Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Almighty and eternal God, we pause in the midst of demanding duties and pressing problems to show our dependence upon You, to render our praise for Your blessings, and to open our minds that light from above may shine upon our paths that we shall walk. When the way is difficult and the outcome uncertain, give us the assurance of Your help. Keep open our ears to hear Your voice, recorded in Isaiah 4:10: "Be not dismayed; I am your God; I will strengthen you; yea, I will uphold you with the right hand of My righteousness." Keep us in Your care always. 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 Floyd Melton Farley of Hanahan, which was agreed to.
The following was received:
Columbia, S.C., April 11, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 95:
S. 95 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 934 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Rankin and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4467 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES, INCLUDING AMONG OTHER THINGS THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION, LICENSURE, FINANCIAL RESPONSIBILITY, AND ANNUAL REPORTS; PROVIDING FOR PERIODIC INSPECTIONS AND EXAMINATIONS OF THE COMPANY'S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 721 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FUNDING THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE FOR THE MANNER OF ASSESSING SELF-INSUREDS AND INSURANCE CARRIERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 437 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PERMIT, RATHER THAN REQUIRE, THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS PRESCRIBING THE PARAMETERS OF THE CONTINUING EDUCATION REQUIREMENTS AND CHANGE THE COMPOSITION OF THE ADVISORY COMMITTEE; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE FACILITY'S GOVERNING BOARD; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-77-580 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE THE REPEAL OF THIS SECTION AS SCHEDULED FOR JANUARY 1, 2006; TO AMEND SECTION 38-91-130, RELATING TO THE ADVISORY BOARD FOR THE JOINT UNDERWRITING ASSOCIATION FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, SO AS TO CHANGE THE METHOD OF CHOOSING BOARD MEMBERS AND PROVIDE FOR RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-91-130 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE (1) THE PROVISION IN SECTION 20(B) OF ACT 154 OF 1997 THAT STATES THAT CHAPTER 91 OF TITLE 38 SHALL CEASE TO BE OF ANY FORCE OR EFFECT AFTER FEBRUARY 28, 2003 OR (2) ANY OTHER PROVISION CONTAINED IN SECTION 20(B) OF ACT 154 OF 1997; AND TO REPEAL SECTION 38-77-585, RELATING TO ADDITIONAL GOVERNING BOARD MEMBERS OF THE REINSURANCE FACILITY, UPON THE EFFECTIVE DATE OF THIS ACT NOTWITHSTANDING THE PROVISIONS OF SECTION 30 OF ACT 154 OF 1997 REGARDING THE REPEAL OF ARTICLE 5, CHAPTER 77 OF TITLE 38 ON JANUARY 1, 2006.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4651 (Word version) -- Reps. Witherspoon, Altman, Askins, Barfield, Barrett, Battle, Bowers, G. Brown, Carnell, Cato, Cooper, Dantzler, Davenport, Edge, Harrison, Hawkins, Hayes, J. Hines, Inabinett, Keegan, Kennedy, Klauber, Koon, Lanford, Lee, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, McCraw, W. McLeod, McMahand, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Sandifer, Sharpe, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Whatley, Wilkes, Allen, Chellis, Haskins, Kirsh, Leach, Meacham-Richardson, Miller, Moody-Lawrence, Parks, Rodgers, Simrill and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO ENACT "THE FAIR PRACTICES OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS ACT" TO PROVIDE FOR THE PRACTICES OF MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT, INCLUDING SPECIFICATION AND PROHIBITION OF CERTAIN UNFAIR ACTS OF TRADE AND COMPETITION, AND TO PROVIDE FOR JURISDICTION, VENUE, STATUTE OF LIMITATIONS, PRIMA FACIE EVIDENCE, AND LEGAL AND EQUITABLE REMEDIES FOR ACTIONS ARISING OUT OF A VIOLATION OF ITS PROVISIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4617 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4767 (Word version) -- Rep. Haskins: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 6-9-120, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 (BUILDING CODES), SO AS TO EXEMPT LANDSCAPE IRRIGATION SYSTEMS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 304 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, AND THE STATE BOARD OF MEDICAL EXAMINERS, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF DIETETICS; TO ESTABLISH THE COMMITTEE OF DIETETICS AS AN ADVISORY COMMITTEE TO THE BOARD AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH FEES; AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 4801 (Word version) -- Reps. Breeland, Lourie, Askins, Bailey, Battle, G. Brown, T. Brown, Carnell, Clyburn, Dantzler, Davenport, Gilham, Gourdine, Govan, Hamilton, Harris, Harrison, J. Hines, M. Hines, Hosey, Inabinett, Kennedy, Law, Leach, Lloyd, Mack, McGee, McMahand, Miller, Moody-Lawrence, J. H. Neal, Parks, Phillips, Quinn, Riser, Rodgers, Scott, F. Smith, Whipper, Wilder and Young-Brickell: A BILL TO AMEND SECTION 25-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND, SO AS TO ELIMINATE THEIR FUNCTION OF SERVING AS AN ADVISORY COMMITTEE TO THE VETERANS' AFFAIRS DIVISION; AND TO AMEND SECTION 25-21-30, RELATING TO THE DUTIES OF THE BOARD OF TRUSTEES AND SECTION 25-21-40, RELATING TO THE DISBURSEMENT OF FUNDS FROM THE VETERANS' TRUST FUND, BOTH SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES IS AUTHORIZED TO DECIDE HOW MONIES IN THE FUND MUST BE DISBURSED.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 4802 (Word version) -- Reps. Breeland, J. Brown, Clyburn, Davenport, Fleming, Hayes, J. Hines, Howard, Keegan, Kelley, Lee, Lloyd, Mack, Maddox, Moody-Lawrence, Parks, Pinckney, Rodgers, Rutherford, Scott, Simrill, J. Smith and Whatley: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4555 (Word version) -- Reps. J. Smith and Walker: A BILL TO AMEND SECTION 20-7-9710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO ADD THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4616 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
S. 1220 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2452, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4404 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 53 SO AS TO PROVIDE FOR THE ISSUANCE OF NORMANDY INVASION SURVIVORS SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Knotts, Meacham-Richardson, Knotts, Seithel, Whipper and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4670 (Word version) -- Reps. Stille, Barrett, Hamilton and Littlejohn: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60 RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
S. 1234 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 59-101-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE COLLEGES AND UNIVERSITIES OF THIS STATE; SECTION 59-101-185, RELATING TO GOVERNING BOARDS OF SPECIFIED STATE INSTITUTIONS OF HIGHER LEARNING AUTHORIZED TO MAINTAIN FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEMS; SECTION 59-107-10, RELATING TO THE DEFINITION OF STATE INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ISSUING STATE INSTITUTION BONDS; AND SECTION 59-112-10, RELATING TO THE DEFINITION OF STATE POST-SECONDARY INSTITUTIONS FOR PURPOSES OF DETERMINING RATES OF TUITION AND FEES, SO AS TO INCLUDE COASTAL CAROLINA UNIVERSITY WITHIN THESE DEFINITIONS AND LISTINGS, AND TO UPDATE THE NAMES OF OTHER INSTITUTIONS.
Ordered for consideration tomorrow.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4914 (Word version) -- Reps. Huggins and Rhoad: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO ALL SPORTS COACH DICK WELDON, FORMERLY OF BAMBERG, SOUTH CAROLINA, AND NOW A RESIDENT OF LEXINGTON COUNTY, ON THURSDAY, APRIL 13, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR HIS OUTSTANDING CONTRIBUTIONS AND ACCOMPLISHMENTS DURING HIS CAREER AS A FOOTBALL, BASKETBALL, AND BASEBALL COACH.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to All Sports Coach Dick Weldon, formerly of Bamberg, South Carolina, and now a resident of Lexington County, on Thursday, April 13, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and commended for his outstanding contributions and accomplishments during his career as a football, basketball, and baseball coach.
The Resolution was adopted.
The following was introduced:
H. 4915 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION JOINING THE FRIENDS AND FAMILY OF THE REVEREND RENA G. THOMPSON, A NATIVE OF COLUMBIA AND RESIDENT OF PHILADELPHIA, IN THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF HER ORDINATION INTO THE MINISTRY AND HER FIFTY YEARS OF SERVICE IN AND THROUGH JESUS CHRIST.
The Resolution was adopted.
The following was introduced:
H. 4916 (Word version) -- Reps. Carnell, Klauber, Parks, Taylor, Wilder, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, 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, 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, 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, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. WILLIAM C. (BILL) MORAN FOR HIS OUTSTANDING, DEDICATED SERVICE AS PRESIDENT OF LANDER UNIVERSITY, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. BAILEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4917 (Word version) -- Rep. Bailey: A HOUSE RESOLUTION GRANTING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES, ON A DATE AND AT A TIME AS DETERMINED BY THE SPEAKER, TO THE DORCHESTER ACADEMY FOOTBALL TEAM, COACHES, SUPPORT PERSONNEL, AND SCHOOL OFFICIALS FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1999 SCISAA CLASS AAA STATE FOOTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be, and hereby is, granted to the Dorchester Academy football team, coaches, support personnel, and school officials, on a date and at a time to be determined by the Speaker, for the purpose of being recognized for winning the 1999 SCISAA Class AAA state football championship.
The Resolution was adopted.
The following Bill was presented to the Desk:
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; AND TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS, SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE STATE FLAG MAY BE FLOWN FROM THE STAFF OF THE STATE HOUSE AND IN THE ROSTRUMS IN THE CHAMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES, AND TO PROHIBIT OTHER FLAGS FROM BEING DISPLAYED IN CERTAIN PUBLIC AREAS OR BUILDINGS AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THIS SECTION.
Rep. CATO raised the Point of Order that the Bill was out of order under House Rule 4.4 in that no committee shall introduce a Bill pertaining to subject matter over which it has no jurisdiction.
