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:
Give us the wisdom, Lord God, to see that which is not always in full view; to understand that which is in the minds of others; to know the difference between those who are stranded and those who want to hitchhike a free ride; to discern between those who need a lift and those who seek a handout; not to confuse loud talk with loyalty; or appearance with reality. Most of all, may our bowed heads here in prayer truly indicate our dependence upon God "from whence comes our help." 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. KIRSH moved that when the House adjourns, it adjourn in memory of Mrs. Betty Bailey, which was agreed to.
The following was introduced:
H. 4722 (Word version) -- Reps. Webb, 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, 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, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HEAD FOOTBALL COACH TOMMY BOWDEN OF CLEMSON UNIVERSITY, ON THE OCCASION OF BEING NAMED THE 1999 ACC COACH OF THE YEAR.
Whereas, the members of the General Assembly note with pride the remarkable accomplishment of Head Coach Tommy Bowden on being named the 1999 ACC Coach of the Year following his first year of coaching at Clemson University; and
Whereas, Tommy was born on July 10, 1954, in Birmingham, Alabama, and is the son of proud parents Bobby and Ann Bowden; and
Whereas, Coach Bowden is married to the former Linda Joan White, whom he first met when the two were in school together at Morgantown High in West Virginia. The couple has two children, Ryan, seventeen, a tight end on the Daniel High School team in Clemson, and Lauren, fourteen, also a student at Daniel; and
Whereas, when Tommy Bowden approached the 1999 season, he had one simple goal for his first Clemson team -- Improvement; and
Whereas, upstaged by his father once this season, Clemson Coach Tommy Bowden was able to turn the tables on dad. Tommy Bowden, age forty-five, was defeated by Bobby Bowden, age 70, in his father's 300th victory on October 23rd, but Tommy beat out dad for Coach of the Year in the Atlantic Coast Conference; and
Whereas, the younger Bowden, who went 6-5 to lead the Tigers to the Peach Bowl in his first season, received thirty-five of a possible sixty-eight votes cast by members of the Atlantic Coast Writers Association. Bobby Bowden's team went 11-0 and ranked No. 1 in the nation, but he came in second with twenty votes; and
Whereas, Coach Tommy Bowden took over a Clemson program that had gone 3-8 -- its worst mark since 1975 -- but was able to tie Georgia Tech and Virginia for second place in the ACC with a 5-3 league mark; and
Whereas, Clemson was the only team in the nation to play three undefeated teams and had only five home games in Death Valley. Still, the young and inexperienced Tigers were in every game; and
Whereas, the Clemson Tigers also made a four-game ACC win improvement in 1999. It is just the fifth time in ACC history that a team made that big of a league victory jump; and
Whereas, four of the Tiger's five losses in 1999 came by four points or less and three of the five losses came against the only undefeated teams in the nation -- Marshall, Virginia Tech, and Florida State. Two of the aforementioned teams, Florida State and Virginia Tech, clashed for the National Championship -- Florida State won; and
Whereas, Bowden Bowl I, the first-ever meeting between father and son head coaches in college football history, took place on October 23, 1999. Tommy faced his father Bobby's top ranked Florida State team in Death Valley in front of a national television audience. The Tigers lost a tough battle to the Seminoles, 17-14, the closest margin of victory for the top-ranked Seminoles; and
Whereas, making strong improvement in his first year with a program is nothing new for Tommy Bowden. In the two seasons he was the head coach at Tulane, Coach Bowden took a team that had been 4-18 in the two years previous to his arrival, and emotionally and numerically reversed the team's fortunes with an 18-4 record, posted an 11-1 conference mark, and finished the 1998 season ranked seventh in the nation by both polls. Tulane and Tennessee were the only undefeated teams in college football in 1998; and
Whereas, Coach Tommy Bowden's vision and competitiveness has not only produced numerous winning programs, but also the respect of his players, students, fellow coaches, and the dedicated fans of the Clemson Tigers; and
Whereas, the General Assembly, along with the citizens of the Palmetto State, are extremely proud of Coach Bowden, his assistant coaches, and, of course, the fine young athletes which comprise the Clemson Football Team; and
Whereas, it is appropriate for the members of the General Assembly to pause in their deliberations, so that they might recognize the extraordinary achievements of Head Coach Tommy Bowden in his premier season at the Tigers' helm and join Clemson fans in fevered anticipation of next year in Death Valley. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, offer their congratulations to Head Football Coach Tommy Bowden of Clemson University, on the occasion of being named the 1999 ACC Coach of the Year.
Be it further resolved that a copy of this resolution be presented to Coach Tommy Bowden.
