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:
O Lord God, we come into Your presence to acknowledge our dependence upon You and out of our desire to ask Your blessings. We ask for wisdom enough for every decision. Give us the revelation of Yourself in such full measure that we may be as a mighty army whose armor is Your truth and whose sword is the power of God, against which the darts of the evil one cannot prevail. And teach us to know the world's greatest tranquilizer is the consciousness of work well done. To You, Father God, we give our praise and 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. H. BROWN moved that when the House adjourns, it adjourn in memory of Mattie "Tootsie" Gatlin of Hanahan, which was agreed to.
Rep. HARRELL moved that when the House adjourns today that it adjourn to meet in local session on Friday, March 10, 2000, and to convene at 11:00 a.m., Monday, March 13, 2000, in statewide session, which was agreed to.
The Senate sent to the House the following:
S. 1227 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MISS KRISTA SHIRLEY OF LEXINGTON COUNTY AND A SENIOR AT LEXINGTON HIGH SCHOOL, WHO HAS RECEIVED THE BRONZE MEDALLION AS A DISTINGUISHED FINALIST FOR THE YEAR 2000 IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS, A NATIONWIDE PROGRAM HONORING YOUNG PEOPLE FOR OUTSTANDING ACTS OF VOLUNTEERISM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 4754 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TANNING FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2431, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
The following was introduced:
H. 4755 (Word version) -- Reps. Whipper, F. Smith, Rutherford, Breeland, J. Brown, T. Brown, Canty, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Hosey, Howard, Inabinett, Kennedy, Lee, Lloyd, Mack, McMahand, Moody-Lawrence, J. H. Neal, Parks, Pinckney and Scott: A HOUSE RESOLUTION TO RECOGNIZE, COMMEND, HONOR, AND EXPRESS THE GRATITUDE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND ESPECIALLY THE HOUSE MEMBERS OF THE LEGISLATIVE BLACK CAUCUS, TO CHIEF JUSTICE ERNEST A. FINNEY, JR., ONE OF THE FOUNDERS AND THE FIRST CHAIRMAN OF THE LEGISLATIVE BLACK CAUCUS, AND AN EXTRAORDINARILY TALENTED LEGAL PRACTITIONER AND JURIST, FRIEND, NEIGHBOR, AND STATESMAN, FOR HIS YEARS OF DEDICATED SERVICE, PERSONAL SACRIFICE, AND SPECIAL ROLE HE HAS PLAYED IN THE LIVES OF ALL SOUTH CAROLINIANS, AND ESPECIALLY THOSE OF AFRICAN DESCENT, UPON HIS RETIREMENT FROM SERVICE IN THE JUDICIARY, AND TO WISH HIM A RETIREMENT THAT IS EQUALLY REWARDING AND BENEFICIAL TO HIM AND THE CITIZENS OF THE STATE.
Whereas, Ernest A. Finney, Jr., was born and reared in the South at a time of extremely challenging vicissitudes for persons of African descent; and
Whereas, Ernest A. Finney, Jr., was blessed at an early age with a firm belief in his own self-worth and his God through the loving guidance of his parents, the late Ernest A. and Collen Godwin Finney; and
Whereas, Ernest A. Finney, Jr., yearned, learned, persevered, and performed in outstanding fashion as a secondary school student, an undergraduate, and law student in the public schools of Washington, D.C. and South Carolina, Clafin College of South Carolina, and South Carolina State College School of Law; and
Whereas, he maintained his desire to be a professional who could make a difference in the lives of his neighbors and his State; and
Whereas, he began his law career in the epochal year of 1954 and willingly placed his training and skills in the arsenal for equality under the law; and
Whereas, Chief Justice Finney was elected to the House of Representatives in 1972. While in the House of Representatives he founded the Legislative Back Caucus and served as its first chairman. He was elected to the Circuit Court for the Third Judicial Circuit in 1976, to the South Carolina Supreme Court in 1985, and took the position of Chief Justice of the South Carolina Supreme Court in 1994 in an election by acclamation; and
Whereas, throughout his legal career, Chief Justice Finney has continued the legacy of honorable, committed, and visionary service by the elected and appointed officials of this State. He is a remarkably selfless and humble public servant and an example to all the citizens of South Carolina that through determination, hard work, and a consistent dedication to a goal, everyone has the potential to achieve and succeed. Chief Justice Finney summed up his legacy in his final address to the General Assembly when he said with humility that his legacy should be no more nor any less than the personal assessment of his own career by the late United States Supreme Court Justice Thurgood Marshall who simply said, "I did the best I could with what I had." Now, therefore,
Be it resolved by the members of the House of Representatives, and especially the House members of the Legislative Black Caucus, that they recognize, commend, honor, and express their gratitude to Chief Justice Ernest A. Finney, Jr., one of the founders and the first chairman of the Legislative Black Caucus, and an extraordinarily talented legal practitioner and jurist, friend, neighbor, and statesman, for his years of dedicated service, personal sacrifice, and the special role he has played in the lives of all South Carolinians, and especially those of African descent, upon his retirement from service in the judiciary, and they wish him a retirement that is equally rewarding and beneficial to him and the citizens of the State.