Rep. SCOTT argued that the Bill was in order under Rule 4.2 (5) in that the Committee on Medical, Military, Public and Municipal Affairs deals with matters concerning medical affairs, social security, penitentiary, state hospital, police regulations, military affairs and veteran's affairs. He stated that the Bill clearly dealt with public affairs and veteran's affairs.
Rep. HOWARD argued that the Bill dealt with a public affairs issue.
Rep. PINCKNEY argued that the Bill was in order under Rule 4.4 in that the Bill had the approval of two-thirds of the membership of the Medical, Military, Public and Municipal Affairs Committee. He stated that under Rule 4.2, the committees are not limited to the issues that they deal with.
Rep. COBB-HUNTER argued that the Bill was in order in that the Bill dealt with military and public affairs which both fall under the jurisdiction of the Medical, Military, Public and Municipal Affairs Committee.
Rep. COOPER argued that if the Speaker determined that the Bill came under the subject matter of public affairs that would mean that every Bill would have to originate or be referred to that committee because every issue considered by the House was a public affair.
Rep. M. HINES argued contra.
Rep. J. SMITH argued that the Bill was within the jurisdiction of the Medical, Military, Public and Municipal Affairs Committee.
Rep. MACK argued that in the past, health related Bills had been referred to committees other than the Medical, Military, Public and Municipal Affairs Committee due to the fact that a subcommittee was better qualified to handle them.
Rep. HOSEY argued contra.
Rep. LOURIE asked the Speaker to use his discretion as Speaker of the House and allow the Bill to be introduced.
Rep. GOVAN argued that the confederate flag is a military object and meets the definitions and standards to be a Committee Bill.
Rep. MOODY-LAWRENCE argued that in accordance with the definition of municipal, the Bill was in order.
Rep. QUINN argued that if the Bill was allowed to be introduced, the entire committee structure of the House would be called into question.
Rep. EASTERDAY argued that under Section 618 (1) of Mason's Manual standing committees may introduce Bills within their general scope and under Rule 4.2, the Education Committee has the jurisdiction over the subject matter of the Bill.
Rep. FLEMING argued that under Section 618 (2) of Mason's Manual a Bill which has been introduced by a committee is not required to be referred to a committee for further consideration, but the Speaker could refer the Bill to the appropriate committee.
Rep. WHIPPER argued that the Bill was in order.
Rep. D. SMITH argued that the Bill had not been through the appropriate committee process and was not within the jurisdiction of the Medical, Military, Public and Municipal Affairs Committee.
Rep. INABINETT argued that the original 1962 legislation that placed the flag atop the capitol clearly was not referred to any committee, but was a Resolution.
Rep. TROTTER argued that the Bill was out of order.
SPEAKER WILKINS stated that the Point of Order raised a difficult question, but as the Speaker it was his duty to enforce the Rules of the House regardless of his personal opinions. He stated that there were two precedents - one from 1973 and another from 1955 where former Speakers had ruled Committee Bills out of order because the committee lacked jurisdiction. He stated further that the Bill in question dealt with the Confederate Flag and its presence on the State House grounds and that committees often have concurrent jurisdiction over an issue. However, he stated that House Rule 4.4 prohibited a committee from introducing a Bill over which it has no jurisdiction, and that the Rules of the House were adopted to provide organization and order for the House. He stated that to allow a committee to introduce legislation over which it did not have jurisdiction would lead to a legislative process without rules, without order, and without continuity. He concluded that the Medical, Military, Public and Municipal Affairs Committee did not have jurisdiction over the issue contained in the Bill and he sustained the Point of Order and ruled the Bill out of order.
Rep. PINCKNEY appealed the Ruling of the CHAIR, and the SPEAKER called the SPEAKER PRO TEMPORE to the Chair to act as the Presiding Officer.
Rep. QUINN moved to table the appeal.
Rep. YOUNG-BRICKELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bales Barfield Barrett Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McKay McLeod, W. McMahand Meacham-Richardson Miller Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Bowers Breeland Brown, G. Brown, J. Clyburn Cobb-Hunter Emory Gourdine Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lloyd Lourie Mack Maddox McLeod, M. Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rutherford Scott Smith, J. Whipper
So, the appeal of the Ruling of the Chair was tabled.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4900 (Word version) -- Reps. Hayes, Battle, Hinson, Miller, Robinson, Stille and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE.
Referred to Committee on Education and Public Works
H. 4901 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTIONS 12-10-20, 12-10-30, AS AMENDED, 12-10-50, AS AMENDED, 12-10-60, AS AMENDED, 12-10-80, AS AMENDED, 12-10-81, AND 12-10-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO DEFINE "JOB DEVELOPMENT CREDIT", "PRELIMINARY REVITALIZATION AGREEMENT", "REVITALIZATION AGREEMENT", AND "QUALIFYING EXPENDITURES", TO PROVIDE FOR DETERMINATION OF CREDITS WHEN A REVITALIZATION AGREEMENT IS AMENDED, TO REQUIRE CERTIFICATION BY THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT THAT THE MINIMUM EMPLOYMENT AND CAPITAL INVESTMENT LEVELS ARE MET, TO REQUIRE TEN NEW FULL-TIME JOBS WITHIN FIVE YEARS OF THE AGREEMENT, TO PROVIDE FOR A CLAIM OF LESS THAN TEN THOUSAND DOLLARS IN A CALENDAR YEAR, TO PROVIDE FOR THE DESIGNATION OF THE COUNTY IN WHICH THE PROJECT IS LOCATED, TO TOLL THE STATUTE OF LIMITATIONS AS TO WITHHOLDING TAXES DURING THE FIVE-YEAR PERIOD, TO PROVIDE THAT THE QUALIFYING JOB MUST BE CREATED IN THIS STATE, TO PROVIDE FOR AN EXTENSION OF THE AUDIT REPORT FILING FOR GOOD CAUSE, TO INCREASE THE GROSS WAGES AMOUNT USED TO DETERMINE THE MAXIMUM CREDIT CLAIMED, AND TO CHANGE THE DATE FOR SELECTION OF QUALIFYING BUSINESSES AND APPROVAL OF REVITALIZATION AGREEMENTS FROM MARCH 1 TO MAY 15 OF EACH YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO INCLUDE CERTAIN MACHINES NECESSARY TO COMPLY WITH FEDERAL REGULATIONS FOR PREVENTION OR ABATEMENT OF POLLUTION.
Referred to Committee on Ways and Means
H. 4902 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES, SO AS TO INCLUDE THE DWELLING HOUSE OF A PERMANENTLY AND TOTALLY DISABLED VETERAN IF THE VETERAN OR HIS QUALIFYING SURVIVING SPOUSE FILES A CERTIFICATE OF DISABILITY WITH THE DEPARTMENT OF REVENUE; TO DEFINE "DWELLING HOUSE" FOR PURPOSES OF THAT EXEMPTION AS THE DOMICILE OF THE QUALIFYING PERSON AND TO INCLUDE THE DWELLING HOUSE HELD IN TRUST FOR A BENEFICIARY WHO WOULD QUALIFY OTHERWISE FOR THE EXEMPTION AND WHO USES THE DWELLING HOUSE AS HIS DOMICILE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR TAXATION, BY ALLOWING A MANUFACTURER WHO USES A CLASS 100 OR BETTER CLEAN ROOM AN ANNUAL DEPRECIATION ALLOWANCE OF TEN PERCENT INSTEAD OF ALLOWANCES TO WHICH IT OTHERWISE WOULD BE ENTITLED; TO REPEAL SECTIONS 12-43-280 AND 12-43-290 RELATING TO THE LIMITATION ON THE INCREASE IN AD VALOREM TAX AS A RESULT OF EQUALIZATION AND REASSESSMENT; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 12-44-130, BOTH RELATING TO THE MINIMUM INVESTMENT REQUIRED FOR QUALIFICATION FOR PAYMENT OF A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DELETE SPECIFIC REFERENCES TO THE MINIMUM AMOUNT OF FIVE MILLION DOLLARS; TO AMEND CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES AND USE TAX, BY ADDING SECTION 4-10-67 SO AS TO PROVIDE FOR THE DEPOSIT AND DISTRIBUTION OF LOCAL OPTION USE TAX FUNDS COLLECTED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-37-2810, AS AMENDED, RELATING TO DEFINITION OF "MOTOR CARRIER" SO AS TO INCLUDE CERTAIN FARM VEHICLES; TO AMEND SECTION 12-37-2840, AS AMENDED, RELATING TO PROPERTY TAX RETURNS OF MOTOR CARRIERS, SO AS TO PROVIDE FOR PAYMENT OR APPEAL OF A PROPOSED ASSESSMENT ISSUED FOR FAILURE TO TIMELY FILE A RETURN OR PAY A TAX DUE; TO AMEND CHAPTER 37 OF TITLE 12, RELATING TO ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION 12-37-2842 SO AS TO PROVIDE FOR REGISTRATION AND FILING BY MOTOR CARRIERS AND TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO INFORM A MOTOR CARRIER OF REGISTRATION AND FILING REQUIREMENTS OF THE DEPARTMENT OF REVENUE AND TO SUPPLY FORMS; AND TO REPEAL SECTION 12-37-2845, RELATING TO PENALTIES FOR FAILURE OF A MOTOR CARRIER TO FILE A RETURN AND PAY TAX DUE.
Referred to Committee on Ways and Means
H. 4903 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES OR FEES, SO AS TO DISTINGUISH BETWEEN A TAX AND A PENALTY NOT ASSOCIATED WITH ASSESSMENT OF A TAX AND TO PROVIDE FOR THE DETERMINATION AND ASSESSMENT OF CERTAIN TAXES AND FOR A CLAIM FOR REFUND RESULTING FROM AN ADJUSTMENT BY THE INTERNAL REVENUE SERVICE BEFORE ONE HUNDRED EIGHTY DAYS OF NOTICE OF THE ADJUSTMENT TO THE DEPARTMENT.