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. 4723 (Word version) -- Reps. R. Smith, Clyburn, Sharpe and Perry: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY SO AS TO CHANGE THE NAME OF TOWN CREEK PRECINCT TO PINE FOREST PRECINCT.
On motion of Rep. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4724 (Word version) -- Reps. Allen, Bales, Cobb-Hunter, Neilson, Cotty, Sheheen, Wilkes, Lourie, Scott, Emory, J. M. Neal, Howard, Wilder, J. H. Neal, M. Hines, Harvin, Knotts, Whatley, Ott, Govan, Askins, Bailey, Barfield, Battle, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Canty, Carnell, Clyburn, Gourdine, Hayes, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Leach, Lloyd, Loftis, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Hosey, Parks, Phillips, Pinckney, Rhoad, Rutherford, J. Smith, Stille, Townsend, Webb, Whipper and Witherspoon: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH BY ADDING CHAPTER 130, ENACTING THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT, SO AS TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE YEARS WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL, TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM, AND TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM.
Referred to Committee on Ways and Means
H. 4725 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-205 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE ANNUAL FLU SHOTS TO "AT-RISK" STATE EMPLOYEES WHO QUALIFY FOR BENEFITS UNDER THE STATE INSURANCE PLAN AT NO COST TO THE EMPLOYEE, AND TO DEFINE "AT-RISK" FOR PURPOSES OF THIS PROVISION.
Referred to Committee on Ways and Means
H. 4726 (Word version) -- Rep. Koon: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN HUNTING LICENSES, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE A TEN-DAY NONRESIDENTIAL BIG GAME PERMIT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4727 (Word version) -- Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT STATE TAXES MAY NOT BE INCREASED AND NEW STATE TAXES MAY NOT BE IMPOSED EXCEPT UPON A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE STATE IN A REFERENDUM, TO LIMIT INCREASES IN STATE SPENDING TO THE INCREASE IN THE CONSUMER PRICE INDEX AND PROVIDE EXCEPTIONS, TO AUTHORIZE THE GOVERNOR TO DECLARE A FISCAL EMERGENCY THAT SUSPENDS THE LIMITATIONS IMPOSED BY THIS SECTION FOR THE DURATION OF THE EMERGENCY AND ESTABLISH HOW THE LIMITATIONS ARE REIMPOSED AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE IMPLEMENTATION OF THESE LIMITATIONS.
Referred to Committee on Ways and Means
H. 4728 (Word version) -- Reps. Campsen, Quinn, Easterday, Hamilton, Loftis, Lucas, Neilson and Robinson: A BILL TO ENACT THE SOUTH CAROLINA CAPITAL GAIN HOLDING PERIOD REFORM ACT BY AMENDING SECTION 12-6-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX DEDUCTION FOR A PORTION OF NET CAPITAL GAIN, SO AS TO ELIMINATE THE SEPARATE STATE HOLDING PERIOD OF TWO YEARS TO QUALIFY FOR THE DEDUCTION, REQUIRE THE HOLDING PERIOD FOR THE STATE DEDUCTION TO CONFORM TO THE FEDERAL HOLDING PERIOD FOR LONG-TERM CAPITAL GAIN, AND TO DELETE OBSOLETE LANGUAGE.
Referred to Committee on Ways and Means
H. 4729 (Word version) -- Reps. Easterday, Hamilton, W. McLeod, Rice and Seithel: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 IN ARTICLE III SO AS TO ESTABLISH A SEPARATE FUND IN THE STATE TREASURY STYLED THE TOBACCO TRUST FUND TO RECEIVE ALL REVENUES DUE THIS STATE UNDER THE TOBACCO MASTER SETTLEMENT AGREEMENT, TO PROVIDE THAT EARNINGS ON THIS ACCOUNT ARE RETAINED IN IT, AND TO PROVIDE THAT REVENUES IN THE FUND MAY BE APPROPRIATED BY THE GENERAL ASSEMBLY ONLY TO MEET COSTS INCURRED BY THE STATE IN THE TREATMENT OF SMOKING-RELATED DISEASES, FOR SMOKING CESSATION PROGRAMS, AND FOR YOUTH SMOKING PREVENTION PROGRAMS.
