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:
We give thanks to You, Heavenly Father, that You have kept us from harm and danger during the past night. And we now ask that You keep and protect us throughout this day that our thoughts, words and actions may please You. Into Your hand we commend all that is ours. Let Your holy presence have charge over us. Forgive our sins and make us strong as we travel the journey of life. Hear us, Lord, in this our prayer of thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. GILHAM replaced Rep. OTT on the Conference Committee on the following Bill effective June 22, 1999:
H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M. McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 50-21-175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REDESIGNATE SECTION 50-13-990 AS SECTION 50-21-180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 50-5-130, 50-13-190, 50-13-320, 50-13-530, 50-13-700, 50-13-735, 50-13-770, 50-13-795, 50-13-800, 50-13-805, 50-13-815, 50-19-320, AND 50-19-330 OF THE 1976 CODE; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.
The following were received and referred to the appropriate committees for consideration:
Document No. 2488
Agency: Department of Labor, Licensing and Regulation
Contractors' Licensing Board
Statutory Authority: 1976 Code Sections 40-11-60, 40-11-260,
40-11-410 and 40-1-70
Examination Requirements; Classifications; Mechanical Contractors Licensure Requirements; Owner-Prepared Financial Statement; General Contractors-Highway Classification
Received by Speaker of the House of Representatives
January 12, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2000
Document No. 2489
Agency: Department of Labor, Licensing and Regulation
Board of Funeral Service
Statutory Authority: 1976 Code Section 40-19-05
Licensing Provisions for Embalmers, Fees, Code of Ethics
Received by Speaker of the House of Representatives
January 12, 2000
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 11, 2000
Document No. 2459
Agency: Department of Transportation
Statutory Authority: 1976 Code Section 57-25-170
Specific Information Service Signing
Received by Speaker of the House of Representatives
January 12, 2000
Referred to Education and Public Works Committee
Legislative Review Expiration May 11, 2000
Document No. 2473
Agency: Department of Transportation
Statutory Authority: 1976 Code Section 28-11-50
Contractor Prequalification, Disqualification and Suspension
Received by Speaker of the House of Representatives
January 12, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2000
Document No. 2472
Agency: Department of Transportation
Statutory Authority: 1976 Code Section 28-11-50
Relocation of Displaced Persons
Received by Speaker of the House of Representatives
January 12, 2000
Referred to Education and Public Works Committee
Legislative Review Expiration May 11, 2000
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4414 (Word version) -- Reps. Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE 85 WHICH IS COMMONLY KNOWN AS BUSINESS I-85 IN SPARTANBURG COUNTY AS THE "VETERANS PARKWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE INTERSTATE CONTAINING THE WORDS "VETERANS PARKWAY" IN HONOR OF THE NUMEROUS CONTRIBUTIONS OF THE MANY SPARTANBURG CITIZENS WHO HAVE HONORABLY SERVED IN THE SEVERAL BRANCHES OF THE ARMED FORCES OF THE UNITED STATES.
Ordered for consideration tomorrow.
Rep. BATTLE, from the Marion Delegation, submitted a favorable report on:
H. 4275 (Word version) -- Rep. Battle: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 15, 16, AND 17, 1999, BY THE STUDENTS OF MARION COUNTY SCHOOL DISTRICT NUMBER 2, THE MULLINS SCHOOL DISTRICT, DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF HURRICANE FLOYD ARE EXEMPTED FROM THE STATUTORY MAKE-UP REQUIREMENT.
Ordered for consideration tomorrow.
Rep. BATTLE, from the Marion Delegation, submitted a favorable report on:
H. 4328 (Word version) -- Rep. Battle: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF MARION COUNTY SCHOOL DISTRICTS NUMBER 1, 3, AND 4 DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF HURRICANE FLOYD ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO THE EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Ordered for consideration tomorrow.
The following was introduced:
H. 4432 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. W. D. HARRINGTON OF CLARENDON COUNTY ON RECEIVING THE 1999 DISTINGUISHED SERVICE AWARD FROM THE SOUTH CAROLINA FARM BUREAU.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HASKINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4433 (Word version) -- Reps. Wilkins, Haskins, Harrison, Harrell, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 19, 2000, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Be it resolved by the House of Representatives, the Senate concurring:
That His Excellency, James H. Hodges, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 19, 2000, in the Chamber of the South Carolina House of Representatives.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4434 (Word version) -- Reps. Haskins, Barrett, Cato, Fleming, Keegan, Littlejohn, Loftis, Phillips, Riser, Robinson and Taylor: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO PROVIDE THAT NEITHER THE UNITED STATES SUPREME COURT NOR ANY INFERIOR COURT OF THE UNITED STATES HAS THE POWER TO INSTRUCT OR ORDER A STATE OR ITS POLITICAL SUBDIVISION OR OFFICIAL OF THE STATE OR SUBDIVISION TO LEVY OR INCREASE TAXES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4435 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, 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, Harrison, 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, 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 EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ONE OF KERSHAW COUNTY'S BEST KNOWN AND MOST WELL-RESPECTED PUBLIC SERVANTS AND DISTINGUISHED CITIZENS, AUSTIN MOSES SHEHEEN, SR., WHO PASSED AWAY ON WEDNESDAY, JANUARY 5, 2000.