Referred to Committee on Ways and Means
H. 4904 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO PROVIDE FOR SIGNATURE BY THE MANAGER OR AUTHORIZED GENERAL PARTNER OF A PARTNERSHIP RETURN AND FOR SIGNATURE BY AN AUTHORIZED OFFICER OR OWNER OF AN ENTITY OTHER THAN A CORPORATION, PARTNERSHIP, OR TRUST AND ESTATE, AND TO PROVIDE FOR OTHER AUTHORIZATIONS FOR SIGNING, INCLUDING FILING AND DEPOSITING SIGNATURES WITH AND KEEPING OR FORWARDING SIGNATURES BY A THIRD PARTY; BY ADDING SECTION 12-4-780 TO CHAPTER 4, TITLE 12 SO AS TO PROVIDE FOR PAYMENTS TO THE DEPARTMENT OF REVENUE BY CREDIT CARD; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO PERSONS AND ENTITIES REQUIRED TO MAKE A STATE INCOME TAX RETURN, SO AS TO INCLUDE AN INDIVIDUAL WHOSE FEDERAL FILING STATUS IS MARRIED, FILING SEPARATELY, AND WHOSE SPOUSE DOES NOT ITEMIZE DEDUCTIONS AMONG THOSE WHO MUST FILE IF THEY HAVE A GROSS INCOME OF A CERTAIN SUM, WITHOUT REGARD TO ANY REDUCTION FOR THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-8-550, RELATING TO WITHHOLDING OF PAYMENTS MADE TO A NONRESIDENT, SO AS TO EXEMPT PAYMENTS MADE ON PURCHASE ORDERS FOR TANGIBLE PERSONAL PROPERTY WHEN NOT ACCOMPANIED BY SERVICES PERFORMED IN THIS STATE; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING INCOME TAX BY THE BUYER OF REAL PROPERTY OR ASSOCIATED TANGIBLE PERSONAL PROPERTY FROM A NONRESIDENT SELLER, SO AS TO EXCLUDE THE SALE OF A PRINCIPAL RESIDENCE FROM THE DESCRIPTION OF A "SALE"; TO AMEND SECTION 12-10-35, AS AMENDED, RELATING TO MORATORIUM ON STATE CORPORATE INCOME TAXES FOR JOB CREATION, SO AS TO PROVIDE FOR CALCULATION OF THE STATE AVERAGE UNEMPLOYMENT RATE BASED ON THE TWO MOST RECENT CALENDAR YEARS OF AVAILABLE DATA INSTEAD OF THE LAST TWO COMPLETED CALENDAR YEARS; TO AMEND CHAPTER 6, TITLE 12, RELATING TO THE SOUTH CAROLINA INCOME TAX ACT, BY ADDING SECTION 12-6-5095 SO AS TO PROVIDE FOR THE ROUNDING TO THE NEAREST WHOLE DOLLAR OF AMOUNTS OF FILED RETURNS; TO AMEND SECTION 12-36-550, RELATING TO THE DURATION OF VALIDITY OF A RETAIL SALES LICENSE, SO AS TO PROVIDE FOR DETERMINING IF A RETAILER IS CONTINUING IN THE SAME BUSINESS; TO AMEND SECTION 12-36-2670, RELATING TO ADMINISTRATION OF OATHS AND TAKING ACKNOWLEDGEMENTS IN CONNECTION WITH TAX RETURNS OR REPORTS, SO AS TO CHANGE REFERENCES FROM "COMMISSIONERS" AND "COMMISSION" TO "DIRECTOR" AND "DEPARTMENT"; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO DELETE CERTAIN EFFECTIVE DATES; TO AMEND SECTION 12-44-160, RELATING TO LIBERAL CONSTRUCTION OF CHAPTER 44, THE "FEE IN LIEU TAX SIMPLIFICATION ACT OF 1997", SO AS TO PROVIDE FOR A PROCEDURE FOR QUALIFICATION OF ECONOMIC DEVELOPMENT PROPERTY FOR PAYMENT OF A FEE IN LIEU OF TAXES PURSUANT TO CHAPTER 12 OF TITLE 4 OR SECTION 4-29-67 IF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT IS DETERMINED TO BE UNCONSTITUTIONAL OR OTHERWISE ILLEGAL; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON LATE TAXES, SO AS TO PROVIDE FOR CALCULATION OF THE INTEREST AMOUNT DUE WHEN NO RETURN IS REQUIRED ON A CERTAIN DATE; TO AMEND SECTION 12-54-43, RELATING TO CIVIL PENALTIES AND DAMAGES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO DELETE THE MINIMUM PENALTY OF ONE HUNDRED DOLLARS OR ONE HUNDRED PERCENT OF THE TAX OWED AS PRESCRIBED FOR FAILURE TO FILE A RETURN FOR TAX WITHIN SIXTY DAYS; AND TO AMEND SECTION 12-54-100, RELATING TO EXAMINATION OF A TAXPAYER'S RECORDS, EQUIPMENT, AND LICENSES IN ENFORCEMENT OF THE STATE'S TAX LAWS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF REVENUE, OR HIS AGENT, HAS ACCESS TO THE TAXPAYER'S PLACE OF BUSINESS, TANGIBLE PERSONAL PROPERTY, FACILITIES, COMPUTERS, COMPUTER PROGRAMS, AND ELECTRONIC DATA IN ADDITION TO RECORDS, EQUIPMENT, AND LICENSES, TO REQUIRE THAT THE TAXPAYER FACILITATE THE EXAMINATION, AND TO ALLOW THE DIRECTOR TO USE REASONABLE AUDIT METHODS, INCLUDING SAMPLING; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTION OF DELINQUENT TAXES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO REFUND SERVICES FEES TO A COLLECTION AGENCY IF IT REMITS GROSS FUNDS AND TO CHANGE "COMMISSION" TO "DEPARTMENT"; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS AND FILINGS OF THE DEPARTMENT OF REVENUE, SO AS TO ALLOW DISCLOSURE OF INFORMATION FILED IN CONNECTION WITH THE ACCOMMODATIONS TAX AND THE TOURISM ADMISSIONS TAX; TO AMEND SECTION 12-60-3370, RELATING TO BOND REQUIREMENTS FOR APPEAL OF A DECISION PURSUANT TO THE REVENUE PROCEDURES ACT, SO AS TO DELETE THE REQUIREMENT THAT THE BOND COVER PENALTY AMOUNTS; TO AMEND SECTION 26-5-20, RELATING TO THE PURPOSES OF THE ELECTRONIC COMMERCE ACT, SO AS TO PROVIDE THAT A FURTHER PURPOSE OF THE ACT IS TO FACILITATE AND PROMOTE INTERSTATE AND INTERNATIONAL USE OF ELECTRONIC COMMERCE AND ONLINE GOVERNMENT; TO AMEND ARTICLE 3, CHAPTER 5 OF TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT AND ELECTRONIC SIGNATURES AND RECORDS, BY ADDING SECTION 26-5-370 SO AS TO PROVIDE THAT ELECTRONIC SIGNATURES OR RECORDS FROM OTHER JURISDICTIONS HAVING COMMENSURATE REQUIREMENTS AND WHICH GRANT RECIPROCAL RECOGNITION TO ELECTRONIC SIGNATURES OR RECORDS FROM SOUTH CAROLINA MUST BE AFFORDED THE SAME STATUS, EFFECT, VALIDITY, AND ENFORCEABILITY AS THOSE RECOGNIZED UNDER SOUTH CAROLINA'S ELECTRONIC COMMERCE ACT; TO AMEND CHAPTER 5, TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE APPLICABILITY OF THE COMPUTER CRIME ACT TO THE ELECTRONIC COMMERCE ACT; AND TO REPEAL SECTION 12-4-755 RELATING TO APPEAL OF A PROPERTY TAX EXEMPTION DENIAL.
Referred to Committee on Ways and Means
H. 4905 (Word version) -- Rep. Robinson: A BILL TO AMEND CHAPTER 45, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-420, SO AS TO PROVIDE FOR A COMMITTEE COMPOSED OF THE COUNTY TREASURER, COUNTY AUDITOR, AND COUNTY ASSESSOR TO ADDRESS AN ERRONEOUS PENALTY LEVIED AGAINST PROPERTY; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO PROPERTY REASSESSMENT, SO AS TO PROVIDE FOR POSTPONEMENT OF APPROVAL OF THE REASSESSMENT PROGRAM IF IMPLEMENTATION OF THE REVISED PROPERTY VALUATIONS IS POSTPONED; AND TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY OF EXECUTION AND SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT THE PROPERTY MAY BE PARTITIONED BEFORE THE SALE BUT TO ELIMINATE THE REQUIREMENT OF PARTITION OF DIVISIBLE PROPERTY.
Referred to Committee on Ways and Means
H. 4906 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE WHOLE AMOUNT OF THE TAX SALE BID ACCRUES AT THE RATE OF THREE, SIX, NINE, OR TWELVE PERCENT, INCREASING BY THREE PERCENTAGE POINTS FOR EACH SUCCESSIVE THREE MONTHS OF THE REDEMPTION PERIOD, AND TO PROVIDE THAT INTEREST DUE MAY NOT EXCEED THE BID ON THE PROPERTY SUBMITTED BY THE FORFEITED LAND COMMISSION.
Referred to Committee on Ways and Means
H. 4907 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 20-7-6845, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE DETENTION FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ASSUME THE TOTAL COST FOR PREADJUDICATORY DETENTION OF EACH JUVENILE IN A DEPARTMENT OPERATED FACILITY.