Be it further resolved that a copy of this resolution be presented to Chief Justice Ernest A. Finney, Jr., his lovely wife, Frances, and his family.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barfield Barrett Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Dantzler Delleney Easterday Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Tripp Trotter Walker Webb Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, March 9.
Doug Smith Ronald Townsend James Battle Woodrow McKay Michael Whatley Gilda Cobb-Hunter Steve Lanford Clementa Pinckney Tracy Edge Chip Huggins Timothy Wilkes Douglas Jennings Bessie Moody-Lawrence Chuck Allen Joseph Neal Bill Cotty Jerry Govan Ralph Davenport George Bailey H.B. "Chip" Limehouse John Hawkins
LEAVE OF ABSENCE
The SPEAKER granted Rep. ASKINS a leave of absence for the day due to illness.
The SPEAKER granted Rep. G. BROWN a leave of absence for the remainder of the day.
Reps. HOWARD, KOON, BAILEY and HARRIS signed a statement with the Clerk that they came in after the roll call of the House and was present for the Session on Wednesday, March 8.
Announcement was made that Dr. John B. DuBose of Camden 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. 4459 (Word version)
Date: ADD:
03/09/00 RODGERS
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3266 (Word version) -- Reps. D. Smith, J. Brown, W. McLeod and Miller: 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.
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.
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.
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.
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.
Rep. SHARPE moved to adjourn debate upon the following Bill, which was adopted:
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.
The following Bill was taken up:
H. 4491 (Word version) -- Reps. Campsen, Edge, Wilkins, Allison, Altman, Barfield, Barrett, Beck, Cato, Cotty, Delleney, Easterday, Frye, Gilham, Hamilton, Harris, Harrison, Haskins, Huggins, Jennings, Leach, Limehouse, Loftis, Lucas, McGee, Meacham-Richardson, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, D. Smith, Stille, Tripp, Vaughn, Witherspoon, Kelley and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18238SOM00), which was adopted:
Amend the bill, as and if amended, in SECTION 1, page 1, line 33, by adding after / vessel / the following:
/ in this State or to any United States or foreign documented vessel /
so that when amended SECTION 1 shall read:
/ SECTION 1. This act may be cited as the "Gambling Cruise Prohibition Act". It is the intent of the General Assembly in enacting this act to reenforce long-standing prohibitions on gambling by reiterating that the gambling offenses provided under the Constitution and laws of this State extend to any United States or foreign documented vessel in this State or to any United States or foreign documented vessel where voyages begin and end in the waters of this State, consistent with the standards specified in 15 U.S.C. 1175(b)(2)(A), commonly referred to as the Johnson Act Amendments of 1992. It is the purpose of this act clearly and unequivocally to prohibit gambling activities on so-called "cruises to nowhere" as provided in 15 U.S.C. 1175. The passage of this act should in no way be construed or interpreted to mean that existing laws prohibiting gambling in this State do not apply to the so-called "cruises to nowhere" described in this act. /
Amend further by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Chapter 19, Title 16 of the 1976 Code is amended by adding:
"Section 16-19-170. (A) As used in this section:
(1)(a) 'Vessel' means a boat, ship, casino boat, watercraft, or barge, of United States or foreign documentation, kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this State, and whether it is anchored, berthed, lying to, or navigating and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within this State.