Whereas, on Wednesday, January 5, 2000, the City of Camden, Kershaw County, and the State of South Carolina lost one of their most respected and distinguished citizens, Austin Moses Sheheen, Sr.; and
Whereas, Austin Moses Sheheen, Sr., was born in Camden eighty-eight years ago to a Lebanese immigrant grocer and his wife, the late Abraham and Elizabeth Koosa Sheheen; and
Whereas, Austin Moses Sheheen, Sr., was married to his sweetheart, the former Lucile Roukos, for sixty-three years before she passed away in 1996, and together they had four sons, Austin M. Sheheen, Jr., Fred R. Sheheen, Robert J. Sheheen, and E. Michael Sheheen, all of Camden; he is also survived by brothers, George Sheheen, Frank Sheheen, and Fred Sheheen, all of Camden, Arthur "Mac" Sheheen of Columbia, ten grandchildren, and twenty-four great-grandchildren; his brother, Ernest Sheheen, predeceased him; and
Whereas, Mr. Sheheen, who retired as the Texaco oil jobber in Camden, is best known and admired for his dedication to public service throughout his life; he was on the Camden City Council twelve years before serving as the city's mayor from 1964 to 1972; he was also the president of the Kershaw County Chamber of Commerce in 1964 and a charter member of the Camden Jaycees; and
Whereas, Mr. Sheheen was a member of Our Lady of Perpetual Help Catholic Church in Camden where he demonstrated his strong faith by involving himself and family in its religious work and activities; and
Whereas, family and friends remember Austin Moses Sheheen, Sr., as a man of character, integrity, and affection who appreciated and loved his family, his faith, working in his garden, and his community, and who preached the values of hard work and education to his sons; and
Whereas, the Sheheen sons have carried on in their father's footsteps as they have been heavily involved in public service in the county and the State; Fred Sheheen was an aide to Governor Donald Russell in the 1960's and a member of the State Commission on Higher Education in the 1970's and 1980's, including three years as the commission's chairman; Austin M. Sheheen, Jr., was a president of the Kershaw County Chamber of Commerce; Michael Sheheen is a Camden businessman; and Bob Sheheen, our esteemed colleague, has represented Kershaw County in the House of Representatives since 1977 and served as the Speaker of the House from 1986 through 1994; and
Whereas, the Camden community and Kershaw County will sorely miss Austin Moses Sheheen, Sr., whose attitude of loving hard work, having a positive outlook in life, and dedicating himself to his God, his family, and the betterment of his community made an impact on everyone who knew him or knew of him; and
Whereas, it is fitting and proper that the members of the General Assembly pause in their deliberations to note the passing of so great a son of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly extend their deepest sympathy to the family and friends of one of Kershaw County's best known and most well-respected public servants and distinguished citizens, Austin Moses Sheheen, Sr., who passed away on Wednesday, January 5, 2000.
Be it further resolved that a copy of this resolution be forwarded to each of the sons of Austin Moses Sheheen, Sr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4436 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 59-149-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS TO OTHER ELIGIBLE INSTITUTIONS BY LIFE SCHOLARSHIP RECIPIENTS, SO AS TO FURTHER PROVIDE FOR THE CALCULATION OF CUMULATIVE CREDIT HOURS AND GRADE POINT AVERAGE AT PRIOR INSTITUTIONS TO DETERMINE LIFE SCHOLARSHIP ELIGIBILITY.
Referred to Committee on Education and Public Works
H. 4437 (Word version) -- Reps. Bales, J. H. Neal, Barfield and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-425 SO AS TO PROVIDE THAT TEXTBOOKS SOLD AT BOOKSTORES OPERATED BY OR LOCATED WITHIN BUILDINGS OF STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS MUST BE PRICED AT NO MORE THAN TEN PERCENT ABOVE COST.
Referred to Committee on Education and Public Works
H. 4438 (Word version) -- Reps. Bales, Barfield, Hayes and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-415 SO AS TO PROVIDE THAT THE MEN'S VARSITY BASKETBALL TEAMS FROM THE UNIVERSITY OF SOUTH CAROLINA (COLUMBIA) AND CLEMSON UNIVERSITY SHALL PLAY EACH OTHER TWICE A YEAR ON A HOME AND HOME BASIS BEGINNING WITH THE 2000-2001 SEASON.
Referred to Committee on Education and Public Works
H. 4439 (Word version) -- Reps. Haskins, Barrett, Cato, Cotty, Govan, Littlejohn, Loftis, Phillips, Riser, Robinson, Taylor and Clyburn: A BILL TO AMEND SECTIONS 12-6-3910 AND 12-6-4960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR PAYMENT OF ESTIMATED STATE INCOME TAX AND THE DUE DATE FOR FILING STATE INCOME TAX RETURNS SO AS TO CHANGE THE FIRST QUARTER INSTALLMENT PAYMENT FOR CALENDAR YEAR TAXPAYERS OTHER THAN CORPORATIONS FROM APRIL FIFTEENTH TO MAY FIFTEENTH AND TO CHANGE THE DUE DATE FOR CERTAIN STATE INCOME TAX RETURNS FROM BEFORE THE FIFTEENTH DAY OF THE FOURTH MONTH FOLLOWING THE TAXABLE YEAR TO THE FIFTEENTH DAY OF THE FIFTH MONTH FOLLOWING SUCH YEAR.
Referred to Committee on Ways and Means
H. 4440 (Word version) -- Rep. Miller: A BILL TO REPEAL CHAPTER 33, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.
Rep. MILLER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KELLEY objected.
Referred to Committee on Ways and Means
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, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS REQUIREMENT; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A RATE INCREASE, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THESE PROCEDURES.