Referred to Committee on Judiciary
H. 4908 (Word version) -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4909 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
Referred to Committee on Judiciary
H. 4910 (Word version) -- Rep. Bales: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION.
Referred to Committee on Judiciary
H. 4911 (Word version) -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-702 SO AS TO DESIGNATE THE TAPESTRY "FROM THE MOUNTAINS TO THE SEA" AS THE OFFICIAL STATE TAPESTRY.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4912 (Word version) -- Reps. Hayes and Bales: A BILL TO AMEND SECTION 12-37-2675, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVYING OF TAXES ON A MOTOR VEHICLE TO WHICH A LICENSE PLATE HAS BEEN TRANSFERRED FROM ANOTHER MOTOR VEHICLE, SO AS TO PROVIDE THAT NO TAX MAY BE LEVIED ON THE MOTOR VEHICLE TO WHICH THE LICENSE PLATE WAS TRANSFERRED UNTIL THE LICENSE PLATE EXPIRES AND THE TITLE AND REGISTRATION TO THE MOTOR VEHICLE FROM WHICH THE LICENSE PLATE WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, AS AMENDED, RELATING TO THE TRANSFER BY THE DEPARTMENT OF PUBLIC SAFETY OF A LICENSE PLATE PREVIOUSLY ASSIGNED TO A VEHICLE OWNER OR LESSEE FOR ONE VEHICLE TO ANOTHER VEHICLE OWNED OR LEASED BY THE SAME PERSON, SO AS TO PROVIDE THAT BEFORE THE DEPARTMENT MAY COMPLETE THE TRANSFER, THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE PLATE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
Referred to Committee on Ways and Means
H. 4913 (Word version) -- Rep. Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-155 SO AS TO PROVIDE THAT AS OF A SPECIFIED DATE, ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG MAY FLY ATOP THE DOME OF THE STATE HOUSE AND BE DISPLAYED WITHIN THE STATE HOUSE, AND TO PROVIDE ON THIS DATE WHERE CERTAIN FLAGS OF THE CONFEDERACY MAY BE DISPLAYED ON THE GROUNDS OF THE STATE CAPITOL COMPLEX OR IN A STATE MUSEUM; AND TO AMEND SECTION 10-1-160, RELATING TO THE DISPLAY OF THE STATE FLAG ON THE STATE HOUSE, SO AS TO PROVIDE THAT THE UNITED STATES FLAG SHALL ALSO BE SO DISPLAYED, THAT THESE TWO FLAGS ONLY SHALL BE DISPLAYED IN THE CHAMBERS OF EACH HOUSE AND IN OTHER LOCATIONS WITHIN THE STATE HOUSE, AND THAT OTHER FLAGS NOT OF THE CONFEDERACY MAY BE DISPLAYED IN THE CHAMBER OF EACH HOUSE AS DIRECTED BY THAT RESPECTIVE BODY.
Referred to Committee on Judiciary
S. 389 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 41, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM ATTACHMENT LEVY AND SALE, BY ADDING SECTION 15-41-33 SO AS TO PROVIDE THAT THE EXEMPTION FROM ATTACHMENT FOR A DISABILITY BENEFIT PROVIDED IN SECTION 15-41-30 SHALL NOT APPLY WITH RESPECT TO A LEVY OR EXECUTION OF A JUDGMENT FOR RESTITUTION OR A CIVIL JUDGMENT CONVERTED FROM A RESTITUTION ORDER.
Referred to Committee on Judiciary
S. 1058 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 20-7-6605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS IN THE JUVENILE JUSTICE CODE, SO AS TO DEFINE VALID COURT ORDER; TO AMEND SECTION 20-7-7810, RELATING TO COMMITMENT OF CHILDREN, SO AS TO PROVIDE THAT A CHILD WHO COMMITS A STATUS OFFENSE MAY BE COMMITTED TO THE CUSTODY OF A CORRECTIONAL INSTITUTION ONLY IF THE CHILD HAS BEEN FOUND IN CONTEMPT OF COURT OR HAS VIOLATED THE CONDITIONS OF PROBATION.
Referred to Committee on Judiciary
S. 1321 (Word version) -- Senator Rankin: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT, BY ADDING CHAPTER 20, SO AS TO ENACT THE LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT BY PERMITTING LAW ENFORCEMENT AGENCIES OF THIS STATE TO ENTER INTO CONTRACTUAL AGREEMENTS FOR LAW ENFORCEMENT SUPPORT SERVICES UNDER CERTAIN CONDITIONS, TO REQUIRE THESE CONTRACTS TO INCLUDE CERTAIN PROVISIONS RELATING TO THE SERVICES PROVIDED, TO REQUIRE THAT OFFICERS OF THE LAW ENFORCEMENT PROVIDER BE UNDER THE IMMEDIATE CONTROL AND SUPERVISION OF THE CONTRACTING AGENCY, AND TO ALLOW THE GOVERNOR TO WAIVE THE CONTRACTUAL REQUIREMENTS OF THIS CHAPTER DURING A NATURAL DISASTER.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 12.
Ralph Canty Fletcher Smith Richard Quinn Floyd Breeland JoAnne Gilham Theodore Brown Leon Howard Lynn Seithel Clementa Pinckney Jerry Govan DeWitt McCraw
LEAVE OF ABSENCE
The SPEAKER granted Rep. VAUGHN a leave of absence for the day due to illness.
Rep. GOVAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 30.
Announcement was made that Dr. M. F. McFarland 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. 4898 (Word version)
Date: ADD:
04/12/00 ALTMAN
Bill Number: H. 4856 (Word version)
Date: ADD:
04/12/00 LEACH
Bill Number: H. 4856 (Word version)
Date: ADD:
04/12/00 LOFTIS
Bill Number: H. 4898 (Word version)
Date: ADD:
04/12/00 HINSON
Bill Number: H. 4892 (Word version)
Date: REMOVE:
04/12/00 D. SMITH
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1310 (Word version) -- Senators Grooms and Mescher: A BILL TO AMEND ACT 178 OF 1999, RELATING TO THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BY REPEALING SECTION 9, RELATING TO A REFERENDUM ON A SPECIAL ONE PERCENT SALES AND USE TAX FOR NOT MORE THAN TWENTY YEARS IN BERKELEY COUNTY.
H. 4512 (Word version) -- Reps. Webb, Barrett, Dantzler, Harris, Jennings, Leach, Ott, Rhoad, Riser, Robinson, Sandifer, Sharpe, Trotter, Wilkins and Witherspoon: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO MODIFY THE LIMITATION ON THE AMOUNT OF PLANT IMPROVEMENT BONDS WHICH MAY BE ISSUED.
Rep. R. SMITH explained the Bill.
S. 1250 (Word version) -- Senators Grooms, Matthews and Washington: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-708 SO AS TO DESIGNATE THE SOUTH CAROLINA ARTISANS CENTER IN WALTERBORO AS THE OFFICIAL STATE FOLK ART AND CRAFTS CENTER.
Rep. BAILEY explained the Bill.
S. 1290 (Word version) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2000, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN YORK, SOUTH CAROLINA, TO YORK COUNTY.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4571 (Word version) -- Reps. Ott and Knotts: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN CERTAIN BODIES OF FRESHWATER, SO AS TO REVISE THAT PORTION OF THE CONGAREE RIVER IN WHICH CERTAIN NONGAME FISHING DEVICES MAY BE USED AND TO PROVIDE FOR THE USE OF CERTAIN NONGAME FISHING DEVICES IN A PORTION OF THE CONGAREE RIVER.
H. 4710 (Word version) -- Reps. Harrison, Knotts and Whatley: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE FEBRUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
H. 4748 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY BE APPLIED TO EXISTING LIFETIME LICENSE FEES; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO FRESHWATER FISHING PERMITS, SO AS TO PROVIDE THAT A RESIDENT MAY PURCHASE A SPECIAL PERMIT TO FISH WITH NONMANUFACTURED TACKLE OR NATURAL BAIT IN LIEU OF AN ANNUAL FISHING LICENSE; TO AMEND SECTION 50-11-20, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO CHANGE A REFERENCE; TO AMEND SECTION 50-20-30, AS AMENDED, RELATING TO STAMPS AND PERMITS REQUIRED FOR SALTWATER FISHING SO AS TO DELETE PROVISIONS FOR THE MARINE RECREATIONAL FISHING STAMP AND PROVIDE FOR A PERMIT FOR FISHING IN SALT WATERS; TO AMEND SECTION 50-20-50, AS AMENDED, RELATING TO THE SALE OF STAMPS AND PERMITS, SO AS TO STRIKE "STAMP" AND INSERT "LICENSE"; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM STAMP REQUIREMENTS SO AS TO PROVIDE FOR EXCEPTIONS FROM LICENSE REQUIREMENTS; TO AMEND SECTION 50-20-70, AS AMENDED, RELATING TO RECIPROCAL RECOGNITION OF RECREATIONAL FISHING LICENSES OF OTHER COASTAL STATES, SO AS TO DELETE LANGUAGE RELATING TO STAMPS; TO AMEND SECTION 50-20-80, AS AMENDED, RELATING TO SALE OF COMMEMORATIVE STAMPS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE; TO AMEND SECTION 50-20-100, AS AMENDED, RELATING TO SPECIAL ACCOUNTS FOR FUNDS FROM THE SALE OF STAMPS, PERMITS, AND PRINTS, SO AS TO INCLUDE THE SALE OF LICENSES; AND TO AMEND SECTION 50-20-110, AS AMENDED, RELATING TO THE MARINE RECREATIONAL FISHERIES ADVISORY BOARD SO AS TO INCLUDE LICENSES WITHIN THE SOURCE OF FUNDS FROM WHICH THE BOARD'S EXPENSES ARE PAID.
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.