Referred to Committee on Ways and Means
H. 4730 (Word version) -- Reps. Rhoad, Sharpe, Seithel and Hayes: A BILL TO AMEND SECTION 47-4-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF PROVISIONS TITLE 47, SO AS TO CHANGE THE MAXIMUM PENALTIES FOR CERTAIN VIOLATIONS FROM A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN THAT AMOUNT AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT OR IMPRISONMENT FOR NOT MORE THAN THAT PERIOD OF TIME AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT; TO AMEND SECTION 47-11-90, AS AMENDED, RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE, SO AS TO DELETE PROVISIONS RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE FOR DAIRY AND BREEDING PURPOSES BEFORE THEY ARE REMOVED FROM A PUBLIC LIVESTOCK AUCTION MARKET AND PROVIDE THAT, WHEN CONSIDERED ADVISABLE BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION, ALL ANIMALS EXCEPT THOSE FOR IMMEDIATE SLAUGHTER MUST BE TESTED FOR BRUCELLOSIS BEFORE BEING REMOVED FROM STOCKYARDS OR OTHER PREMISES WHERE ANIMALS ARE HELD FOR SALE; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO HORSES ENTERING THE STATE BEING TESTED FOR EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE THAT THE HORSE MUST BE ACCOMPANIED BY AN OFFICIAL TEST CHART SHOWING THAT THE HORSE REACTED NEGATIVELY TO THE TEST WITHIN THE TWELVE MONTHS BEFORE ENTRY; TO AMEND SECTION 47-13-1390, AS AMENDED, RELATING TO FALSE COGGINS TEST CERTIFICATES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF HAVING A FALSE OR FORGED CERTIFICATE MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-13-1400, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF EQUINE INFECTIOUS ANEMIA TESTING REQUIREMENTS, SO AS TO PROVIDE THAT A PERSON VIOLATING THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 47, RELATING TO EQUINE INFECTIOUS ANEMIA, MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-15-10, RELATING TO THE DEFINITION OF "GARBAGE", SO AS TO STRIKE VEGETABLE WASTE FROM THE DEFINITION AND TO FURTHER PROVIDE THAT UNPASTEURIZED MILK AND UNPASTEURIZED MILK PRODUCTS ARE ANIMAL WASTE; TO AMEND SECTION 47-17-100, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-17-60, 47-17-70, AND 47-17-80 REGULATING MEAT AND MEAT FOOD PRACTICES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130, AND TO PROVIDE FURTHER PENALTIES IF A VIOLATION INVOLVES INTENT TO DEFRAUD OR DISTRIBUTION OF AN ADULTERATED ARTICLE; AND TO AMEND SECTION 47-19-120, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-19-70, 47-19-80, 47-19-90, 47-19-100, AND 47-19-110 REGULATING POULTRY PRODUCTS INSPECTION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4731 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFULLY SUPPLYING MINORS WITH TOBACCO, CIGARETTES, CIGARETTE PAPER, OR A SUBSTITUTE OF THESE ITEMS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY CONFISCATE AND DESTROY A TOBACCO OR CIGARETTE PRODUCT FOUND IN THE POSSESSION OF A PERSON UNDER EIGHTEEN YEARS OF AGE.
Referred to Committee on Judiciary
H. 4732 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 30-4-20 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE DEFINITION OF THE TERM "MEETING" IS A CORPORAL CONVENING OF THE MEMBERSHIP OF THE BODY AND TO DELETE CONVENING BY MEANS OF ELECTRONIC EQUIPMENT EXCEPT IN THE CASE OF A NATURAL OR DECLARED DISASTER.
Referred to Committee on Judiciary
S. 544 (Word version) -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Referred to Committee on Judiciary
S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington, Mescher and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The following was introduced:
H. 4733 (Word version) -- Reps. Govan, Breeland, Scott, Ott, Cobb-Hunter, Stuart, Sharpe, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, 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, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WALTER L. SALTERS, PH.D., OF ORANGEBURG COUNTY AND EXTENDING DEEPEST SYMPATHY TO HIS WIDOW, GRACE HEYWARD SALTERS, PH.D., DAUGHTER, OTHER FAMILY MEMBERS, AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Breeland Brown, H. Brown, J. Brown, T. Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Lloyd Loftis Lourie Mack McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.M. Neilson Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Taylor Townsend Trotter Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, March 2.
Elsie Stuart Harry Ott Bill Cotty George Campsen Daniel Tripp William Bowers Becky Martin Timothy Wilkes Harry Stille Harry Askins Shirley Hinson Bessie Moody-Lawrence H.B. "Chip" Limehouse Todd Rutherford J. Cordell Maddox Joseph Neal Grady Brown Marion Carnell Ralph Canty Clementa Pinckney Larry Koon Lynn Seithel James Lucas
LEAVE OF ABSENCE
The SPEAKER granted Rep. GILHAM a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. LUCAS a temporary leave of absence to attend a funeral.