Referred to Committee on Labor, Commerce and Industry
H. 4442 (Word version) -- Reps. Cato and Tripp: A BILL TO ENACT THE "PROTECTED CELL INSURANCE COMPANY ACT" INCLUDING PROVISIONS TO AMEND TITLE 38 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 10, SO AS TO, AMONG OTHER THINGS, AUTHORIZE AN INSURANCE COMPANY TO CREATE AND SEGREGATE AN IDENTIFIED POOL OF ASSETS AND LIABILITIES FROM THE REMAINDER OF THE COMPANY'S ASSETS AND LIABILITIES FOR THE PURPOSE OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL AND ACHIEVING BENEFITS OF INSURANCE SECURITIZATIONS; TO PROVIDE PROCEDURES FOR ESTABLISHING PROTECTED CELL COMPANIES; TO PROVIDE FOR THE USE AND OPERATION OF PROTECTED CELLS; AND TO PROVIDE FOR THE AVAILABILITY OF PROTECTED CELL ASSETS TO CREDITORS AND OTHER CLAIMANTS.
Referred to Committee on Labor, Commerce and Industry
H. 4443 (Word version) -- Rep. Miller: A BILL TO AMEND ACT 592 OF 1994, RELATING TO THE GEORGETOWN COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE OFFICE OF CHAIRMAN SHALL NO LONGER BE A SEPARATE AND DISTINCT OFFICE AFTER THE EXPIRATION OF THE TERM OF THE CURRENT CHAIRMAN, AND THAT THE CHAIRMAN OF THE BOARD THEREAFTER SHALL BE ELECTED BY THE MEMBERS THEREOF.
Referred to Georgetown Delegation
H. 4444 (Word version) -- Reps. Robinson, Wilkins, Quinn, Barfield, Barrett, H. Brown, Chellis, Cotty, Dantzler, Fleming, Gamble, Gilham, Hamilton, Harrell, Harrison, Hinson, Huggins, Keegan, Koon, Law, Leach, Martin, Meacham-Richardson, Riser, Rodgers, Sandifer, D. Smith, Stuart, Taylor, Walker, Young-Brickell, Whatley, Tripp, Cooper, Seithel, Allison, Altman, Beck, Campsen, Cato, Davenport, Easterday, Edge, Haskins, Kelley, Knotts, Lanford, Limehouse, Loftis, Lucas, McGee, McKay, Perry, Rice, Sharpe, Simrill, R. Smith, Trotter, Vaughn, Webb, Witherspoon, Woodrum and Frye: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT AND TO DELETE REDUNDANT LANGUAGE.
Referred to Committee on Ways and Means
H. 4445 (Word version) -- Reps. Robinson, Wilkins, Quinn, Barfield, Barrett, H. Brown, Chellis, Cotty, Dantzler, Fleming, Gamble, Gilham, Hamilton, Harrell, Harrison, Hinson, Huggins, Keegan, Koon, Law, Leach, Littlejohn, Martin, Meacham-Richardson, Riser, Rodgers, Sandifer, D. Smith, Stuart, Taylor, Walker, Young-Brickell, Seithel, Cooper, Whatley, Tripp, Allison, Altman, Beck, Campsen, Cato, Davenport, Easterday, Edge, Frye, Haskins, Kelley, Knotts, Lanford, Limehouse, Loftis, Lucas, McGee, McKay, Perry, Rice, Sharpe, Simrill, R. Smith, Trotter, Vaughn, Webb, Witherspoon and Woodrum: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE BY ONE PERCENT A YEAR THE STATE PORTION OF SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE OCTOBER 1, 2004, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO ALLOW A COUNTY BY ORDINANCE TO EXEMPT FOOD ITEMS FROM LOCAL SALES AND USE TAXES.
Referred to Committee on Ways and Means
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, January 13.
Woodrow McKay Chuck Allen Ralph Davenport Becky Martin Theodore Brown Anthony Harris Jerry Govan Bessie Moody-Lawrence Larry Koon Lynn Seithel
STATEMENT OF ATTENDANCE
Rep. TOWNSEND signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 12.
Rep. HUGGINS and the Richland Delegation presented to the House Mrs. Barbara Howe McArthur, President of the Junior League of Columbia, Mrs. Clotilde Perez-Bode Dedecker, President of the Association of Junior League International and Mrs. Clarissa Torres Adams, Chairwoman of the seventy-fifth anniversary committee, recognizing the Junior League on its seventy-fifth anniversary.
Announcement was made that Dr. Roger Gaddy of Winnsboro 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. 4342 (Word version)
Date: ADD:
01/13/00 W. MCLEOD
Bill Number: H. 4302 (Word version)
Date: ADD:
01/13/00 W. MCLEOD
Bill Number: H. 4299 (Word version)
Date: ADD:
01/13/00 W. MCLEOD
Bill Number: H. 4341 (Word version)
Date: ADD:
01/13/00 W. MCLEOD
Bill Number: H. 4343 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4351 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4298 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4301 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4297 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4337 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4305 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4308 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4317 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4321 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4323 (Word version)
Date: ADD:
01/13/00 RISER
Bill Number: H. 4364 (Word version)
Date: ADD:
01/13/00 RISER
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4422 (Word version) -- Reps. D. Smith and Littlejohn: A BILL TO AMEND ACT 178 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE CONVERSE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL OF THE DISTRICT FROM THREE TO FIVE MEMBERS.