H. 4618 (Word version) -- Reps. Sharpe, Davenport and Wilkes: A BILL TO AMEND CHAPTER 57, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL AUDIT PRIVILEGES AND VOLUNTARY DISCLOSURE, SO AS TO PROVIDE THAT AN ENVIRONMENTAL AUDIT REPORT IS PRIVILEGED, IMMUNE FROM DISCOVERY, AND INADMISSIBLE IN CERTAIN CIVIL OR ADMINISTRATIVE PENALTY ACTIONS AND THAT NO PRIVILEGE APPLIES IN CRIMINAL INVESTIGATIONS OR PROCEEDINGS; TO CLARIFY ADDITIONAL DOCUMENTS AND INFORMATION THAT ARE NOT SUBJECT TO THE PRIVILEGE; TO PROVIDE THAT THE PRIVILEGE CONTINUES FOR CIVIL AND ADMINISTRATIVE PROCEEDINGS WHEN AN AUDIT HAS BEEN OBTAINED OR USED IN A CRIMINAL PROCEEDING; TO CLARIFY AUDIT NOTIFICATION REQUIREMENTS; TO REQUIRE A PERSON CLAIMING IMMUNITY BECAUSE OF A VOLUNTARY DISCLOSURE OF AN ENVIRONMENTAL VIOLATION TO PROVE SPECIFIC ELEMENTS IN ORDER TO BE ENTITLED TO IMMUNITY AND FOR THE BURDENS OF PROOF IN THIS REGARD; AND TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A DISCLOSURE IS NOT VOLUNTARY.
H. 4358 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG LIMITS FOR GAME ZONE 2; TO AMEND SECTION 50-11-170, AS AMENDED, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 2, SO AS TO PROVIDE PENALTIES FOR BUYING, SELLING OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 1; AND TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.
H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 85 (Word version) -- Senators Thomas and Giese: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER OF THE GOSPEL, OR TWO PERSONS FOR BOTH HIS COUNSEL AND A MINISTER OF THE GOSPEL.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 702 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 50-11-440 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE OF BAIT TO LURE BEARS, SO AS TO REVISE THIS SECTION TO PROHIBIT FEEDING OR ENTICING WITH FOOD ANY BLACK BEAR, TO PROVIDE EXCEPTIONS TO THE PROHIBITION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
The following Bill was taken up:
H. 4703 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5152DJC00):
Amend the bill, as and if amended, Section 50-11-100(A), as contained in SECTION 1, page 1, line 30, by striking subsection (A) and inserting:
/ (A) Except as provided in this section, it is unlawful to hunt wildlife with a weapon inside an enclosure which prevents or materially impedes the free range of the species of the wildlife being hunted. /
Amend the bill further, Section 50-11-100(C), as contained in SECTION 1, page 2, line 3, by striking subsection (C) and inserting:
/ (C)(1) This section does not apply to enclosures registered with the department within thirty days after the effective date of this section, provided the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure.
(2) After an enclosure is registered with the department, the owner may not increase or decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure provided the repairs do not have the effect of increasing or decreasing the enclosed area. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. WITHERSPOON moved to adjourn debate on the Bill until Thursday, April 13, which was agreed to.
The following Joint Resolution was taken up:
H. 4856 (Word version) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker, Witherspoon, Leach and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAXES LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
Rep. ROBINSON proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9491HTC00):
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that Section 3, Article X of the Constitution of this State be amended by adding a new paragraph at the end to read:
"In addition to the exemptions provided and authorized in this section, the governing body of a county by ordinance may exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county. This exemption, or its subsequent rescission, is allowed only pursuant to a referendum held in the county in the manner that the General Assembly provides by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 3, Article X of the Constitution of this State, relating to property tax exemptions be amended so as to allow the governing body of a county by ordinance to exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county and to allow this exemption or its subsequent rescission, only pursuant to a referendum held in the county in the manner that the General Assembly provides by law?
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 2, Rep. ROBINSON having the floor.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4689 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 12, 2000, AT 12:00 NOON AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2000 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The PRESIDENT recognized Rep. PHILLIPS, Chairman of the Joint Screening Committee.
The PRESIDENT announced that nominations were in order for the two at-large seats.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Arthur H. Baiden III, William C. Coffey, Jr., W. Henry Johnson, Jr., Maj. Richard D. Leonard, William F. Sachs, and Allison Dean Wright.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Baiden:
Anderson Bryan Fair Smith, J.V. Thomas
The following named Senators voted for Coffey:
Anderson Elliott Hayes Holland Hutto Jackson Land McConnell McGill Mescher Moore Patterson Reese Setzler Thomas Washington
The following named Senators voted for Johnson:
Alexander Bauer Branton Elliott Ford Glover Gregory Hayes Land Leatherman Leventis McGill Peeler Russell Ryberg Short Smith, J.V.
The following named Senators voted for Leonard:
Giese
The following named Senators voted for Sachs:
Bauer Bryan Courson Fair Giese Glover Holland Jackson Martin Matthews Passailaigue Patterson Ravenel Richardson Wilson
The following named Senators voted for Wright:
Alexander Branton Courson Ford Gregory Grooms Hutto Leatherman Leventis Martin Matthews McConnell Mescher Moore Passailaigue Peeler Ravenel Reese Richardson Russell Ryberg Setzler Short Washington Wilson
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Baiden:
Barrett Battle Campsen Cato Easterday Hamilton Harrison Haskins Koon Leach Littlejohn Loftis McLeod, W. McMahand Rice Sandifer Simrill Smith, R. Wilkins
The following named Representatives voted for Coffey:
Askins Bailey Brown, G. Canty Carnell Chellis Clyburn Dantzler Delleney Emory Gamble Govan Harris Harvin Hayes Hines, J. Hines, M. Jennings Keegan Kennedy Klauber Knotts Maddox McKay McLeod, M. Miller Neal, J.M. Neilson Ott Perry Phillips Rhoad Robinson Sheheen Trotter Webb Whatley Woodrum Young-Brickell
The following named Representatives voted for Johnson:
Allen Askins Bailey Barfield Barrett Battle Bowers Brown, G. Brown, H. Brown, J. Canty Carnell Clyburn Cotty Davenport Easterday Emory Fleming Gourdine Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kelley Kennedy Kirsh Law Lee Lloyd Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Rhoad Riser Rutherford Scott Sharpe Sheheen Smith, D. Smith, F. Smith, J. Stille Stuart Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
The following named Representatives voted for Leonard:
The following named Representatives voted for Sachs:
Allison Altman Bales Barfield Bowers Breeland Brown, H. Brown, J. Campsen Chellis Cobb-Hunter Cooper Cotty Dantzler Delleney Edge Frye Gilham Govan Harrell Harrison Hawkins Hinson Howard Huggins Keegan Kirsh Klauber Knotts Koon Limehouse Littlejohn Lourie McCraw McGee McLeod, W. Meacham-Richardson Quinn Rice Riser Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, R. Taylor Townsend Tripp Walker Whatley Wilkes Witherspoon
The following named Representatives voted for Wright:
Allen Allison Altman Bales Breeland Cato Cobb-Hunter Cooper Davenport Edge Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Haskins Hawkins Hinson Hosey Huggins Inabinett Kelley Law Leach Lee Limehouse Lloyd Loftis Lourie Mack Martin McMahand Meacham-Richardson Moody-Lawrence Neal, J.H. Parks Pinckney Quinn Robinson Rodgers Rutherford Seithel Smith, D. Smith, F. Smith, J. Stille Stuart Taylor Townsend Tripp Trotter Walker Whipper Wilder Young-Brickell
Total number of Senators voting 40
Total number of Representatives voting 120
Grand Total 160
Necessary to a choice 81
Of which Baiden received 24
Of which Coffey received 55
Of which Johnson received 86
Of which Leonard received 1
Of which Sachs received 69
Of which Wright received 82
Whereupon, the PRESIDENT announced that W. Henry Johnson, Jr. and Allison Dean Wright were duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for three at-large seats.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Walter Mack Burriss, Louis B. Lynn, Charles E. Moore, William C. Smith, Jr., and Allen P. Wood.
Sen. REESE stated that Mr. Charles E. Moore had withdrawn from the race.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Burriss:
Bauer
The following named Senators voted for Lynn:
Alexander Anderson Bauer Branton Bryan Courson Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J.V. Thomas Waldrep Washington Wilson
The following named Senators voted for Smith:
Alexander Anderson Bauer Branton Bryan Courson Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J.V. Thomas Waldrep Washington Wilson
The following named Senators voted for Wood:
Alexander Anderson Branton Bryan Courson Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J. V. Thomas Waldrep Washington Wilson
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Burriss:
The following named Representatives voted for Lynn:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. 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 Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
The following named Representatives voted for Smith:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
The following named Representatives voted for Wood:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. 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 Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Total number of Senators voting 41
Total number of Representatives voting 120
Grand Total 161
Necessary to a choice 81
Of which Burriss received 1
Of which Lynn received 160
Of which Smith received 158
Of which Wood received 159
Whereupon, the PRESIDENT announced that Louis B. Lynn, William C. Smith, Jr. and Allen P. Wood were duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that L. Cherry Daniel had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that L. Cherry Daniel was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Joel H. Smith had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Joel H. Smith was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that J. Philip Bell had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that J. Philip Bell was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Merl F. Code and Emil E. Spieth.
On motion of Rep. PHILLIPS, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Code:
Alexander Anderson Bauer Branton Bryan Courson Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J.V. Thomas Waldrep Washington Wilson
The following named Senators voted for Spieth:
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Code:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. 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 Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J. M. Neal, J. H. Neilson Ott Parks Perry Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Smith, D. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
The following named Representatives voted for Spieth:
Total number of Senators voting 41
Total number of Representatives voting 115
Grand Total 156
Necessary to a choice 79
Of which Code received 156
Of which Spieth received 0
Whereupon, the PRESIDENT announced that Merl F. Code was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that J. Vincent Price, Jr. had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that J. Vincent Price was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Marie M. Land had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Marie M. Land was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Timothy N. Dangerfield and Zeno Montgomery.
Rep. PHILLIPS stated that Zeno Montgomery had withdrawn from the race.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the remaining candidate.
Whereupon, the PRESIDENT announced that Timothy N. Dangerfield was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 15.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Timothy R. Meacham, Daniel W. R. Moore, Sr., and Ronald R. Norton.
Rep. PHILLIPS stated that Timothy R. Meacham and Ronald R. Norton had withdrawn from the race.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the remaining candidate.