Announcement was made that Dr. William Brannon of Columbia 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. 4682 (Word version)
Date: ADD:
03/02/00 W. MCLEOD
Bill Number: H. 3266 (Word version)
Date: ADD:
03/02/00 W. MCLEOD
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4716 (Word version) -- Reps. Altman, Campsen, Harrell and Limehouse: A BILL TO REQUIRE THE CHARLESTON COUNTY SCHOOL BOARD TO PROVIDE SUITABLE SPACE FOR VOTING PURPOSES, AT NO CHARGE, WHEN REQUESTED BY THE COUNTY OR STATE CHAIRMAN OF A CERTIFIED POLITICAL PARTY.
S. 1186 (Word version) -- Senators Matthews and Hutto: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE.
H. 4699 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF OCCUPATIONAL THERAPY, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, BOARD MEETINGS, LICENSURE, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4716 be read the third time tomorrow.
On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that S. 1186 be read the third time tomorrow.
On motion of Rep. PARKS, with unanimous consent, it was ordered that H. 4699 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 565 (Word version) -- Senators Setzler, Moore, Leatherman and Leventis: A BILL TO AMEND CHAPTER 5, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, BY ADDING SECTION 29-5-440 SO AS TO PROVIDE FOR THE RIGHT TO SUE ON A PAYMENT BOND, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, FOR THE AMOUNT, OR BALANCE, UNPAID AT THE TIME OF INSTITUTING THE SUIT AND TO PROSECUTE THE ACTION TO FINAL EXECUTION AND JUDGMENT FOR THE SUM OR SUMS JUSTLY DUE; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO THE PROVISIONS FOR BOND AND SECURITY AND CONSTRUCTION SERVICES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE CERTAIN PROVISIONS RELATIVE TO THE RIGHT TO INSTITUTE SUITS ON PAYMENT BONDS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; TO AMEND SECTION 57-5-1660, AS AMENDED, RELATING TO THE STATE HIGHWAY SYSTEM, CONSTRUCTION CONTRACTS AND PURCHASES, AND AMOUNTS OF AND ACTIONS ON CONTRACTORS' BONDS, SO AS TO DELETE CERTAIN PROVISIONS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-120 SO AS TO PROVIDE FOR THE PROVISIONS APPLICABLE TO THE INSTITUTION OF A SUIT WHEN THE STATE OR A COUNTY, A MUNICIPALITY, OR A POLITICAL SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPALITY CONTRACTS FOR CONSTRUCTION AND REQUIRES THE PERSON OR ENTITY PERFORMING THE WORK TO FURNISH A PAYMENT BOND, NOT GOVERNED BY CERTAIN OTHER PROVISIONS OF LAW, IN THE FULL AMOUNT OF THE CONTRACT FOR THE PROTECTION OF PERSONS WHO FURNISH LABOR OR MATERIAL TO THE CONTRACTOR OR HIS SUBCONTRACTORS FOR THE WORK SPECIFIED IN THE CONTRACT.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4378 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES; AND TO DELETE PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.
H. 4697 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS, LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, STANDARDS OF PRACTICE, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2377, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4698 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO EFFECT OF DISCIPLINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2465, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4700 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHARMACY, RELATING TO THE REPEAL OF REGULATIONS 99-1 THROUGH 99-42; TO AMEND REGULATION 99-15 TO REQUIRE PHARMACISTS TO DISPLAY ANNUAL RENEWAL CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2468, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4701 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO THE REQUIREMENTS FOR PERMANENT LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4702 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2437, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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, Emory and Whatley: 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 COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
The following Bill was taken up:
H. 4704 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-100 SO AS TO PROVIDE THAT FOR PURPOSES OF REGULATION OF FOOD PREPARATION AND SERVICE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO REGULATION 61-25, A SPECIAL EVENT INCLUDING COMMUNITY CELEBRATIONS, FESTIVALS, AND SPECIAL PROMOTIONS IS AN EVENT WHICH EXCEEDS FOUR DAYS.
Rep. COOPER moved to table the Bill, which was agreed to.
The following Bill was taken up:
H. 3914 (Word version) -- Reps. Cato, Hayes and Mason: A BILL TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND CANCELLATION OF INSURANCE CONTRACTS, SO AS TO PROVIDE FOR A PRO-RATA COMPUTATION OF THE GROSS UNEARNED PREMIUM TO BE RETURNED, AND PROVIDE THAT, IN THE EVENT A PREMIUM IS SUBJECT TO AN AUDIT TO DETERMINE THE FINAL PREMIUM AMOUNT, THE GROSS UNEARNED PREMIUM MUST BE CALCULATED UPON THE DEPOSIT PREMIUM AND THE INSURER SHALL RETURN TO THE PREMIUM SERVICE COMPANY, FOR THE INSURED'S ACCOUNT, THE GROSS UNEARNED PREMIUM BASED UPON THE DEPOSIT PREMIUM AMOUNT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11806AC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-39-90(e) as amended by Act 181 of 1993, is further amended to read:
"(e) Whenever an insurance contract is canceled, the insurer shall return whatever gross unearned premiums are due under the insurance contract to the premium service company which financed the premium for the account of the insured. The gross unearned premiums due on personal lines insurance contracts financed by premium service companies must be computed on a pro rata basis."