S. 840 (Word version) -- Senators Elliott and Ravenel: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE.
The following Bill 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. 181 (Word version) -- Senators Washington and Elliott: A BILL TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE.
The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 764 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4266 (Word version) -- Reps. Law, Dantzler, Hinson, Gourdine and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-136, SO AS TO ESTABLISH A NO WAKE ZONE AT PIMLICO BOAT LANDING IN BERKELEY COUNTY.
The following Bill was taken up:
S. 493 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 40-13-5, 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.
Rep. KNOTTS proposed the following Amendment No. 2 (Doc Name COUNCIL\KGH\AMEND\15774HTC99), which was tabled:
Amend the bill, as and if amended, in Section 40-13-250, as contained in SECTION 12, page 6, by striking subsection (A) and inserting:
/ (A) The holder of an individual license issued by the board annually biennially, on such date as may be designated by the board, shall renew his or her license and pay the renewal fee and furnish proof to the board that he or she has completed continuing education approved by the board. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS moved to table the amendment, which was agreed to.
Rep. PARKS explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4410 (Word version) -- Reps. Easterday, Vaughn, Tripp, Wilkins, Taylor, Hamilton, Haskins, Leach and Loftis: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE 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 DISTRICTS 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.
Rep. WALKER moved to commit the Bill.
Rep. EASTERDAY moved to table the motion.
Rep. WALKER demanded the yeas and nays, which were not ordered.
The House refused to table the motion by a division vote of 20 to 26.
The question then recurred to the motion to commit the Bill.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Barfield Battle Breeland Brown, J. Brown, T. Cobb-Hunter Dantzler Emory Gamble Gourdine Harris Hayes Hines, J. Hines, M. Hinson Hosey Howard Inabinett Jennings Kirsh Knotts Littlejohn Lloyd Lucas Mack Maddox McCraw McMahand Miller Neal, J.H. Neal, J.M. Ott Parks Perry Riser Rodgers Rutherford Scott Sheheen Stille Stuart Townsend Walker Wilkes Witherspoon
Those who voted in the negative are:
Altman Bowers Campsen Cato Clyburn Davenport Delleney Easterday Edge Hamilton Harrell Haskins Huggins Leach Limehouse Loftis Meacham-Richardson Quinn Rhoad Rice Robinson Simrill Smith, J. Smith, R. Taylor Tripp Vaughn Webb Wilkins
So, the motion to commit the Bill was agreed to.
On motion of Rep. D. SMITH, with unanimous consent, the following Bill was ordered recalled from the Senate:
H. 4267 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
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 amendments:
S. 528 (Word version) -- Senators Gregory, Waldrep, Ravenel and Hutto: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME AND WATERCRAFT, SO AS TO ENACT "THE SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-112, AS AMENDED, RELATING TO USE OF A VESSEL OR WATER DEVICE, SO AS TO PROVIDE FOR THE OFFENSE OF CAUSING INJURY OR DEATH WHILE OPERATING A VESSEL OR USING A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-113 SO AS TO PROVIDE FOR THE OFFENSE OF RECKLESS OPERATION OF A VESSEL OR WATER DEVICE, AND TO PROVIDES PENALTIES; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATION OF A VESSEL OR MANIPULATION OF A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON ARRESTED FOR OPERATING A VESSEL OR MANIPULATING A WATER DEVICE IN THE WATERS OF THIS STATE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IS CONSIDERED TO HAVE GIVEN HIS CONSENT TO ONE OR A COMBINATION OF CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR THE REFUSAL TO TAKE THE CHEMICAL TESTS REQUIRED BY THE ARRESTING OFFICER; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO INCREASE THE PERMISSIBLE TERM OF IMPRISONMENT FROM FIVE YEARS TO TEN YEARS; BY ADDING SECTION 50-21-116 SO AS TO PROVIDE THAT A PERSON MUST SUBMIT TO ONE OR A COMBINATION OF TESTS WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON WHO VIOLATED OR IS UNDER ARREST FOR OPERATING A WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS; BY ADDING SECTION 50-21-117 SO AS TO PROVIDE FOR THE OFFENSES OF OPERATING A VESSEL UNDER SUSPENSION AND USING A WATER DEVICE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-120, AS AMENDED, RELATING TO THE DUTY OF A BOAT LIVERY, SO AS TO PROVIDE THAT THE OWNER OF A BOAT LIVERY, HIS AGENT, AND EMPLOYEES, MUST NOT PERMIT A VESSEL TO DEPART FROM HIS PREMISES UNLESS IT IS IN SOUND AND SAFE OPERATING CONDITION, HAVE A VALID REGISTRATION, BE PROPERLY NUMBERED AND TITLED IN THIS STATE; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO THE DUTIES OF VESSEL OPERATORS INVOLVED IN A COLLISION, ACCIDENT, OR OTHER CASUALTY, SO AS TO PROVIDE FOR THE OFFENSE OF FAILURE TO STOP