who shall represent graduate medical education, to be appointed by the Commission on Higher Education.
The terms of the members selected under items (5) and (6) above shall be for four years and until their successors are appointed and qualify. In making these appointments, the Commission on Higher Education, to the extent possible, shall ensure geographic representation of all regions of the State. Vacancies shall be filled in the manner of original appointment.
(7) An appointee of the Veteran's Administration
The purpose of the committee shall be to establish an active liaison between the two schools of medicine, to study and make proposals as to the feasibility of sharing services and resources so as to minimize duplication of administrative and research functions, to assist in the coordination of graduate medical education of interns and residents at the respective institutions and at affiliated community hospitals, and upon request, to serve in an advisory capacity to the General Assembly and its committees, to the Budget and Control Board, to other institutions of higher education, and to any hospital operating a graduate medical education program.
The intent of the General Assembly in establishing this committee is to help assure that the future growth and development of both schools of medicine will be coordinated so as to achieve maximum effectiveness, and further to help assure that the administrative functions and mechanisms are coordinated so as to achieve the highest possible degree of operational efficiency. It is not the intent of the General Assembly to merge the two Schools of Medicine or to place either school in a position of control over the other.
The Committee shall meet for organizational purposes before July 31, 1976, and at least quarterly thereafter. The committee shall elect a chairman and any other officers as deemed necessary by the committee.
The Commission on Higher Education will furnish adequate meeting space or secretarial assistance upon request of the committee.
The Deans' Committee on Medical Education may also contain nonvoting members invited to attend meetings by the committee on an ad hoc basis. The chairmanship of the deans' committee shall alternate between the Dean of the School of Medicine of the University of South Carolina and the Dean of the College of Medicine of the Medical University of South Carolina. The term of the chairman shall be two years, and the committee at its first meeting after the effective date of this provision shall determine by majority vote the person who will first serve as chairman. Meetings shall be held at least quarterly during each year.
The purpose of the committee is to ensure and coordinate the development and implementation of a strategic plan for effective and efficient medical education, research, and related clinical service programs to best meet the needs of the State of South Carolina. Adoption of the strategic plan shall require at least one vote of a member representing USC and MUSC and a total of at least seven votes of the entire committee. Any strategic plan approved by the deans' committee also must be approved by the Commission on Higher Education if it contains any proposal for the consolidation, elimination, or change of medical education programs.
The committee shall report to the Commission on Higher Education through the commission's Committee on Academic Affairs. The deans' committee shall provide oversight of the Area Health Education Consortium and the consortium of teaching hospitals by reviewing and approving its strategic plan and budget. The Commission on Higher Education shall furnish adequate meeting space and professional and secretarial assistance for the committee." /
Rep. WILDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 4205 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4541 (Word version) -- Reps. Wilkins, Cato, Harrison, Simrill, Haskins, Edge, Quinn, Altman, Knotts, Fleming, Barrett, Gamble, Law, Townsend, Taylor, McGee, Koon, Allison, Barfield, Chellis, Davenport, Easterday, Frye, Harrell, Klauber, Leach, Littlejohn, McKay, Meacham-Richardson, Rice, Riser, Rodgers, Sandifer, Tripp, Trotter, Walker, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION OR SIMILAR ORGANIZATION IF THE PRINCIPAL ACTIVITIES OF THE UNION OR ORGANIZATION ARE PORTS RELATED.
Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4545 (Word version) -- Reps. Sandifer, Barrett, Cato and Trotter: A BILL TO AMEND SECTION 58-9-2540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADVISORY COMMITTEE TO THE PUBLIC SERVICE COMMISSION FOR MONITORING THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE FOR HEARING AND SPEECH-IMPAIRED PERSONS AND FOR HEARING AND VISUALLY-IMPAIRED PERSONS, SO AS TO ADD REPRESENTATIVES TO THE COMMITTEE FROM THE NATIONAL FEDERATION FOR THE BLIND OF SOUTH CAROLINA AND THE SOUTH CAROLINA COMMISSION FOR THE BLIND.