SECTION 2. This act takes effect on January 1, 2001./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP explained the amendment.
Rep. YOUNG-BRICKELL 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:
S. 1008 (Word version) -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELLED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Rep. HARRISON 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. 3553 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.
Rep. HARRISON 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. 4543 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 6-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO CLARIFY THAT FINANCIAL INFORMATION PROVIDED IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIPALITY IS CONFIDENTIAL BUT DOES NOT PROHIBIT THE SHARING OF DATA BETWEEN PUBLIC OFFICIALS AND EMPLOYEES, AND TO FURTHER PROVIDE THAT A PERSON IS SUBJECT TO CRIMINAL PENALTIES IF THE PERSON KNOWINGLY VIOLATES THIS SECTION.
Rep. YOUNG-BRICKELL 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. 3828 (Word version) -- Reps. Witherspoon, Sharpe and Hayes: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, SO AS TO ESTABLISH THE TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION AND FUND, AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH TOBACCO PRODUCT MANUFACTURERS; AND TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 126, SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO SETTLEMENT FOUNDATION AND FUND AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND THE DISTRIBUTION OF MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH THE TOBACCO PRODUCT MANUFACTURERS.
Rep. HARRELL raised the Point of Order that under Rule 4.4 the Bill directly appropriated money and should be referred to the Ways and Means Committee before being considered by the House.
SPEAKER WILKINS sustained the Point of Order and ordered that the Bill be sent to the Ways and Means Committee.
The following Bill was taken up:
H. 3741 (Word version) -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE THE AMOUNT OF THE BOND FROM A MINIMUM OF TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS AND A MAXIMUM OF FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND; TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS.
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. 3266 (Word version) -- Reps. D. Smith, J. Brown and W. McLeod: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH A VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
Rep. SHARPE 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. 3925 (Word version) -- Rep. Sharpe: A BILL TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS", TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, AND TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT AND PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION.
Rep. SHARPE 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. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON DEPARTMENT GUIDELINES AND TO PROVIDE AN EXCEPTION; AND TO PROVIDE PENALTIES.
Rep. WILKES 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. 4349 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.
Rep. BAILEY explained the Bill.
Rep. BAILEY moved to adjourn debate on the Bill until Tuesday, March 7, which was agreed to.
The following Concurrent Resolution was taken up:
H. 4578 (Word version) -- Reps. 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, 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, 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 REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTHERN CONNECTOR OF INTERSTATE 85 IN GREENVILLE COUNTY THE "BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR" AND ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
Whereas, Buck Mickel was one of South Carolina's and Greenville County's most distinguished business and civic leaders whose wealth of knowledge and experience acquired over the fifty years of his professional life and public service made him a trusted advisor and mentor to many business people and public servants throughout the county, State, and nation; and
Whereas, after serving in World War II as a United States Maritime Academy Midshipman and in the Korean War as a First Lieutenant in the Corps of Engineers, Mr. Mickel's remarkable business career began in 1948 with Daniel Construction Company, later acquired by the Fluor Corporation in Greenville, South Carolina. He took Daniel Construction Company from a regional player to a global construction giant with expertise in many markets. At the time Fluor became interested in acquiring Daniel in 1977, Fluor was principally a maker of industrial equipment for the petroleum industry. From this acquisition emerged Fluor Daniel, the principal subsidiary of the Fluor Company, an international engineering, construction, and diversified services company. Mr. Mickel retired from his executive positions with Fluor in March, 1987, but remained a director until his retirement in December, 1997. He passed away July 23, 1998; and
Whereas, Mr. Mickel received numerous awards and recognitions for his many contributions and achievements, including our state's highest honor, the "Order of the Palmetto", in 1977, and being named South Carolina's "Businessman of the Year" in 1983 by the South Carolina Chamber of Commerce; and
Whereas, Mr. Mickel was a respected civic and community leader who served as a Life Trustee of Clemson University, a trustee of Converse College, a trustee of Brookgreen Gardens, and a member of the Advisory Boards of the South Carolina Foundation of Independent Colleges; and
Whereas, it is fitting and proper that the Southern Connector, a sixteen mile, four lane freeway facility with five interchanges which begins at the I-385 and U.S. Route 276 split and extends south and west to existing Interstate 85 at its interchange with I-85, be designated the "Buck Mickel Memorial Southern Connector". This highway is an important addition to the transportation infrastructure of Greenville County and its booming economy and naming the Southern Connector in memory of Mr. Mickel will be a visible legacy of all his important contributions to the community. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly request that the Department of Transportation name the Southern Connector in Greenville County the "Buck Mickel Memorial Southern Connector" and erect appropriate signs or markers reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the family of Mr. Mickel and the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
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. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.