WHEN INJURY, GREAT BODILY INJURY, OR DEATH RESULTS FROM A COLLISION, ACCIDENT, OR OTHER CASUALTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 21,TITLE 50, SO AS TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE CHAPTER WHERE PENALTIES ARE NOT SPECIFIED; TO AMEND SECTION 50-21-320, AS AMENDED, RELATING TO VESSELS THAT NEED NOT BE NUMBERED, SO AS TO PROVIDE WHEN CERTAIN VESSELS COVERED BY A CERTIFICATE OR NUMBER IN EFFECT THAT IS ISSUED PURSUANT TO FEDERAL LAW OR A FEDERAL NUMBERING SYSTEM NEED NOT BE NUMBERED IN THIS STATE; TO AMEND SECTION 50-21-340, AS AMENDED, RELATING TO APPLICATIONS FOR NUMBER AND CERTIFICATE FOR MOTORBOATS, SO AS TO INCREASE THE APPLICATION FEE; TO AMEND SECTION 50-21-370, AS AMENDED, RELATING TO TEMPORARY CERTIFICATE OF NUMBER FOR RECENTLY PURCHASED WATERCRAFT, SO AS TO PROVIDE THAT WHEN USING A RECENTLY PURCHASED WATERCRAFT UNDER AUTHORITY OF A TEMPORARY CERTIFICATE OF NUMBER THE OPERATOR SHALL CARRY A COPY OF THE BILL OF SALE AND THE TEMPORARY CERTIFICATE OF NUMBER ON BOARD AS PROOF OF OWNERSHIP; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION, NEGLIGENT OPERATION, AND PROHIBITED ACTS, SO AS TO PROVIDE THAT OPERATION OF ANY VESSEL WITHIN A PROHIBITED AREA IS NEGLIGENT OPERATION; TO AMEND SECTION 50-21-870, AS AMENDED, RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 50-23-15, RELATING TO PERMITTED MARINE DEALERS, SO AS TO PROVIDE FOR INSPECTION OF PREMISES, BOOKS, AND RECORDS, AND TO PROVIDE PENALTIES FOR FAILURE TO ALLOW INSPECTIONS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATES OF TITLE, SO AS TO INCREASE THE APPLICATION FEES AND PROVIDE FOR AN EXEMPTION FOR WATERCRAFT PROPELLED BY HAND WITH OAR, PADDLE, OR SIMILAR DEVICE; TO AMEND SECTION 50-23-80, AS AMENDED, RELATING TO PUBLIC RECORDS PERTAINING TO THE TITLED OWNER'S PERSONAL INFORMATION AND THE MANUFACTURER'S HULL AND IDENTIFICATION OR SERIAL NUMBER FROM PUBLIC DISCLOSURE; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO UNLAWFUL ACTS IN CONNECTION WITH WATERCRAFT, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A WATERCRAFT WITHOUT DISPLAYING THE ISSUED DECAL; TO AMEND SECTION 50-23-210, AS AMENDED, RELATING TO CERTIFICATES OF TITLE TO WATERCRAFT, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY REVOKE A CERTIFICATE OF TITLE UPON NOTICE AND THE OPPORTUNITY FOR A HEARING, AND THAT THE DEPARTMENT MAY SEIZE REVOKED CERTIFICATES THAT ARE NOT RETURNED TO THE DEPARTMENT; BY ADDING SECTION 50-23-215 SO AS TO PROVIDE THAT THE OWNER OF A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE MUST FURNISH THE DEPARTMENT OF NATURAL RESOURCES WRITTEN NOTICE OF THE TRANSFER OF HIS INTEREST IN A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE WITHIN FIFTEEN DAYS OF THE DATE OF THE TRANSFER; TO AMEND SECTION 50-23-220, RELATING TO DEPOSIT AND USE OF FUNDS, SO AS TO PROVIDE THAT UP TO ONE-HALF OF THE FEES COLLECTED UNDER THIS CHAPTER MAY BE USED FOR ENFORCEMENT OF BOATING LAWS; TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 23, TITLE 50, SO AS TO INCREASE THE PENALTIES FOR CERTAIN OFFENSES; TO AMEND TITLE 50 OF THE 1976 CODE BY NAMING CHAPTER 23, TITLE 50, "WATERCRAFT AND OUTBOARD MOTORS", TO DESIGNATE SECTIONS 50-23-10 THROUGH 50-23-290 AS ARTICLE 1, CHAPTER 23, TITLE 50, NAMED "TITLING", TO REDESIGNATE ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50, NAMED "NUMBERING", AND TO DIRECT THE CODE COMMISSIONER TO RENUMBER THE CODE SECTIONS OF THE EXISTING ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50; AND TO REPEAL SECTIONS 50-21-390, 50-21-410, 50-23-10, 50-23-24 AND 50-23-50 OF THE 1976 CODE.
Rep. SHARPE moved to recommit the Bill, which was agreed to.
Rep. KEEGAN moved to adjourn debate upon the following Bill until Tuesday, January 25, which was adopted:
H. 4017 (Word version) -- Ways and Means Committee: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.
The following Bill was taken up:
S. 199 (Word version) -- Senators J. V. Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PSD\AMEND\7453AC99), which was adopted:
Amend the bill, as and if amended, by deleting Section 20-7-2910 on page 8, and inserting:
/ "Section 20-7-2910. It shall be the responsibility of The child day care operator to notify the department of the fact of its operation and existence and to request inspection of the facility. It shall be the responsibility of shall submit a formal request for inspection of the child care facility to the department. The department to shall request that the local the appropriate state health and fire safety agencies to conduct an inspection of the facility at least annually before renewal of the registration and more often if necessary to insure ensure compliance with health and fire safety regulations. If there be no local health and safety agencies to conduct the inspection, then the appropriate state agency will conduct the inspection. The department shall register any such the day care facility upon notification from health and fire safety agencies that the day care facility is in compliance with such these regulations and the requirements of Section 20-7-2900.