Rep. SANDIFER explained the Bill.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4550 (Word version) -- Reps. Sandifer, G. Brown, Askins, Bailey, Barrett, Canty, Cato, Chellis, Davenport, Edge, Fleming, Frye, Gilham, Govan, Harrison, Harvin, Haskins, Hayes, Hosey, Howard, Keegan, Kelley, Kirsh, Lanford, Leach, Limehouse, Littlejohn, Martin, McCraw, M. McLeod, W. McLeod, Meacham-Richardson, Moody-Lawrence, Perry, Phillips, Quinn, Rodgers, J. Smith, R. Smith, Stille, Tripp, Trotter, Walker, Webb, Wilder, Young-Brickell, Neilson, Emory and J. M. Neal: A BILL TO AMEND CHAPTER 55, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CEMETERIES, SO AS TO ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CONFORM THE PROVISIONS OF THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK
Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Reps. LEACH and DAVENPORT withdrew their requests for debate on S. 565 (Word version); however, other requests for debate remained on the Bill.
The motion period was dispensed with on motion of Rep. RICE.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill:
S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT
Rep. KNOTTS moved to recommit the Bill.
Rep. J. BROWN moved to table the motion.
Rep. MEACHAM-RICHARDSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Hines, J. Inabinett Mack McLeod, W. McMahand Moody-Lawrence Perry Rutherford Sheheen Smith, J. Wilkes
Those who voted in the negative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, M.
Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox McCraw McGee McKay McLeod, M. Meacham-Richardson Miller Neal, J.H. Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill, which was agreed to.
The following Joint Resolution was taken up:
H. 4582 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TERRITORY AND CERTIFICATES OF SEWERAGE UTILITIES AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PINCKNEY proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3722MM00), which was ruled out of order:
Rep. PINCKNEY explained the amendment.
Rep. CATO raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Joint Resolution.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. SANDIFER explained the Joint Resolution.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Askins Bailey Bales Barfield Barrett Battle Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Edge Fleming Frye Gamble Gilham Govan Harris Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Keegan Kelley Kirsh Knotts Koon Lanford Leach Littlejohn Lloyd Loftis Lourie
Lucas Mack Maddox McCraw McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neilson Ott Parks Pinckney Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Taylor Trotter Walker Webb Whatley Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The motion of Rep. J. BROWN to reconsider the vote whereby the following Bill was recommitted was taken up:
S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR
Rep. SHEHEEN raised the Point of Order that the motion to reconsider the Bill was out of order under Section 456 of Mason's Manual in that the motion to recommit the Bill to committee was not subject to reconsideration as the motion to recommit is a procedural motion.
SPEAKER WILKINS sustained the Point of Order and ruled that the motion to reconsider the motion to recommit was out of order.
The following Bill was taken up:
H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11731AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-3-85 of the 1976 Code, as added by Act 412 of 1992, is amended to read:
"Section 16-3-85. (A) A person is guilty of homicide by child abuse who if the person:
(1) causes the death of a child under the age of eleven while committing child abuse or neglect, as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or
(2) knowingly aids and abets another person to commit child abuse or neglect, as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven.
(B) For purposes of this section, the following definitions apply:
(1) 'child abuse or neglect' means an act or omission by any person which causes harm to the child's physical health or welfare.
(2) 'harm' to a child's health or welfare occurs when a person:
(a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;
(b) fails to supply the child with adequate food, clothing, shelter, or health care, and the failure to do so causes a physical injury or condition resulting in death; or
(c) abandons the child resulting in the child's death.
(B)(C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or
(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.
(C)(D) In sentencing a person under this section, the judge shall must consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-95. (A) It is unlawful to:
(1) inflict great bodily injury upon a child; or
(2) knowingly allow another person to inflict great bodily injury upon a child.
(B) A person who violates:
(1) subsection (A)(1) is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years; or
(2) subsection (A)(2) is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(C) For purposes of this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious or permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(D) This section may not be construed to prohibit corporal punishment or physical discipline which is administered by a parent or person in loco parentis in a manner which does not cause great bodily injury upon a child.