Whereupon, the PRESIDENT announced that Daniel W. R. Moore was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Melissa Johnson Emery had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Melissa Johnson Emery was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Gail Ness Richardson had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Gail Ness Richardson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Patricia C. Edmonds had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Patricia C. Edmonds was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Alex Kiriakides III had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Alex Kiriakides III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Lorraine H. Knight had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Lorraine H. Knight was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 11.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that James A. Brown, Jr. had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that James A. Brown, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that William W. Coleman, Jr. had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that William W. Coleman, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Robert W. Williams, Jr. had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Robert W. Williams, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Robin R. Agnew and Anthony Noury.
On motion of Rep. PHILLIPS, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Agnew:
Alexander Anderson Bryan Courson Elliott Fair Ford Giese Glover Gregory Holland Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Moore Patterson Peeler Rankin Ravenel Reese Richardson Russell Setzler Short Thomas Washington Wilson
The following named Senators voted for Noury:
Bauer Branton Grooms Hayes Hutto Mescher Passailaigue Ryberg Waldrep
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Agnew:
Allison Bailey Barfield Battle Brown, G. Brown, H. Brown, J. Carnell Clyburn Cobb-Hunter Cooper Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Harris Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hosey Keegan Kelley Kennedy Knotts Koon Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Phillips Rodgers Rutherford Scott Sheheen Smith, D. Smith, J. Smith, R. Stuart Townsend Trotter Walker Whatley Wilkes Wilkins Woodrum
The following named Representatives voted for Noury:
Allen Altman Askins Bales Barrett Bowers Breeland Campsen Chellis Cotty Dantzler Hamilton Harrell Hawkins Hinson Huggins Inabinett Kirsh Klauber Law Leach Mack Perry Rhoad Rice Riser Robinson Sandifer Simrill Stille Taylor Tripp Webb Whipper Wilder
Total number of Senators voting 41
Total number of Representatives voting 107
Grand Total 148
Necessary to a choice 75
Of which Agnew received 104
Of which Noury received 44
Whereupon, the PRESIDENT announced that Robin R. Agnew was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: George R. Starnes and Peter Buttress.
On motion of Rep. PHILLIPS, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Starnes:
Alexander Anderson Bauer Branton Bryan Courson Elliott Giese Glover Grooms Hayes Holland Hutto Jackson Land Leventis Martin Matthews McConnell McGill Mescher Moore Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Thomas Waldrep Washington Wilson
The following named Senators voted for Buttress:
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Starnes:
Allen Allison Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Carnell Chellis Clyburn Cobb-Hunter Cotty Davenport Easterday Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Leach Limehouse Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McLeod, M. McLeod, W. McMahand Moody-Lawrence Neilson Ott Parks Perry Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum
The following named Representatives voted for Buttress:
Total number of Senators voting 36
Total number of Representatives voting 94
Grand Total 130
Necessary to a choice 66
Of which Starnes received 130
Of which Buttress received 0
Whereupon, the PRESIDENT announced that George R. Starnes was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 5.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Mamie W. Nicholson had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mamie W. Nicholson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Finis Horne had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Finis Horne was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that C. Tyrone Gilmore had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that C. Tyrone Gilmore was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that S. Anne Walker had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that S. Anne Walker was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Walter D. Smith had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Walter D. Smith was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Ann B. Bowen had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Ann B. Bowen was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the First Congressional District, Non-Medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Melvyn Berlinsky had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Melvyn Berlinsky was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Non-Medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Donald McElveen, William F. Hoffman, and Donald V. Richardson.
Rep. PHILLIPS stated that Donald V. Richardson had withdrawn from the race.
On motion of Rep. PHILLIPS, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for McElveen:
Alexander Anderson Bauer Branton Bryan Courson Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Thomas Waldrep Washington Wilson
The following named Senators voted for Hoffman:
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for McElveen:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Canty Carnell Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw 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 Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum
The following named Representatives voted for Hoffman:
Total number of Senators voting 41
Total number of Representatives voting 107
Grand Total 148
Necessary to a choice 75
Of which McElveen received 148
Of which Hoffman received 0
Whereupon, the PRESIDENT announced that Donald McElveen was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Non-Medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Fred T. Moore and Charles W. Schulz.
Rep. PHILLIPS stated that Charles W. Schulz had withdrawn from the race.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the remaining candidate.
Whereupon, the PRESIDENT announced that Fred T. Moore was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Dr. Charles B. Thomas, Jr. and Harold E. Fleming.
Rep. PHILLIPS stated that Harold E. Fleming had withdrawn from the race.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the remaining candidate.
Whereupon, the PRESIDENT announced that Dr. Charles B. Thomas, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Dr. Cotesworth P. Fishburne, Jr. had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. Cotesworth P. Fishburne, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Medical.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Dr. E. Conyers O'Bryan, Jr. had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. E. Conyers O'Bryan, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 11.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that John Williams, Jr. had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that John Williams, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 12.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: George C. Bradley, Grace H. Salters, Alfonso J. Evans, Sr. and Brantley E. Evans, Jr.
Rep. PHILLIPS stated that the following candidates had withdrawn from the race: Alfonso J. Evans, Sr. and George C. Bradley.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Salters:
Alexander Anderson Bryan Fair Glover Leatherman Martin Matthews Passailaigue Peeler Ravenel Washington
The following named Senators voted for Evans:
Bauer Branton Courson Elliott Ford Giese Grooms Hayes Holland Hutto Jackson Land Leventis McGill Mescher Moore Patterson Rankin Reese Richardson Russell Setzler Short Smith, J.V. Thomas Waldrep Wilson
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Evans:
Allen Askins Bailey Bales Barfield Battle Brown, G. Brown, J. Carnell Chellis Cobb-Hunter Cooper Cotty Davenport Edge Emory Fleming Frye Gamble Harris Harvin Haskins Hayes Howard Inabinett Kennedy Kirsh Klauber Knotts Lee Limehouse Lloyd Lourie Lucas Martin McCraw McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Rhoad Rice Rutherford Sheheen Simrill Smith, F. Smith, J. Stille Stuart Tripp Walker Wilkes Wilkins
The following named Representatives voted for Salters:
Altman Barrett Bowers Breeland Brown, H. Brown, T. Campsen Canty Clyburn Dantzler Delleney Gilham Gourdine Govan Hamilton Harrell Harrison Hawkins Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Koon Law Leach Littlejohn Loftis Mack McGee Perry Riser Robinson Rodgers Sandifer Scott Sharpe Smith, R. Taylor Trotter Webb Whatley Whipper Wilder Witherspoon Woodrum
Total number of Senators voting 39
Total number of Representatives voting 111
Grand Total 150
Necessary to a choice 76
Of which Salters received 61
Of which Evans received 89
Whereupon, the PRESIDENT announced that Brantley E. Evans, Jr. was duly elected for the term prescribed by law.
I voted for Evans when my intentions were to vote for Grace H. Salters.
Rep. Becky Martin
The PRESIDENT announced that nominations were in order for the Second Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Miles Loadholt had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Miles Loadholt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that J. DuPre Miller had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that J. DuPre Miller was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that James Bradley had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that James Bradley was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Eighth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Herbert C. Adams had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Herbert C. Adams was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Tenth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Robert N. McLellan had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Robert N. McLellan was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourteenth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Helen C. Harvey had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Helen C. Harvey was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifteenth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that M. Wayne Staton had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that M. Wayne Staton was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixteenth Judicial Circuit.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Sam R. Foster II had been screened and found qualified.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Sam R. Foster II was duly elected for the term prescribed by law.
As an employee of the University of South Carolina, I did not vote in the election of the University's Board of Trustees.
Rep. Margaret Gamble
The PRESIDENT announced that nominations were in order for the four At-Large seats.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Bryan England, Samuel Goodwater, Jr., Charles E. Jackson, Wilhelmina McBride, Mary F. Newman, Carlisle Roddey, Diana Taylor, and Suzanne Turner.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for England:
Bauer Branton Elliott Fair Grooms Hayes McGill Mescher Rankin Ravenel Reese Ryberg Thomas
The following named Senators voted for Goodwater:
The following named Senators voted for Jackson:
Courson Grooms McConnell Ravenel Smith, J. V. Waldrep Wilson
The following named Senators voted for McBride:
Anderson Branton Bryan Courson Elliott Fair Ford Giese Glover Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews Moore Passailaigue Patterson Peeler Richardson Russell Setzler Short Smith, J.V. Thomas Washington Wilson
The following named Senators voted for Newman:
Anderson Bauer Branton Bryan Courson Fair Ford Giese Glover Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Moore Passailaigue Patterson Peeler Rankin Reese Richardson Russell Ryberg Setzler Short Smith, J.V. Thomas Waldrep Washington Wilson
The following named Senators voted for Roddey:
Anderson Bauer Bryan Elliott Ford Glover Gregory Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Washington
The following named Senators voted for Taylor:
Giese Patterson Waldrep
The following named Senators voted for Turner:
Anderson Bauer Branton Bryan Courson Elliott Fair Ford Giese Glover Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J.V. Thomas Waldrep Washington Wilson
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for England:
Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Chellis Clyburn Dantzler Edge Emory Fleming Frye Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Hayes Hines, M. Hinson Hosey Huggins Inabinett Keegan Kelley Kennedy Kirsh Koon Law Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Miller Neal, J.H. Neal, J.M. Neilson Parks Perry Phillips Pinckney Rhoad Rice Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Taylor Townsend Tripp Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
The following named Representatives voted for Goodwater:
Inabinett Lloyd Pinckney Rodgers
The following named Representatives voted for Jackson:
Koon Phillips Riser Stuart
The following named Representatives voted for McBride:
Allen Allison Altman Askins Bailey Bales Battle Breeland Brown, G. Brown, J. Brown, T. Campsen Canty Carnell Chellis Clyburn Cotty Davenport Delleney Emory Fleming Frye Gamble Gilham Gourdine Govan Harrell Harris Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kennedy Kirsh Knotts Law Leach Lee Limehouse Littlejohn Lloyd Lourie Mack Maddox McCraw McGee McLeod, W. McMahand Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Pinckney Rhoad Rice Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Townsend Tripp Walker Whipper Wilder Wilkes Wilkins Woodrum
The following named Representatives voted for Newman:
Allen Allison Askins Bailey Bales Barrett Breeland Brown, H. Canty Carnell Chellis Clyburn Cotty Davenport Delleney Edge Fleming Frye Gamble Gilham Gourdine Hamilton Harris Hayes Hines, J. Hines, M. Hosey Jennings Keegan Kelley Kennedy Knotts Koon Law Limehouse Lourie Lucas Maddox McGee McLeod, M. Moody-Lawrence Neilson Ott Parks Perry Rice Riser Robinson Rodgers Sheheen Smith, F. Smith, J. Smith, R. Stuart Taylor Tripp Walker Webb Whatley Wilder Wilkins Witherspoon
The following named Representatives voted for Roddey:
Barfield Barrett Battle Brown, G. Brown, H. Canty Cotty Dantzler Davenport Delleney Edge Emory Gamble Govan Hamilton Harris Harvin Hines, J. Howard Jennings Kirsh Knotts Koon Law Leach Lee Littlejohn Loftis Lucas McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Phillips Riser Robinson Rutherford Simrill Smith, D. Smith, F. Stuart Taylor Webb Whatley Wilkes Witherspoon
The following named Representatives voted for Taylor:
Allen Bales Barfield Brown, J. Huggins Lee Mack Maddox Rutherford Scott Townsend
The following named Representatives voted for Turner:
Allen Allison Altman Askins Bailey Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Canty Carnell Chellis Clyburn Cotty Dantzler Davenport Delleney Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Knotts Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack McCraw McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
Total number of Senators voting 41
Total number of Representatives voting 103
Grand Total 144
Necessary to a choice 73
Of which England received 101
Of which Goodwater received 4
Of which Jackson received 11
Of which McBride received 116
Of which Newman received 99
Of which Roddey received 82
Of which Taylor received 14
Of which Turner received 139
Whereupon, the PRESIDENT announced that Bryan England, Wilhelmina McBride, Mary F. Newman and Suzanne Turner were duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the two At-Large seats.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Hugh Hadsock, Jr., Sandra Nelson, Glenda P. Owens, Kay Wright Rush, and Harold P. Tuttle, Jr.