The applicable regulations applied shall must be the same health and fire safety regulations applied to other facilities regulated under this subarticle as set forth in the December 28, 1976 regulations as filed with the Secretary of State by the department for Child Day Care Centers and Group Day Care Homes." /
Amend the bill further by deleting SECTION 12 and inserting:
/ SECTION 12. This act takes effect six months after approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. M. HINES explained the amendment.
The amendment was then adopted.
Rep. M. HINES explained the Bill.
Rep. J. BROWN moved to adjourn debate on the Bill until Tuesday, January 18, which was agreed to.
The following Joint Resolution was taken up:
H. 4135 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND moved to recommit the Joint Resolution, which was agreed to.
The following Bill was taken up:
H. 3786 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR CONDUCTING A PARTY PRIMARY AND THE CERTIFICATION OF CANDIDATES PLACED ON PRIMARY BALLOTS, SO AS TO REQUIRE CANDIDATES TO BE CERTIFIED IN WRITING, ADD SATURDAY TO SUNDAY AS A DEADLINE FOR CERTIFICATION WHICH WOULD BE MOVED TO THE FOLLOWING MONDAY IF IT FELL ON THOSE DAYS, REQUIRE THE WRITTEN CERTIFICATION TO VERIFY THE QUALIFICATIONS OF A CANDIDATE, REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE EACH PARTY WITH AN AFFIDAVIT WHICH MUST BE USED TO CERTIFY A CANDIDATE, AND PROVIDE A PENALTY FOR FAILURE TO FILE OR FOR KNOWINGLY FALSIFYING AN AFFIDAVIT.
THE JUDICIARY COMMITTEE proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1560DW99), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Section 7-13-40 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:
"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made in writing by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth falls on a Sunday, not later than twelve o'clock noon on the following Monday. A political party nominating a candidate by party primary must verify the qualifications of the candidate before certification to the appropriate election commission of the name of candidate to be placed on a primary ballot. The written certification required by this section must contain a statement that each candidate certified meets or can meet the qualifications for the office for which he has filed. The State Election Commission must provide to each party in every county an affidavit that must be used to certify a candidate who is required by law to file an affidavit affirming his qualifications. Failure to file the affidavit with the appropriate party shall result in disqualification of the candidate. A candidate who knowingly falsifies his affidavit is disqualified as a candidate or office holder for the office for which he was a candidate or was elected. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION 2. Section 7-13-320 of the 1976 Code is amended by adding:
"(F) Each county election commission must provide a copy of each ballot style to be used for primary, general, and special elections in the absentee precinct in their county to the Executive Director of the State Election Commission not later than September fifteenth in the case of general elections, and not later than forty days prior to the date of the election in the case of special and primary elections. If the ballot styles are not available by these statutory deadlines, the executive director must determine when absentee ballots for that county will be available. If a determination is made that absentee ballots will not be available in sufficient time to adequately effectuate absentee voting, the executive director is empowered to direct the county board of voter registration to provide the blank ballots provided by Section 7-15-360 until the normal ballots are available. The executive director must also notify the chairman of the county's legislative delegation of his findings and the action taken."
SECTION 3. Section 7-13-330 of the 1976 Code is amended to read:
"Section 7-13-330. The arrangement of general election ballots containing the names of candidates for office shall conform as nearly as possible to the following plan, with a column or columns added in case of nomination by petition and a blank column added for write-in votes, and shall contain the specified instructions there set forth and no other:
GENERAL ELECTION OFFICIAL BALLOT
No. ______ ____________ COUNTY, SOUTH CAROLINA
November ____, 19__
____________
Initials of Issuing Officer
OFFICIAL BALLOT
GENERAL ELECTION
____________ County, South Carolina
November ____, 19__
Precinct __________
INSTRUCTIONS--To vote a straight party ticket, make a cross (X) in the circle (O) under the name of your party. Nothing further need or should be done. To vote a mixed ticket, or in other words for candidates of different parties, omit making a cross (X) mark in the party circle at the top and make a cross (X) in the voting square [ ] opposite the name of each candidate on the ballot for whom you wish to vote. If you wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.
_______________________________________________________
Nomination by
Name of Party Name of Party Petition
Names of Office 0 0 0
_______________________________________________________
STATE Governor Governor Governor
Governor [ ] Name of [ ] Name of [ ] Name of
Candidate Candidate Candidate
_______________________________________________________
Lieutenant Lieut. Governor Lieut. Governor Lieut. Governor
Governor [ ] Name of [ ] Name of [ ] Name of
Candidate Candidate Candidate
_______________________________________________________
Secretary of Sec. of State Sec. of State Sec. of State
State [ ] Name of [ ] Name of [ ] Name of
Candidate Candidate Candidate
_______________________________________________________
CONGRESS- U.S. Senator U.S. Senator U.S. Senator
SIONAL [ ] Name of [ ] Name of [ ] Name of
Senator Candidate Candidate Candidate
_______________________________________________________
Representative U.S. Repre- U.S. Repre- U.S. Repre-
in Congress sentative sentative sentative
[ ]Name of [ ] Name of [ ] Name of
District Candidate Candidate Candidate"
_______________________________________________________
SECTION 4. Section 7-13-350 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-350. The nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission under this title for one or more of the offices, national, state, circuit, multi-county district, countywide, less than countywide, or municipal to be voted on in the general election, held on the first Tuesday following the first Monday in November, must be placed upon the appropriate ballot for the election as candidates nominated by the party by the authority charged by law with preparing the ballot if the names of the nominees are certified, in writing, by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, not later than twelve o'clock noon on September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday and for a special or municipal election, by at least twelve o'clock noon on the forty-fifth day prior to the date of holding the election, or if the forty-fifth day falls on Sunday, by twelve o'clock noon on the following Monday. Political parties nominating candidates by primary or convention must verify the qualifications of those candidates prior to certification to the authority charged by law with preparing the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or can meet, the qualifications for the office for which he has filed. Any candidate who does not, or cannot meet the qualifications for the office for which he has filed may not be nominated and certified and such candidate may not be placed on a general election ballot."