(b) 'Vessel' includes a boat, ship, watercraft, or barge without gambling devices that transports persons to another vessel for the purpose of gambling if the transportation begins and ends in this State and neither the vessel providing such transportation nor the vessel on which the repair or use of any gambling device occurs makes an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or blackjack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(B) It is unlawful for a person to repair or use any gambling device on a vessel in this State.
(C)(1) It is unlawful for a person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:
(a) the voyage or segment begins and ends in this State; and
(b) during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
(2) It is unlawful for a person to operate a vessel as defined in subsection (A)(1)(b).
(D) A person who violates either subsection (B) or (C)(1) or (2) is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than twenty-five thousand dollars, or both, for each offense. Nothing in this section precludes prosecution for any other applicable gambling offense." /
Amend further by striking SECTION 4 in its entirety and inserting:
/ SECTION 4. This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Rep. KLAUBER proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\21101SD00):
Amend the bill, as and if amended, in Section 16-19-170 of the 1976 Code as contained in SECTION 2, page 4491-2, by adding a new subitem (c) to subsection (A)(1) to read:
/(c) The term 'vessel' as used above and for purposes of this section does not include a commercial passenger vessel having berth or stateroom accommodations for more than five hundred passengers on a voyage which extends over one or more nights regardless of its beginning and ending locations./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. KLAUBER spoke in favor of the amendment.
Rep. LIMEHOUSE spoke in favor of the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. LIMEHOUSE spoke in favor of the amendment.
Rep. EDGE spoke against the amendment.
Rep. J. SMITH spoke in favor of the amendment.
Rep. SHEHEEN objected to the Bill.
Rep. WHIPPER requested debate on the Bill.
Rep. RUTHERFORD spoke in favor of the amendment.
Reps. HARRISON, HAWKINS, HASKINS, R. SMITH, LUCAS, EASTERDAY, RISER, LEACH, LOFTIS, KNOTTS, RUTHERFORD, WITHERSPOON, KENNEDY, LOURIE, KLAUBER, J. BROWN, J. H. NEAL, BALES, HAYES, CLYBURN, EMORY, WILKES, HOSEY, MACK and J. HINES requested debate on the Bill.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4499 (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 THAT PORTION OF THE EXISTING SIDEWALK LOCATED BETWEEN W. R. GRACE AND CO. CRYOVAC DIVISION TO HIGHLAND DRIVE IN DUNCAN, SOUTH CAROLINA, THE "HUBERT E. JONES" SIDEWALK, AND INSTALL AN APPROPRIATE MARKER OR SIGN ALONG THE SIDEWALK IN HONOR OF MR. HUBERT E. JONES WHO WAS A LOYAL EMPLOYEE OF THE CRYOVAC DIVISION FOR THIRTY-FIVE YEARS AND WHO WALKED TO AND FROM HIS WORK ALONG THIS ROUTE ON A DAILY BASIS AND WHO, THUS, WALKED OVER FIFTEEN THOUSAND MILES DURING HIS CAREER.
Ordered for consideration tomorrow.