(E) This section does not apply to traffic accidents unless the accident was caused by the driver's reckless disregard for the safety of others."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. PINCKNEY proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\3723MM00), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . The Confederate Flag shall be removed from atop the State House, from the front ground floor foyer of the State House, and from the chambers of the Senate and the House of Representatives./
Renumber sections to conform.
Amend title to conform.
Rep. PINCKNEY explained the amendment.
Rep. ALTMAN raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Those who voted in the affirmative are:
Allison Altman Askins Bailey Bales Barrett Bowers Breeland Brown, G. Brown, H. Brown, T. Campsen Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Parks Perry Quinn Rhoad Rice Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Taylor Townsend Trotter Walker Wilder Wilkes Wilkins Woodrum Young-Brickell
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. JENNINGS asked unanimous consent that H. 3555 (Word version) be read a third time tomorrow.
Rep. SCOTT objected.
The following Bill was taken up:
H. 4469 (Word version) -- Reps. D. Smith, Harrison, Cotty, Delleney, Maddox and McGee: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING SECTION 16-13-550 ENTITLED THE "PERSONAL INFORMATION PRIVACY ACT OF 2000" SO AS TO PROVIDE FOR THE OFFENSE OF IDENTITY FRAUD WHICH IS THE KNOWING ACCESS TO, RELEASE, DISCLOSURE, OR USE OF PERSONAL INFORMATION ABOUT AN INDIVIDUAL WITHOUT OBTAINING THE PRIOR WRITTEN AUTHORIZATION OF THE INDIVIDUAL; TO PROVIDE PENALTIES; AND TO PROVIDE FOR A JOINT LEGISLATIVE STUDY COMMITTEE TO STUDY PERSONAL INFORMATION PRIVACY ISSUES, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THE STUDY COMMITTEE SHALL REPORT TO THE GENERAL ASSEMBLY BY OCTOBER 15, 2000.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18184SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 and inserting:
/ SECTION 2. Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-550. (A) As used in this section:
(1) 'Identity fraud' means the actual use of personal information, except in compliance with subsection (C).
(2) 'Person' means a state or local government agency or agency employee, business or nonprofit entity or its employees, service providers, their subsidiaries and affiliates.
(3) 'Personal information' means social security numbers, driver's license numbers, checking account numbers, savings account numbers, credit card numbers, debit card numbers, personal identification numbers, electronic identification numbers, digital signatures, medical records, information relating to or any other information which may be used to access an individual's financial resources or medical records.
(B) Except as provided in subsection (C) and notwithstanding any other state statute, it is illegal for a person to knowingly access, attempt to access, release, disclose, use, or otherwise make available personal information about an individual without obtaining the prior written authorization of that individual.
(C) Personal information may be accessed, released, disclosed, used or made available under the following conditions:
(1) with the prior written authorization of the individual;
(2) for use by any government agency, including a court or law enforcement agency, in carrying out its statutory functions;
(3) pursuant to a valid court order subpoena, warrant, levy, or other court decree or directive;
(4) in lawful compliance with the requirements of a federal statute or regulation;
(5) for the lawful acquisition, release, disclosure, or use by a person for the purposes of carrying out a bona fide credit, commercial or consumer transaction initiated by, with or without written authorization, the rightful owner of the personal information;
(6) by a person regulated under Title 38 of the 1976 Code for the purposes of paying or adjudicating claims, underwriting or rating coverage, preventing fraud and abuse, credentialing providers, authorizing health care services, reviewing the quality or utilization of services, or carrying out any other duties allowed by Title 38;
(7) by a licensed member of the South Carolina Bar when preparing to provide or directly providing legal services to a client; or
(8) when all or substantially all of the property or assets of a business are sold, exchanged, or disposed of pursuant to Title 33 of the 1976 Code, or when all or substantially all of the property or assets of a sole proprietorship, unincorporated organization, joint venture,
(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court, but not to exceed twenty-five thousand dollars, or be imprisoned not more than ten years, or both. The court may also order restitution to the victim of identity fraud pursuant to the provisions of Section 17-25-322.
(E) In a criminal proceeding brought pursuant to this section, the crime is considered to have been committed in any county in which a part of the identity fraud took place, in any county where the personal information was accessed, or in the county where the victim of identity fraud resides.