Rep. ROBINSON moved to recommit the Bill.
Rep. SCOTT moved to table the motion.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, T. Canty Clyburn Cobb-Hunter Cotty Delleney Emory Gourdine Govan Harris Harrison Harvin Haskins Hayes Hines, M. Hosey Howard Inabinett Jennings Kennedy Lloyd Lourie Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Pinckney Rhoad Rutherford Scott Sheheen Simrill Smith, F. Smith, J. Tripp Whatley Wilder Wilkes Woodrum
Those who voted in the negative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Easterday Edge Fleming Frye Gamble Hamilton Harrell Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Martin McKay Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Stuart Taylor Townsend Trotter Walker Webb Wilkins Witherspoon Young-Brickell
So, the motion to recommit the Bill was tabled.
Rep. J. SMITH proposed the following Amendment No. 13 (Doc Name COUNCIL\PSD\AMEND\7070SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, in SECTION 1, page (60-2), lines 7 and 8 by striking:
/ All general election days are legal holidays in addition to the above. / and inserting:
/ all general election days are legal holidays in addition to the above. /
Amend title to conform.
Rep. J. SMITH explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Frye Harrell Harris Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Loftis Martin McGee McLeod, W. Meacham-Richardson Perry Quinn Rice Riser Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Altman Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, T. Canty Clyburn Cobb-Hunter Delleney Emory Gamble Gourdine Govan Hamilton Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack Maddox McCraw McLeod, M. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Rhoad Robinson Rutherford Scott Sheheen Smith, F. Smith, J. Stuart Whipper Wilkes
So, the amendment was tabled.
Rep. YOUNG-BRICKELL proposed the following Amendment No. 20 (Doc Name COUNCIL\GJK\AMEND\21045SOM):
Amend the bill, as and if amended, in Section 53-5-10, as contained in SECTION 1, page (60-1), line 36, by inserting after / day, /
/the Monday after Mother's Day- South Carolina Mother's Day,/
Renumber sections to conform.
Amend title to conform.
Rep. MEACHAM-RICHARDSON moved to adjourn debate on the amendment, which was agreed to.
Rep. J. SMITH proposed the following Amendment No. 21 (Doc Name COUNCIL\GJK\AMEND\21052SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, page (60-2), line 8, as contained in SECTION 1, by inserting after / above ./
/State employees are granted administrative leave with pay for the time necessary to vote in a general election. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. SMITH explained the amendment.
The SPEAKER granted Rep. GOURDINE a leave of absence for the remainder of the day.
Rep. J. SMITH continued speaking.
Rep. COTTY spoke against the amendment.
Rep. COTTY moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Brown, T. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Frye Gamble Hamilton Harris Harrison Haskins Hawkins Hayes Huggins Keegan Kelley Kirsh Klauber Koon Lanford Law Leach Limehouse Loftis Martin McCraw McGee McLeod, W. Meacham-Richardson Ott Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Govan Harvin Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack Maddox McLeod, M. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Parks Pinckney Rhoad Rutherford Scott Seithel Sheheen Smith, F. Smith, J. Whipper Wilkes
So, the amendment was tabled.
Rep. J. SMITH proposed the following Amendment No. 22 (Doc Name COUNCIL\SKB\AMEND\18227SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, page [60-2], line 8, as contained in SECTION 1, by inserting after / above. /:
/ State employees are granted a maximum of two hours of administrative leave with pay for the purpose of voting in a general election. /
Amend title to conform.
Rep. J. SMITH moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 23 (Doc Name COUNCIL\PSD\AMEND\7078SOM00):
Amend the bill, as and if amended, Section 53-5-10, in SECTION 1, page (60-1), lines 33 and 34, by striking / Martin Luther King, Jr. Day / and inserting / Civil Rights Day /
Amend title to conform.
Rep. ROBINSON moved to adjourn debate on the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 24 (Doc Name COUNCIL\PSD\AMEND\7077SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, in SECTION 1, page (60-1), lines 33 and 34, by striking / Martin Luther King, Jr. Day / and inserting / Modjeska Simkins Day /
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Clyburn Cotty Dantzler Delleney Emory Gamble Govan Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kennedy Kirsh Klauber Knotts Koon Lanford Lee Limehouse Lloyd Lourie Mack Maddox McCraw McGee McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Phillips Pinckney Rhoad Rodgers Scott Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Webb Whatley Whipper Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Altman Barfield Cato Chellis Cooper Davenport Easterday Edge Fleming Frye Hamilton Harrell Hinson Huggins Kelley Law Leach Martin Quinn Rice Robinson Sandifer Trotter Young-Brickell
So, the amendment was tabled.