The following was introduced:
H. 4756 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 601 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 IN ORANGEBURG COUNTY IN HONOR OF DR. M. MACEO NANCE, JR., PRESIDENT EMERITUS OF SOUTH CAROLINA STATE UNIVERSITY, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4757 (Word version) -- Reps. Huggins, Riser and Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE HI-STEPPER DANCE TEAM OF IRMO HIGH SCHOOL ON WINNING NATIONAL CHAMPIONSHIP HONORS AT THE UNITED STATES DANCE AND DRILL TEAM COMPETITION AT UNIVERSAL STUDIOS IN ORLANDO, FLORIDA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4758 (Word version) -- Reps. M. McLeod, Harvin, G. Brown, Canty, Woodrum and J. H. Neal: A CONCURRENT RESOLUTION CONGRATULATING WILSON HALL OF SUMTER COUNTY ON WINNING THE SCISAA 3A BOYS STATE BASKETBALL CHAMPIONSHIP ON MARCH 4, 2000, AT THE SUMTER COUNTY EXHIBITION CENTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4759 (Word version) -- Reps. Parks, Allison, Bowers, Breeland, J. Brown, Canty, Cato, Clyburn, Cobb-Hunter, Davenport, Frye, Gilham, Hayes, M. Hines, Hosey, Inabinett, Klauber, Lee, Littlejohn, Lloyd, Lourie, Maddox, W. McLeod, Miller, Moody-Lawrence, Rodgers, Scott, F. Smith, Stille, Taylor and Whipper: A JOINT RESOLUTION TO EXTEND THROUGH JULY 1, 2001, THE DATE FOR FILING A CLAIM FOR REFUND OF SOUTH CAROLINA INDIVIDUAL INCOME TAX PAID ON RETIREMENT INCOME RECEIVED BY A TAXPAYER IN TAXABLE YEARS 1994 THROUGH 1997 WHO CLAIMED NO RETIREMENT INCOME DEDUCTION IN THOSE YEARS OR WHO FAILED TO EXERCISE THE RETIREMENT INCOME ELECTION THEN APPLICABLE.
Referred to Committee on Ways and Means
H. 4760 (Word version) -- Reps. Kirsh, Meacham-Richardson and Simrill: A BILL TO AMEND ARTICLE 3, CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING SECTION 9-1-295 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD MAY INVESTIGATE AND DETERMINE IF A CURRENT OR PREVIOUSLY EMPLOYED PUBLIC OFFICIAL OR EMPLOYEE WHO HAS BEEN CONVICTED OF AN OFFENSE INVOLVING EMBEZZLEMENT OR THE FRAUDULENT APPROPRIATION OF PUBLIC FUNDS HAS USED ANY OF THE FUNDS TO ESTABLISH SERVICE CREDIT IN THE RETIREMENT SYSTEM, TO PROVIDE FOR A HEARING, FINAL DETERMINATION, THE REFUND OF THE MONIES TO THE PUBLIC AGENCY FROM WHICH THEY WERE EMBEZZLED OR FRAUDULENTLY APPROPRIATED, AND THE RECALCULATION OF SERVICE CREDIT AND RETIREMENT BENEFITS WITHOUT THE CONTRIBUTION OF EMBEZZLED FUNDS IF THE BOARD SO ORDERS, AND TO PROVIDE THAT SUCH A DETERMINATION MAY BE CONSIDERED A CONTESTED CASE UNDER THE ADMINISTRATIVE PROCEDURES ACT.
Referred to Committee on Ways and Means
H. 4761 (Word version) -- Reps. Seithel, Robinson, J. Brown, Easterday, Littlejohn, Simrill, Stuart and Woodrum: A BILL TO AMEND CHAPTER 30, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOBACCO ECONOMY, BY ADDING ARTICLE 5 SO AS TO ESTABLISH A HEALTH CARE TRUST FUND, SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND, INTO WHICH MUST BE DEPOSITED THE MONIES FROM THE SETTLEMENT OF THE LAWSUIT AGAINST TOBACCO COMPANIES BY THE STATE OF SOUTH CAROLINA, INCLUDING INCOME FROM THE INVESTMENT OF THOSE MONIES; TO PROVIDE THAT THE TRUST FUND REMAIN INVIOLATE AND NEVER BE EXPENDED, WITH CERTAIN EXCEPTIONS; TO ESTABLISH A HEALTH CARE EXPENDABLE FUND INTO WHICH MUST BE TRANSFERRED ANNUALLY CERTAIN MONIES FROM THE HEALTH CARE TRUST FUND; TO PROVIDE THAT THE MONIES IN THE HEALTH CARE EXPENDABLE FUND BE AVAILABLE FOR APPROPRIATION BY THE GENERAL ASSEMBLY, AND BE EXPENDED EXCLUSIVELY FOR HEALTH CARE PURPOSES; TO ESTABLISH A BOARD OF DIRECTORS TO MANAGE THE HEALTH CARE TRUST FUND AND THE HEALTH CARE EXPENDABLE FUND, TO PROVIDE FOR ITS MEMBERSHIP AND ITS POWERS AND DUTIES, TO PROVIDE THAT THE BOARD INVEST THE MONIES IN THE FUNDS IN ANY OF THE INVESTMENTS AUTHORIZED FOR INVESTMENT BY THE STATE OF SOUTH CAROLINA, AND TO PROVIDE FOR RELATED POWERS AND DUTIES OF THE BOARD.