(F) This section may not be construed to impede, restrict or prohibit the First Amendment rights of any legitimate member of the press to disclose personal information covered under this section or to affect any civil cause of action existing under state statutory or common law which may otherwise be brought against a member of the press for the acquisition or disclosure of that personal information.
(g) This section may not be construed to apply to any financial institution or entity defined in or required to comply with the federal Fair Credit Reporting Act or the federal Gramm-Leach-Bliley Financial Modernization Act, 113, Stat. 1338."
SECTION 3. (A) A joint legislative study committee is created to study personal information privacy issues, to examine the relationship of information technology and privacy issues, and to seek to establish an appropriate balance which promotes the use of information for legitimate business purposes, including biometric technology for use in preventing identity theft and fraud, while safeguarding the personal privacy rights of the citizens of South Carolina.
(B) The joint legislative study committee shall be composed of fifteen members to include:
(1) three members of the House of Representatives to be appointed by the Chairman of the House Judiciary Committee;
(2) three members of the Senate to be appointed by the Chairman of the Senate Judiciary Committee;
(3) two members of the media, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee;
(4) one member of the South Carolina Merchants Association to be jointly appointed by the Chairmen of the House and Senate Judiciary Committees;
(5) the representative of the National Organization Mandating Equitable Databases or if that organization chooses not to participate, then a representative of a similar personal privacy protection advocacy group to be jointly appointed by the Chairmen of the House and Senate judiciary committees;
(6) two consumer victims of identity fraud, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee; and
(7) three members of the financial services industry, one to be appointed by the Chairman of the Senate Judiciary Committee, one to be appointed by the Chairman of the House Judiciary Committee and one to be jointly appointed by both Chairmen.
(C) The study committee shall submit its report to the General Assembly no later than October 15, 2000, at which time the committee shall be dissolved.
(D) The study committee shall be staffed by personnel as provided and assigned by the Chairman of the House Judiciary Committee from the House staff and by the Chairman of the Senate Judiciary Committee from the Senate staff." /
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. GOVAN proposed the following Amendment No. 2 (Doc Name COUNCIL\PSD\AMEND\7075SOM00), which was adopted:
Amend the bill, as and if amended, SECTION 3, page (4469-4), line 5, by striking / Chairmen. / and inserting / Chairmen; and two representatives of consumer protection organizations to be jointly appointed by both Chairmen. /
Amend title to conform.
Rep. GOVAN explained the amendment.
The amendment was then adopted.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. PINCKNEY proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\AMEND\3724MM00), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . The Confederate Flag shall be removed from atop the State House, from the front ground floor foyer of the State House, and from the chambers of the Senate and the House of Representatives./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Bales Barrett Brown, G. Brown, H. Brown, T. Campsen Carnell Cato Chellis Clyburn Cotty Dantzler Davenport Delleney
Easterday Edge Emory Fleming Frye Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, M. Hinson Hosey Huggins Jennings Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Parks Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Taylor Townsend Trotter Webb Whatley Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4469 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3863 (Word version) -- Reps. Campsen, Altman, Barrett, Beck, Davenport, Delleney, Easterday, Gilham, Hamilton, Haskins, Klauber, Leach, Loftis, Mason, Rice, Robinson, Sharpe, Simrill, R. Smith, Taylor, Vaughn, Hawkins and Knotts: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5055DJC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited and referred to as the "Unborn Victims Act".
SECTION 2. Article 1, Chapter 5, Title 15 of the 1976 Code is amended by adding:
"Section 15-5-5. For purposes of a civil cause of action, 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 3. Article 1, Chapter 3, Title 16 of the 1976 Code, is amended by adding:
"Section 16-3-90. (A) For purposes of all offenses arising out of the unlawful killing or battery of any 'person' or of 'another' in this chapter, the terms 'person' and 'another' include an unborn child at every stage of gestation in utero from conception until live birth.
(B) Nothing in this section applies to a mother's right to privacy, to a lawful medical procedure performed by a physician or other licensed medical professional at the request of the mother of an unborn child or the mother's legal guardian, or to the lawful dispensation or administration of lawfully prescribed medication."