Rep. ROBINSON proposed the following Amendment No. 25 (Doc Name COUNCIL\PSD\AMEND\7084SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, in SECTION 1, page (60-1), lines 33 and 34, by striking / Martin Luther King, Jr. Day / and inserting / Ernest A. Finney, Jr. Day /
Amend title to conform.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 26 (Doc Name COUNCIL\PSD\AMEND\7083SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, in SECTION 1, page (60-1), lines 33 and 34, by striking / Martin Luther King, Jr. Day / and inserting / Jonathan Jasper Wright Day /
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. ALTMAN proposed the following Amendment No. 27 (Doc Name COUNCIL\GJK\AMEND\21059SOM00):
Amend the bill, as and if amended, in Section 53-5-10, as contained in SECTION 1, page (60-1), by inserting after /Day,/ on line 35, /the fourth Monday of February - South Carolina Employees Appreciation Day, /
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN moved to adjourn debate on the amendment.
Rep. J. SMITH moved to table the motion, which was rejected.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. HINSON proposed the following Amendment No. 30 (Doc Name COUNCIL\GGS\AMEND\22540CM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, as contained in SECTION 1, by deleting / the fifteenth day of January / on line 28, page 1 and inserting:
/ the Saturday closest to his birthday /.
Amend title to conform.
Rep. HINSON explained the amendment.
Rep. J. SMITH moved to table the amendment.
Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Cotty Delleney Emory Govan Harris Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kennedy Lee Lloyd Lourie Mack Maddox McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rhoad Rutherford Scott Seithel Sheheen Smith, J. Stille Tripp Webb Whipper Wilder
Those who voted in the negative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Easterday Edge Frye Gamble Hamilton Harrell Hawkins Hinson Huggins Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Martin Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Stuart Taylor Townsend Trotter Walker Whatley Wilkins Woodrum Young-Brickell
So, the amendment was tabled.
Rep. ROBINSON proposed the following Amendment No. 31 (Doc Name COUNCIL\GJK\AMEND\21051SOM00):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 53-5-10 of the 1976 Code is amended to read:
"Section 53-5-10. The first day of January - New Year's Day, the fifteenth day third Monday of January - Martin Luther King, Jr. Day, the nineteenth day of January, the third Monday in February - George Washington's Birthday/President's Day, the tenth day of May - Confederate Memorial Day, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.
State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.
All general election days are legal holidays in addition to the above.
The holiday schedules of public colleges and universities including technical colleges shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded."/
SECTION 2. The 1976 Code is amended by adding:
"Section 53-5-15. No monument, marker, painting, sculpture, memorial, street, highway, bridge, or park located on public property of the State or its political subdivisions which honors the memory of the Confederacy or individuals who served in the Confederate Army, Navy, or Marine Corps or the Women of the Confederacy or which honors the memory of the civil rights struggle or individuals who participated in the civil rights struggle may be removed or renamed without two-thirds vote of each house of the General Assembly."
SECTION 3. When the Confederate Battle Flag is flown it perpetuates the memory of our ancestors and honors the heroism they exhibited in many battles during the horrific conflict known as the War Between the States.
The Confederate Battle Flag is not a racist banner per se. South Carolina deplores and condemns the misuse of this banner for political or racial purposes. The Confederate Battle Flag is a military banner, which was used by Southern troops in combat.
South Carolina displays the Confederate Battle Flag, with honor, as a symbol of our heritage. It is not flown in defiance of any government or as a statement regarding any civil rights, constitutional, or racial issues.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON moved to adjourn debate on the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 32 (Doc Name COUNCIL\GJK\AMEND\21046SOM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 53-5-10 of the 1976 Code is amended to read:
"Section 53-5-10. The first day of January - New Year's Day, the fifteenth day third Monday of January - Martin Luther King, Jr. Day, the nineteenth day of January, the third Monday in February - George Washington's Birthday/President's Day, the tenth day of May - Confederate Memorial Day, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.
State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.
All general election days are legal holidays in addition to the above.
The holiday schedules of public colleges and universities including technical colleges shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded."
SECTION 2. The 1976 Code is amended by adding:
"Section 53-5-15. No monument, marker, painting, sculpture, memorial, street, highway, bridge, or park located on public property of the State or its political subdivisions which honors the memory of the Confederacy or individuals who served in the Confederate Army, Navy, or Marine Corps or the Women of the Confederacy or which honors the memory of the civil rights struggle or individuals who participated in the civil rights struggle may be removed or renamed without two-thirds vote of each house of the General Assembly."