Rep. PHILLIPS stated that the following candidate had withdrawn from the race: Sandra Nelson.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Hadsock:
Setzler Waldrep Wilson
The following named Senators voted for Owens:
Alexander Anderson Bauer Branton Bryan Courson Elliott Fair Glover Gregory Grooms Hayes Holland Hutto Land Leatherman Leventis Martin McConnell McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Short Smith, J. V. Thomas Washington
The following named Senators voted for Rush:
Giese Setzler Wilson
The following named Senators voted for Tuttle:
Alexander Anderson Bauer Branton Bryan Courson Elliott Fair Giese Glover Gregory Grooms Hayes Holland Hutto Land Leatherman Leventis Martin McConnell McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Short Smith, J.V. Thomas Waldrep Washington
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Hadsock:
Davenport Frye Koon
The following named Representatives voted for Owens:
Altman Askins Bales Barfield Barrett Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Chellis Clyburn Cotty Dantzler Delleney Emory Fleming Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Knotts Law Lee Limehouse Lloyd Lourie Lucas Mack McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Tripp Trotter Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
The following named Representatives voted for Rush:
Davenport Emory Frye Gamble Knotts Koon Leach Loftis Neal, J.M. Riser Rodgers Stuart Woodrum
The following named Representatives voted for Tuttle:
Allen Askins Bales Barfield Barrett Breeland Brown, G. Brown, H. Brown, J. Carnell Chellis Clyburn Cotty Dantzler Delleney Edge Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Keegan Kelley Kennedy Law Leach Lee Limehouse Lourie Lucas Mack McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neilson Ott Parks Perry Phillips Rice Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Taylor Tripp Trotter Webb Whatley Wilder Wilkes Wilkins Witherspoon
Total number of Senators voting 36
Total number of Representatives voting 93
Grand Total 129
Necessary to a choice 65
Of which Hadsock received 6
Of which Owens received 124
Of which Rush received 16
Of which Tuttle received 115
Whereupon, the PRESIDENT announced that Glenda P. Owens and Harold P. Tuttle, Jr. were duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 2:45 p.m. the House resumed, the SPEAKER in the Chair.
Rep. HASKINS moved that the House recede until 3:45 p.m., which was agreed to.
At 3:45 p.m. the House resumed, the SPEAKER in the Chair.
The following was received:
Columbia, S.C., April 12, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 226:
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.
Very respectfully,
President
Received as information.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 2, Rep. ROBINSON having the floor:
H. 4856 (Word version) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker, Witherspoon, Leach and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAXES LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
Reps. HARRELL, R. SMITH, RICE, KIRSH, ALTMAN and W. MCLEOD requested debate on the Joint Resolution.
The following Bill was taken up:
H. 4854 (Word version) -- Reps. Robinson, Koon, Limehouse, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Frye, Gamble, Gilham, Hamilton, Harrell, Harvin, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE MOTOR VEHICLE PROPERTY TAX EXEMPTION SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A SALES AND USE TAX IN A COUNTY IN INCREMENTS OF ONE-TENTH OF ONE PERCENT, NOT TO EXCEED TWO PERCENT, TO PROVIDE FOR THESE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, AND TO REQUIRE THE TAX REVENUE TO BE USED TO REPLACE PROPERTY TAX REVENUES NOT COLLECTED ON PRIVATE PASSENGER MOTOR VEHICLE AND MOTORCYCLES WHICH ARE EXEMPT FROM PROPERTY TAXES LEVIED IN THE COUNTY IF A MAJORITY IN THE REFERENDUM FAVOR THE SALES TAX.
Reps. HARRELL, R. SMITH, ALTMAN, PERRY, KIRSH, BALES, STILLE and W. MCLEOD requested debate on the Bill.
The following Bill was taken up:
S. 1204 (Word version) -- Senators Drummond, Leventis and Hayes: A BILL TO AMEND SECTIONS 9-1-10, AS AMENDED, 9-1-470, AS AMENDED, 9-1-1140, AS AMENDED, 9-1-1510, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1540, 9-1-1550, AS AMENDED, 9-1-1650, AS AMENDED, 9-1-1660, AND 9-1-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT AND TO AMEND SECTIONS 9-11-10, AS AMENDED, 9-11-40, AS AMENDED, 9-11-50, AS AMENDED, 9-11-60, AS AMENDED, 9-11-70, AS AMENDED, 9-11-80, AS AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1850, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330 ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Reps. BALES, SCOTT, CLYBURN, HOSEY, HARRIS, W. MCLEOD, D. SMITH, HARRELL, R. SMITH, MCMAHAND, PERRY and ALTMAN requested debate on the Bill.
The following Bill was taken up:
H. 4290 (Word version) -- Reps. Walker, Stille, Wilder, Klauber, Bales, J. Smith, Barrett, Cotty, Hawkins, Harvin, Rodgers, Hamilton and Leach: A BILL TO AMEND ARTICLE 6, CHAPTER 111 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ONE-HALF TUITION CHARGES FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD TO ATTEND STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING OR TECHNICAL COLLEGES, SO AS TO PROVIDE A FULL TUITION EXEMPTION FOR UP TO FIFTEEN CREDIT HOURS A SEMESTER INSTEAD OF TWELVE, TO PROVIDE THE TUITION EXEMPTION SHALL NOT BE ON A SPACE AVAILABLE BASIS, TO PROVIDE THAT THE CREDIT HOURS EARNED BY THESE STUDENTS SHALL BE USED IN HIGHER EDUCATION FORMULAS FOR FUNDING, AND TO FURTHER PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THIS TUITION EXEMPTION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21207SD00), 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 59-111-75. The Military Department through the Adjutant General, in consultation with the staff of the South Carolina Student Loan Corporation, shall develop a loan repayment program whereby talented and qualified state residents may attend state public or private colleges and universities for the purpose of providing incentives for enlisting or remaining in the South Carolina National Guard in areas of critical need. Areas of critical need must be defined annually for that purpose by the state Adjutant General. The Adjutant General shall promulgate appropriate regulations to set forth the terms of the loan repayment program, upon the advice of a loan repayment advisory board. The loan repayment advisory board shall consist of the Adjutant General, the State Command Sergeant Major, and three commissioned officers of the South Carolina National Guard. The Governor, Superintendent of Education, and the Adjutant General each shall appoint one such officer. The regulations shall define limitations on monetary repayment amounts, successful participation within the National Guard, successful school matriculation, and other requirements for participation in the loan repayment program. In case of failure to complete the term of enlistment, failure to successfully participate in the National Guard, noncompliance by a borrower with the terms of the loan, or failure to comply with regulations of the program, the borrower's participation in the loan repayment program may be terminated and the borrower remains subject to those provisions as provided in the loan documents. The borrower shall execute the necessary legal documents to reflect his obligation to the lending entity and the terms and conditions of the loan. The loan program, as implemented herein shall be administered by a separate student loan provider. Of the funds appropriated by the General Assembly for the loan repayment program, such funds must be retained in a separate account and used on a revolving basis for purposes of the loan repayment program. The State Treasurer shall disburse funds from this account as requested by the Adjutant General and upon warrant of the Comptroller General. Funds in the account and any earnings thereon may be carried forward in succeeding fiscal years and used for the purposes of the loan repayment program. The Adjutant General shall review the loan program annually and report to the General Assembly on its progress and results."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-75 SO AS TO AUTHORIZE THE MILITARY DEPARTMENT THROUGH THE ADJUTANT GENERAL TO DEVELOP A LOAN REPAYMENT PROGRAM WHEREBY TALENTED AND QUALIFIED STATE RESIDENTS MAY ATTEND STATE PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES FOR THE PURPOSE OF PROVIDING INCENTIVES FOR ENLISTING OR REMAINING IN THE SOUTH CAROLINA NATIONAL GUARD IN AREAS OF CRITICAL NEED, AND TO PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS OF THE PROGRAM. /
Renumber sections to conform.