Referred to Committee on Ways and Means
H. 4762 (Word version) -- Reps. Seithel, Harvin, Maddox, Battle, Miller, Rodgers, Simrill and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO DEFINE AND PROHIBIT THE PRACTICE OF PUSH-POLLING.
Referred to Committee on Judiciary
H. 4763 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ACQUIRE SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO SCHOOL DISTRICT OPERATIONS, TO ALLOW THIS ACQUISITION BY MEANS OF A FINANCING AGREEMENT, AND TO PROVIDE THAT FOR PURPOSES OF THE PROVISIONS OF LAW RESTRICTING THE USE OF FINANCING AGREEMENTS BY A GOVERNMENTAL ENTITY TO ACQUIRE REAL PROPERTY THAT THE MARION COUNTY BOARD OF EDUCATION IS NOT A "GOVERNMENTAL ENTITY" SUBJECT TO THE RESTRICTIONS.
Referred to Committee on Education and Public Works
The following Bills were taken up, read the second time, and ordered to a third reading:
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. WILKES explained the Bill.
S. 936 (Word version) -- Senators Cork and Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO ADD SUN CITY 2 AND SUN CITY 3 TO THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE NEW PRECINCTS ARE DELINEATED.
Rep. PINCKNEY explained the Bill.
On motion of Rep. WILKES, with unanimous consent, it was ordered that H. 3741 be read the third time tomorrow.
On motion of Rep. PINCKNEY, with unanimous consent, it was ordered that S. 936 be read the third time tomorrow.
The following Bill was taken up:
H. 4383 (Word version) -- Reps. Quinn, Gilham and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING CERTAIN ACTS RELATED TO DENTAL TREATMENTS IN THE OPERATION OF A DENTAL OFFICE OR PRACTICE AND TO PROVIDE PENALTIES, AND BY ADDING SECTION 40-15-83, SO AS TO REQUIRE DENTISTS TO MAINTAIN PATIENT RECORDS FOR AT LEAST FIVE YEARS AFTER WHICH THEY MAY BE DESTROYED.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11849AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 40-15-135. (A) Only a dentist licensed pursuant to this chapter may control the use of dental equipment or material while the equipment or material is being used to provide dental services in a dental office, whether those services are provided by a dentist, a dental hygienist, a dental assistant, or a dental auxiliary.
(B) No person other than a dentist, licensed pursuant to this chapter may exercise control over:
(1) the selection of a course of treatment of a patient, the procedures or materials to be used as part of the course of treatment, or the manner in which the course of treatment is carried out by the licensee;
(2) the patient records of a dentist. However, if the dentist is employed by a corporation or another dentist, the corporation or employing dentist is responsible for keeping the records for a period of five years and the practicing dentist shall have access to those records;
(3) nothing in this section precludes an insurer or health maintenance organization from requiring pre-certification or authorization in regard to reimbursement for courses of treatment performed.
(C) A lease agreement, rental agreement, or other arrangement for the provision of dental equipment or dental materials in a dental office entered into by a licensed dentist with a person who is not a licensed dentist shall contain a provision whereby the dentist expressly maintains complete care, custody, and control of the equipment or material.
(D) This section does not, in any manner, affect the operation of an accredited teaching institution, a nonprofit dental clinic operated solely for the benefit of poor and indigent persons, or a state or federal operating clinic.