SECTION 3. When the Confederate Battle Flag is flown it perpetuates the memory of our ancestors and honors the heroism they exhibited in many battles during the horrific conflict known as the War Between the States.
The Confederate Battle Flag is not a racist banner per se. South Carolina deplores and condemns the misuse of this banner for political or racial purposes. The Confederate Battle Flag is a military banner, which was used by Southern troops in combat.
South Carolina displays the Confederate Battle Flag, with honor, as a symbol of our heritage. It is not flown in defiance of any government or as a statement regarding any civil rights, constitutional, or racial issues.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON moved to adjourn debate on the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 39 (Doc Name COUNCIL\GJK\AMEND\21046SOM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 53-5-10 of the 1976 Code is amended to read:
"Section 53-5-10. The first day of January - New Year's Day, the fifteenth day third Monday of January - Civil Rights Day, the nineteenth day of January, the third Monday in February - George Washington's Birthday/President's Day, the tenth day of May - Confederate Memorial Day, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.
State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.
All general election days are legal holidays in addition to the above.
The holiday schedules of public colleges and universities including technical colleges shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded."
SECTION 2. The 1976 Code is amended by adding:
"Section 53-5-15. No monument, marker, painting, sculpture, memorial, street, highway, bridge, or park located on public property of the State or its political subdivisions which honors the memory of the Confederacy or individuals who served in the Confederate Army, Navy, or Marine Corps or the Women of the Confederacy or which honors the memory of the civil rights struggle or individuals who participated in the civil rights struggle may be removed or renamed without two-thirds vote of each house of the General Assembly."
SECTION 3. When the Confederate Battle Flag is flown it perpetuates the memory of our ancestors and honors the heroism they exhibited in many battles during the horrific conflict known as the War Between the States.
The Confederate Battle Flag is not a racist banner per se. South Carolina deplores and condemns the misuse of this banner for political or racial purposes. The Confederate Battle Flag is a military banner, which was used by Southern troops in combat.
South Carolina displays the Confederate Battle Flag, with honor, as a symbol of our heritage. It is not flown in defiance of any government or as a statement regarding any civil rights, constitutional, or racial issues.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. F. SMITH raised the Point of Order that Amendment No. 39 was out of order in that it was not germane under Rule 9.3.
Rep. ROBINSON argued contra.
Rep. PINCKNEY stated that Section 1 was germane to the Bill in that it dealt with legal holidays, but Sections 2 and 3 were not germane in that they dealt with Confederate monuments and the Confederate Battle Flag.
Rep. JENNINGS argued that the amendment was not germane to the Bill.
Rep. COBB-HUNTER argued that the amendment was not germane to the Bill.
Rep. KNOTTS stated that the amendment was germane to the Bill in that it dealt with holidays, monuments and the flag which all had historical significance to the State.
SPEAKER WILKINS stated that under Rule 9.3 the amendment was germane to the Bill and he overruled the Point of Order.
Rep. F. SMITH moved to divide the question.
Rep. ALTMAN moved to table the motion.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Frye Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Martin McGee Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack Maddox McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rhoad Rutherford Scott Sheheen Smith, F. Smith, J. Tripp Whipper Wilder Wilkes
So, the motion to divide the question was tabled.
Rep. COBB-HUNTER spoke against the amendment.
Rep. SCOTT moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Cotty Delleney Emory Govan Harris Harrison Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rhoad Rutherford Scott Sheheen Smith, F. Smith, J. Tripp Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Easterday Edge Fleming Frye Gamble Hamilton Harrell Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Martin McCraw McGee Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Easterday Edge Fleming Frye Gamble Hamilton Harrell Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Martin McCraw McGee Meacham-Richardson Neilson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Cotty Delleney Emory Govan Harris Harrison Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rhoad Rutherford Scott Sheheen Smith, F. Smith, J. Wilder Wilkes
So, the amendment was adopted.
Rep. HARRISON moved to recommit the Bill.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Brown, T. Cato Chellis Cooper Dantzler Delleney Easterday Edge Fleming Frye Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Martin McCraw McGee Meacham-Richardson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Smith, D. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Campsen Canty Carnell Clyburn Cobb-Hunter Cotty Davenport Emory Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rutherford Scott Seithel Simrill Smith, F. Smith, J. Stille Wilder Wilkes
So, the Bill was recommitted.
Rep. SCOTT moved that the House do now adjourn, which was agreed to.
At 12:00 noon the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Mrs. Betty Bailey, to meet at 10:00 a.m. tomorrow.
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