SECTION 5. Section 7-13-351 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-351. Any nominee by petition for one or more of the offices, national, state, circuit, multi-county district, countywide or less than countywide, to be voted on in the general election must be placed upon the appropriate ballot by the officer, commissioners, or other authority charged by law with preparing the ballot if the petition is submitted to the officer, commissioner, or other authority, as the case may be, for general elections held under Section 7-13-10, not later than twelve o'clock noon on August first July fifteenth or, if August first July fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday. At the time the petition is submitted, the authority charged with accepting it shall issue a receipt to the person submitting the petition which shall reflect the date it was submitted and the total number of signatures contained therein. The board of voter registration of each respective county shall check the petition at the request of the authority charged with printing the ballot for that office and shall certify the results to the authority not later than twelve o'clock noon September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday.
The petition of any candidate in any special election, including municipal special elections, must be submitted to the authority charged with printing the ballot for those offices not later than twelve o'clock noon, on the sixtieth day prior to the date of the holding of the election, or if the sixtieth day falls on Sunday, by not later than twelve o'clock noon on the following Monday. At the time a petition is submitted, the authority charged with accepting it must issue a receipt to the person submitting the petition which must reflect the date it was submitted and the total number of signatures contained therein. The board of voter registration of each respective county must check the petition at the request of the authority charged with printing of the ballots for that office and must certify the results thereof to the authority not later than twelve o'clock noon on the forty-fifth day prior to the date of holding the election, or if the forty-fifth day falls on Sunday, by twelve o'clock noon on the following Monday.
Once submitted for verification, a petition for nomination of a candidate for any office may not be returned to the petitioner, but must be retained by the authority to whom the petition was submitted and must become a part of the records of the election for which it was submitted. The authority to whom a petition is submitted must verify that qualifications of each potential petition candidate prior to certification of that candidate to be placed on the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or can meet the qualifications for the office for which the petition is submitted. Any candidate who does not or cannot meet the qualifications for the office sought may not be placed on the ballot.
In the event of an emergency declared by the Governor and the conditions precipitating the emergency declaration prevent a candidate from filing the nominating petition within the time required by this section, the candidate has an additional five days to submit the nominating petition to the appropriate office."
SECTION 6. Section 7-13-352 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-352. Any candidate for a nonpartisan office, multi-county district, countywide or less than countywide, including municipal offices, to be voted on at the time of the general election, who qualifies by statement of candidacy shall file the statement of candidacy with the authority responsible by law for conducting the election not later than twelve o'clock noon on September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday."
SECTION 7. Section 7-13-355 of the 1976 Code, as added by Act 131 of 1987, is amended to read:
"Section 7-13-355. No question may be submitted to the qualified electors in a referendum held at the time of a general election unless the question is submitted to the appropriate election commission to be placed on the ballot no later than 12:00 noon on September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than 12:00 noon on the following business day."
SECTION 8. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
Rep. FLEMING explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Brown, J. Brown, T. Campsen Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Hosey Jennings Keegan Kennedy Kirsh Knotts Koon Law Leach Limehouse Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker 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.
The following Bill was taken up:
H. 3873 (Word version) -- Reps. D. Smith, Robinson, Quinn, Kelley, Sharpe, McGee, Law, Edge, Harrison, Meacham-Richardson, Allison, Altman, Bailey, Barrett, Beck, Campsen, Cato, Chellis, Clyburn, Cotty, Davenport, Delleney, Easterday, Hamilton, Haskins, Hinson, Jennings, Koon, Leach, Limehouse, Littlejohn, Loftis, Mason, Rice, Rodgers, Sandifer, Simrill, J. Smith, R. Smith, Vaughn, Walker, Woodrum and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-70 SO AS TO PROVIDE THAT DURING ITS ANNUAL SESSION, EACH HOUSE OF THE GENERAL ASSEMBLY SHALL MEET ON TUESDAY AND WEDNESDAY OF EACH WEEK IN STATEWIDE SESSION AND ON THURSDAY AND FRIDAY OF EACH WEEK IN LOCAL SESSION.
Rep. HARRISON moved to recommit the Bill, which was agreed to.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, January 18, which was adopted:
S. 709 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-185, SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY LEAVE AN ESTABLISHMENT WITHOUT MAKING PAYMENT FOR GASOLINE THAT IS DISPENSED INTO A MOTOR VEHICLE; AND BY ADDING SECTION 56-1-292, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE FOR VIOLATIONS OF SECTION 16-13-185.