"(20) 'Person' means an individual, a partnership, a firm, a corporation, an association, or other legal entity. For purposes of all offenses arising out of the death or injury of any 'person' in this article, 'person' also includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 5. Article 1, Chapter 21, Title 50 of the 1976 Code, is amended by adding:
"Section 50-21-180. For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 6. Article 23, Chapter 5, Title 56 of the 1976 Code, is amended by adding:
"Section 56-5-2915. For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 7. If any section, or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are hereby declared to be severable from other provisions.
SECTION 8. The repeal or Amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 9. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. DAVENPORT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Brown, T. Cotty Hines, J. Hines, M. Howard Lee Lloyd McMahand Moody-Lawrence Scott Woodrum
Those who voted in the negative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harris Harrison Harvin Haskins Hawkins Hayes Hinson Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McGee McKay McLeod, W. Meacham-Richardson Miller Neal, J.M. Neilson Ott Parks Quinn Rhoad Rice Riser Rutherford Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Taylor
Townsend Trotter Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. PINCKNEY proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\3725MM00), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . The Confederate Flag shall be removed from atop the State House, from the front ground floor foyer of the State House, and from the chambers of the Senate and the House of Representatives./
Renumber sections to conform.
Amend title to conform.
Rep. RICE raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Brown, G. Brown, H. Campsen Carnell Cato Chellis Cooper Davenport Delleney Easterday Edge Emory Fleming
Frye Gamble Gilham Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hinson Huggins Jennings Keegan Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Maddox McCraw McGee McKay McLeod, W. Meacham-Richardson Neal, J.M. Neilson Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rutherford Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Breeland Brown, J. Brown, T. Dantzler Govan Hines, J. Hines, M. Hosey Howard Inabinett Lee Mack McLeod, M. Parks Pinckney Rodgers Wilkes Woodrum
So, the Bill, as amended, was read the second time and ordered to third reading.
I was unable to be present today as my daughter was having surgery. Had I been present I would have voted in favor of H. 3863.
Rep. Dan Tripp
The following Bill was taken up:
H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart and Emory: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE
Rep. PINCKNEY proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3726MM00), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . The Confederate Flag shall be removed from atop the State House, from the front ground floor foyer of the State House, and from the chambers of the Senate and the House of Representatives./
Renumber sections to conform.
Amend title to conform.
Rep. CATO raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. LAW explained the Bill.
Rep. CAMPSEN proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9268MM00), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 56-15-45, page 3, lines 25 through 43, by deleting subsections (C) and (D) in their entirety.
Amend the bill further, beginning on line 2, page 4 through line 43 on page 5, by deleting Section 56-15-46 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Rep. CAMPSEN spoke in favor of the amendment.
Rep. KNOTTS moved to table the amendment, which was agreed to.
Rep. TROTTER moved to table the motion.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Barfield Battle Bowers Brown, G. Brown, H. Carnell Cato Chellis Dantzler Davenport Delleney Edge Fleming Frye Gamble Gourdine Harris Harrison Harvin Hawkins Hinson Huggins Jennings Keegan Kennedy Kirsh Knotts Koon Law Lee Limehouse Littlejohn Loftis Maddox Martin McCraw McLeod, M. McMahand Meacham-Richardson Neal, J.M. Phillips Rhoad Riser Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Taylor Townsend Trotter Walker Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Barrett Breeland Brown, T. Campsen Cotty Easterday Emory Gilham Hamilton Harrell Haskins Hayes Hines, J. Hines, M. Hosey
Howard Kelley Klauber Leach Lloyd Lucas Mack McGee McKay McLeod, W. Moody-Lawrence Neilson Parks Perry Pinckney Rice Robinson Rutherford Scott Smith, J. Webb
So, the motion to adjourn debate was tabled.
Rep. CATO moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment the pending question being consideration of amendments.
At 12:00 noon the House, in accordance with the motion of Rep. COOPER, adjourned in memory of Jake Rogers, to meet at 10:00 a.m. tomorrow.
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