SECTION 2. The 1976 Code is amended by adding:
"Section 40-15-83. (A) Dentists shall retain their patient records for at least five years. These minimum recordkeeping periods begin to run from the last date of treatment. After these minimum recordkeeping periods, the records may be destroyed. If a dentist is employed by a corporation or another dentist, the corporation or employing dentist is responsible for maintaining the patient records for a period of five years. The practicing dentist shall have access to these patient records during that period. However, a dentist who works in a nonprofit dental clinic operated solely for the benefit of poor and indigent persons is not required to maintain records for patients seen in that setting. The owner or operator of a nonprofit dental clinic, for at least five years, shall retain patient records for persons treated at the clinic.
(B) A clinic, corporation, or dentist violating subsection (A) is subject to a civil penalty, to be imposed by the board, of up to ten thousand dollars for each violation."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 4383 be read the third time tomorrow.
On motion of Rep. PERRY, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 4751 (Word version) -- Reps. Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL ACTIVITY OF MEMBERS OF LOCAL ELECTION COMMISSIONS, SO AS TO CLARIFY THAT A PERSON MAY PARTICIPATE ONLY IN THE POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN OVER WHICH THE PERSON HAS NO JURISDICTION.
Rep. SHEHEEN asked unanimous consent to recall H. 4709 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SHARPE objected.
Rep. RUTHERFORD, with unanimous consent, withdrew his request for debate on the following Joint Resolution:
S. 1108 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO SETTLEMENT BY AGREEMENT AND FINAL RELEASE AND RELATING TO REPORTING ATTORNEYS' FEES FOR APPROVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Veto on the following Act was taken up:
(R244) H. 4635 (Word version) -- Reps. Webb, Rice, Robinson and Trotter: AN ACT TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN THE SCHOOL DISTRICT OF PICKENS 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. WEBB explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Rice Robinson Trotter Webb
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
H. 4470 (Word version) -- Reps. Cato, Battle, J. Brown, Cobb-Hunter, Harrison, Kirsh, Knotts, Leach, McCraw, Meacham-Richardson, Miller, Riser, Rodgers, Sandifer, R. Smith, Taylor, Walker, Bowers, Edge, Koon, McKay, Tripp, T. Brown and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.
H. 4657 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-135 SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS OF TRUSTEES ARE ENCOURAGED TO DEVELOP POLICIES ADDRESSING CHARACTER EDUCATION; TO PROVIDE FOR THE MANNER IN WHICH THESE POLICIES SHALL BE DEVELOPED, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FURNISH ASSISTANCE TO SCHOOL DISTRICTS IN THIS REGARD.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 1108 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO SETTLEMENT BY AGREEMENT AND FINAL RELEASE AND RELATING TO REPORTING ATTORNEYS' FEES FOR APPROVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 924 (Word version) -- Senators Setzler, Moore, Mescher, Saleeby, Thomas, Giese, Courson, Short, Bauer, O'Dell, Alexander, Land, Washington, Elliott, Holland, Reese, Leatherman, Passailaigue, Hayes, McConnell, Leventis, Rankin and Glover: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED ON EITHER SEPTEMBER 14, 15, 16, OR 17, 1999, BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO HURRICANE FLOYD ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The motion period was dispensed with on motion of Rep. WEBB.
The following Bill was taken up:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
Rep. KIRSH moved to adjourn debate on the Bill until Thursday, March 23.
Rep. HARRISON moved to table the motion, which was agreed to by a division vote of 34 to 24.