The following Bill was taken up:
S. 126 (Word version) -- Senators Passailaigue and Elliott: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WITHIN FIFTEEN DAYS OF THE RETURN OF A TRUE BILL OF AN INDICTMENT BY A GRAND JURY FOR A CRIME WHEREIN THE VICTIM WAS EXPOSED TO BLOOD OR VAGINAL OR SEMINAL OR OTHER BODY FLUIDS OR SECRETIONS OF THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER THE SOLICITOR SHALL MAKE A MOTION AND THE COURT SHALL ORDER THAT THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER SHALL BE TESTED FOR HEPATITIS B AND ALL SEXUALLY TRANSMITTED DISEASES INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV), THE VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND TO PROVIDE THAT THE RESULTS OF SUCH TESTING BE REVEALED ONLY TO THE VICTIM, THE VICTIM'S PARENT(S) OR LEGAL GUARDIAN(S) OR REPRESENTATIVE OR ATTORNEY UNTIL THE ALLEGED OFFENDER OR ALLEGED JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED.
Rep. JENNINGS explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Battle Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hines, J. Hines, M. Hinson Hosey Howard Jennings Kelley Kirsh Knotts Koon Law Leach Lee Limehouse Lloyd Lourie Lucas Mack Martin McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Parks Perry Phillips Rhoad Rice Riser Rodgers Rutherford Sandifer Scott Seithel Sheheen Simrill Smith, J. Stille Stuart Taylor Tripp Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Neal, J.H.
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3382 (Word version) -- Reps. Moody-Lawrence, Rutherford, Howard, W. McLeod, Canty, J. Hines, Gourdine, Mack, Whipper, F. Smith, Breeland, Cobb-Hunter, Ott, Martin, McGee, Clyburn, Inabinett, Lloyd, Kennedy, Cave, Wilkes, Jennings, T. Brown, Lee, McMahand, Pinckney, Harvin, M. Hines, Hayes and M. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345 SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS, TO PROVIDE FOR THE COURSE CONTENT, TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONDUCT A STUDY AND REPORT TO THE GENERAL ASSEMBLY ON DEVELOPING A SIMILAR COURSE FOR MEN.
Rep. CAMPSEN proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11470MM99):
Amend the bill, as and if amended, by deleting SECTION 1, Section 44-41-345, page 1, in its entirety and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 44-41-345. A female who qualifies for and receives TANF and who is pregnant, unmarried, and under eighteen years of age shall attend and complete a pregnancy prevention education course approved by the Department of Health and Environmental Control. The department must approve and offer to each person required to take a pregnancy prevention course, at least one course that provides an abstinence-only curriculum, and at least one course that offers instruction on birth control methods. Each approved course must also include education about sexually transmitted diseases. Courses of each type must be offered and conducted without charge by the several county health departments of this State. Health care professionals who are providing care to these females shall refer them to the appropriate county health department and inform them that attendance and completion of this course is a required component of their care." /
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Rep. J. BROWN moved to adjourn debate on the Bill until Tuesday, January 18, which was agreed to.
The following Bill was taken up:
S. 372 (Word version) -- Senators Anderson and Glover: A BILL TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT, SO AS TO EXEMPT CERTAIN OFFENSES WHICH PROHIBIT AN INDIVIDUAL FROM BEING EMPLOYED AS A DAY CARE WORKER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PSD\AMEND\7532AC99), which was adopted:
Amend the bill, as and if amended, Section 20-7-2725(A)(4), page 1, line 41, by deleting / fourth / and inserting / first / so when amended, Section 20-7-2725(A)(4) reads:
"(4) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment and the following conditions are met:
(a) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period;
(b) the person has not been convicted of and had no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and
(c) the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency.
A person who has been convicted of a first offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a day care center, group day care home, family day care home, or church or religious day care center.
If the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person's employment must be terminated;"
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Barfield Barrett Bowers Brown, G. Brown, J. Carnell Cato Chellis Cooper Davenport Edge Emory Frye Gilham Harvin Hayes Hines, M. Keegan Kelley Kirsh Knotts Koon Law McLeod, M. McLeod, W. Meacham-Richardson Miller Parks Rhoad Riser Robinson Rodgers Sandifer Scott Smith, D. Smith, R. Taylor Tripp Trotter Webb Whatley Wilder Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Cotty Easterday Gamble Hamilton Haskins Loftis Lourie Maddox McGee Neilson Rice Simrill Smith, J. Stille Stuart Vaughn
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Wednesday, January 19, which was adopted:
H. 3317 (Word version) -- Reps. Sharpe, Davenport, Witherspoon, R. Smith, Limehouse and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-85 SO AS TO ESTABLISH REQUIREMENTS THAT APPLY TO THE DISPLACEMENT OF A PRIVATE COMPANY PROVIDING COLLECTION SERVICES FOR SOLID WASTE OR RECOVERED MATERIALS OR BOTH.
Rep. TOWNSEND moved that the House do now adjourn, which was agreed to.
Rep. D. SMITH moved to reconsider the vote whereby H. 4267 was given a third reading and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4432 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. W. D. HARRINGTON OF CLARENDON COUNTY ON RECEIVING THE 1999 DISTINGUISHED SERVICE AWARD FROM THE SOUTH CAROLINA FARM BUREAU.
H. 4435 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, 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, Harrison, 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, 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 EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ONE OF KERSHAW COUNTY'S BEST KNOWN AND MOST WELL-RESPECTED PUBLIC SERVANTS AND DISTINGUISHED CITIZENS, AUSTIN MOSES SHEHEEN, SR., WHO PASSED AWAY ON WEDNESDAY, JANUARY 5, 2000.
At 11:20 a.m. the House in accordance with the motion of Rep. TOWNSEND adjourned to meet at 10:00 a.m. tomorrow.
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