Reps. KIRSH and MILLER proposed the following Amendment No. 10 (Doc Name COUNCIL\PSD\AMEND\7076SOM00), which was tabled:
Amend the bill, as and if amended, Section 5-1-40, in SECTION 2, page 3, by striking lines 16-18 and inserting:
/ fifty qualified electors thereof and fifteen twenty-five percent of the freeholders qualified electors who reside within the proposed municipality." /
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. SEITHEL moved to table the amendment.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bowers Brown, H. Brown, J. Campsen Canty Chellis Clyburn Cobb-Hunter Dantzler Easterday Edge Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harris Harrison Haskins Hines, J. Hinson Hosey Howard Huggins Inabinett Jennings Klauber Knotts Koon Lanford Law Leach Lee Lloyd Lourie Lucas Martin McGee Neal, J.H. Neilson Parks Rhoad Riser Robinson Rodgers Rutherford Scott Seithel Smith, J. Smith, R. Stuart Taylor Townsend Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Battle Breeland Cato Davenport Delleney Emory Harvin Keegan Kirsh Limehouse Littlejohn Loftis McCraw McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Ott Perry Phillips Rice Sandifer Sharpe Sheheen Simrill Smith, F. Stille Tripp Walker Webb
So, the amendment was tabled.
Reps. KIRSH and MILLER proposed the following Amendment No. 11 (Doc Name COUNCIL\PSD\AMEND\7073SOM00), which was adopted:
Amend the bill, as and if amended, Section 5-1-30(A)(4), in SECTION 1, page 2, by striking lines 5-15 and inserting:
/ Contiguity is not destroyed by an intervening marshland located in the tidal flow or an intervening publicly-owned waterway; however, the marshland or waterway may not lie within the corporate limits of another municipality. The incorporation of a marshland located in the tidal flow or a publicly-owned waterway precludes that marshland or publicly-owned waterway from subsequently being used by any other municipality to establish contiguity for purposes of incorporation. /
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. SEITHEL spoke against the amendment.
Rep. SEITHEL moved to table the amendment.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Breeland Brown, H. Brown, J. Campsen Chellis Cotty Dantzler Gamble Harrell Harrison Hinson Inabinett Jennings Keegan Knotts Koon Mack McGee Parks Riser Rutherford Seithel Stuart Witherspoon Woodrum
Those who voted in the negative are:
Allison Barfield Barrett Battle Carnell Cato Davenport Delleney Edge Emory Fleming Frye Gilham Gourdine Govan Hamilton Harris Harvin Haskins Hawkins Hines, J. Hines, M. Hosey Huggins Kelley Kennedy Kirsh Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin McCraw McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Perry Phillips Quinn Rhoad Rice Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, J. Smith, R. Stille Taylor Tripp Walker Webb Whatley Wilder Wilkes Wilkins
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. KEEGAN proposed the following Amendment No. 12 (Doc Name COUNCIL\PT\AMEND\1906DW00), which was ruled out of order:
Amend the bill, as and if amended, page 3, by adding immediately after line 40:
/ Section 5-3-23. Annexations, under the provisions of this chapter, are not allowed which condition the provision of any municipal services including, but not limited to, water, sewer, or electrical services to an individual upon his agreement to be annexed into the municipality. /
Section 5-3-24. The charge or fee imposed or assessed by a municipality for utility services provided to persons residing outside the corporate limits of a municipality must be supported by the actual cost incurred by the municipality to provide utility services to those residents.
Section 5-3-27. Municipalities that contract for utility services to residents living outside the corporate limits of a municipality without providing the service itself may only charge rates charged by the actual provider of the service. Price increases may be effective only when supported by actual additional costs incurred by the provider.
Section 5-3-28. Utility rates for services charged residents living outside the corporate limits of a municipality must reflect the benefit incurred by residents of that municipality receiving the same service. /
Renumber sections to conform.
Amend title to conform.
Rep. KEEGAN explained the amendment.
Rep. J. SMITH raised the Point of Order that Amendment No. 12 was out of order in that it was not germane to the Bill.
Rep. KEEGAN argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bowers Brown, H. Brown, J. Brown, T. Campsen Canty Carnell Cato Chellis Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Huggins Inabinett Jennings Keegan Kelley Klauber Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack McCraw McGee McLeod, M. McLeod, W. McMahand Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sheheen Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Kirsh Meacham-Richardson Sharpe Simrill
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. FLEMING moved that the House do now adjourn, which was agreed to.
At 11:45 a.m. the House, in accordance with the motion of Rep. H. BROWN, adjourned in memory of Mattie "Tootsie" Gatlin of Hanahan, to meet at 10:00 a.m. tomorrow.
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