Amend totals to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4567 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED INVESTMENTS FOR THE MONEY OF POLITICAL SUBDIVISIONS OF THE STATE, SO AS TO AUTHORIZE PRINCIPAL PROTECTED INVESTMENTS IN THE FORM OF NOTES, BONDS, GUARANTEED INVESTMENT CONTRACTS, DEBENTURES, OR OTHER CONTRACTS WHICH PROVIDE FOR FULL PRINCIPAL PAYMENT AT THE END OF A CONTRACT TERM NOT TO EXCEED TWELVE YEARS ISSUED BY BANKS CHARTERED IN THE UNITED STATES OR THEIR AGENCIES, OTHER FINANCIAL INSTITUTIONS, INSURANCE COMPANIES, OR OTHER ENTITIES HAVING RECEIVED A CREDIT RATING IN ONE OF THE THREE HIGHEST GENERAL RATING CATEGORIES OF SUCH RATINGS BY NO FEWER THAN TWO NATIONALLY RECOGNIZED CREDIT RATING ORGANIZATIONS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18305SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Section 6-5-10(a) of the 1976 Code, as last amended by Act 326 of 1990, is further amended by adding one new item at the end to read:
(7) A public hospital that is a political subdivision may invest in principal protected investments in the form of notes, bonds, guaranteed investment contracts, debentures, or other contracts issued by a bank chartered in the United States or agency of a bank if chartered in the United States, financial institutions, insurance company, or other entity which provides for full principal payment at the end of a contract term not to exceed twelve years if the issuer has received a rating in one of three highest general rating categories issued by no fewer than two nationally recognized credit rating organizations. Revenue realized pursuant to these investments must be expended on health care services." /
Renumber sections to conform.
Amend title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. ALTMAN moved to adjourn debate upon the following Bill until Tuesday, April 18, which was adopted:
H. 4753 (Word version) -- Reps. Altman, Robinson, Barfield, Cato, Gilham, Leach, Limehouse, Littlejohn, McGee, Meacham-Richardson, Rhoad, Riser, Stille, Young-Brickell and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3525 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO PUBLIC SCHOOLS FOR SCHOOL SUPPORT AND TO NONPROFIT SCHOLARSHIP FUNDING ORGANIZATIONS THAT PROVIDE SCHOLARSHIPS FOR CHILDREN TO ATTEND A SCHOOL OF THEIR CHOICE.
The following Bill was taken up:
S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
Reps. SHEHEEN, SANDIFER, R. SMITH, COBB-HUNTER, TROTTER, QUINN, EDGE, CATO, FLEMING, LITTLEJOHN, EMORY, BARRETT, GOURDINE, CLYBURN, YOUNG-BRICKELL, KELLEY, WITHERSPOON, HOSEY, PINCKNEY, LLOYD, SCOTT, J. H. NEAL, BALES, LAW and KNOTTS requested debate on the Bill.
Rep. SCOTT asked unanimous consent to recall H. 3005 from the Committee on Ways and Means.
Rep. TROTTER objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham-Richardson, Miller, J. H. Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
Rep. BATTLE proposed the following Amendment No. 3 (Doc Name COUNCIL\SKB\AMEND\18335STD00), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION __. Section 12-36-2120(32) of the 1976 Code, as last amended by Act 171 of 1991, is further amended to read:
"(32) natural, propane, and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk and to produce tobacco plants in greenhouses that subsequently will be replanted;" /
Renumber sections to conform.
Amend title to conform.
Rep. BATTLE explained the amendment.
Rep. CAMPSEN raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. BATTLE argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. HARRELL proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\AMEND\9511HTC00), which was adopted:
Amend the bill, as and if amended, by adding three appropriately numbered SECTIONS to read:
/ SECTION __. A. Section 12-6-3360(A) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(A) Taxpayers that operate manufacturing, tourism, processing, warehousing, distribution, research and development, corporate office, and qualifying service-related facilities, and qualifying technology intensive facilities are allowed an annual job tax credit as provided in this section. In addition, taxpayers that operate retail facilities and service related industries qualify for an annual jobs tax credit in counties designated as least developed. Credits under this section may be claimed against income taxes imposed by Section 12-6-510 or 12-6-530, and insurance premium taxes imposed pursuant to Chapter 7 of Title 38, and are limited in use to fifty percent of the taxpayer's South Carolina income tax, insurance premium tax liability. In computing any tax payable by a taxpayer under Section 38-7-90, the credit allowable under this section must be treated as a premium tax paid under Section 38-7-20."
B. Section 12-6-3360(M) of the 1976 Code, as last amended by Act 114 of 1999, is further amended by adding:
"(14) 'Technology intensive facility' means a firm engaged in the design, development, and introduction of new products or innovative manufacturing processes, or both, through the systematic application of scientific and technical knowledge. Included in this definition are the following North American Industrial Classification System, NAICS, codes published by the Office of Management and Budget of the federal government:
(i) 51114 Database and Directory publishers
(ii) 5112 Software publishers
(iii) 54151 Computer systems design and related services
(iv) 541511 Custom computer programming services
(v) 541512 Computer systems design services
(vi) 541710 Scientific research and development services
(vii) 9271 Space research and technology."
C. Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3415. (A) A taxpayer that claims a federal income tax credit pursuant to Section 174 of the Internal Revenue Code for increasing research activities for the taxable year is allowed a credit against any tax due pursuant to Section 12-6-530 or Section 12-20-50 equal to five percent of the taxpayer's qualified expenditures for research and development made in South Carolina. For the purposes of this credit, qualified research and development expenditures have the same meaning as provided for in Section 174 of the Internal Revenue Code.
(B) The credit taken in any one taxable year pursuant to this section may not exceed fifty percent of the taxpayer's remaining tax liability after all other credits have been applied. Any unused credit may be carried over to the immediately succeeding taxable years, except that the credit carry-over may not be used for a taxable year that begins on or after ten years from the date of the qualified expenditure."
D. Section 12-10-20(1) of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"(1) that the economic well-being of the citizens of the State will be is enhanced by the increased development and growth of industry within the State, and that it is in the best interest of the State to induce the location or expansion of manufacturing, processing, services, distribution, warehousing, research and development, corporate offices, technology intensive, and certain tourism facilities within the State in order to promote the public purpose of creating new jobs within the State;"
E. Section 12-10-30 of the 1976 Code, as last amended by Act 93 of 1999, is further amended to read:
"Section 12-10-30. As used in this chapter:
(1) 'Council' means the Advisory Coordinating Council for Economic Development.
(2) 'Department' means the South Carolina Department of Revenue.
(3) 'Employee' means an employee of the qualifying business who works full time within the enterprise zone.
(4) 'Manufacturing' means engagement primarily in an activity or activities listed under the Standard Industrial Classification (SIC) Codes 20 through 39 as published in the Office of Management and Budget's Standard Industrial Classification Manual.
(5) 'New job' means a job created or reinstated as defined in Section 12-6-3360(M)(3).
(6) 'Qualifying business' means an employer that meets the requirements of Section 12-10-50 and other applicable requirements of this chapter and, where required under Section 12-10-50, enters into a revitalization agreement with the council to undertake a project under the provisions of this chapter.
(7) 'Project' means an investment for one or more purposes in Section 12-10-80(B) needed for a qualifying business to locate, remain, or expand in an enterprise zone and otherwise fulfill the requirements of this chapter.
(8) Reserved.
(9) 'Withholding' means employee withholding under Chapter 9 of this title.
(10) 'Technology employee' means an employee whose job qualifies for jobs tax credit pursuant to Section 12-6-3360(M)(14)."
F. Section 12-10-80(C) and (D) of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"(C) In order To claim a job development credit, the qualifying business must incur expenditures at the above-described facility or for utility or transportation improvements that serve this facility. To be qualified, the expenditures (a) the expenditures are must be incurred: (1) during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement, (b) the expenditures must be (2) by according to the revitalization agreement,; and (c)(3) the expenditures are for any of the following purposes:
(1)(a) training costs and facilities;
(2)(b) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3)(c) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(4)(d) fixed transportation facilities including highway, rail, water, and air;
(5)(e) construction or improvements of any real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations;
(f) employee relocation expenses associated with new or expanded technology intensive facilities as defined in Section 12-6-3360(M)(14);
(6) The amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360 as follows:
(a)(1) one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';
(b)(2) eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'under developed';
(c)(3) seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or
(d)(4) fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.
The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.
(D) Subject to the conditions in this section, any a qualifying business in this State may negotiate with the council to claim a job development credit for retraining according to the procedure in subsection (A) in an amount equal to five hundred dollars a year for each production and technology employee being retrained, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved by and performed by the technical college under the jurisdiction of the State Board for Technical and Comprehensive Education serving the designated enterprise zone. The technical college may provide the retraining program delivery directly or contract with other training entities to accomplish the required training outcomes. In addition to the yearly limits, the amount claimed as a job development credit for retraining may not exceed two thousand dollars over five years for each production employee being retrained. Additionally, the qualifying business must match on a dollar-for-dollar basis the amount claimed as a job development credit for retraining. The total amount claimed as job development credits for retraining and all of the qualifying business' matching funds of the business must be paid to the technical college that provides the training to defray the cost of the training program. Any Training cost in excess of the job development credits for retraining and matching funds is the responsibility of the qualifying business based on negotiations with the technical college."
G. (1) Section 12-36-2110(D) of the 1976 Code is repealed.
(2) Section 12-36-2120 of the 1976 Code, as last amended by Act 114 of 1999, is further amended by adding at the end:
"( ) Machines used in research and development. 'Machines' includes machines and parts of machines, attachments, and replacements which are used or manufactured for use on or in the operation of the machines, which are necessary to the operation of the machines, and which are customarily used in that way. 'Machines used in research and development' means machines used directly and primarily in research and development, in the experimental or laboratory sense, of new products, new uses for existing products, or improvement of existing products."
(H) Section 12-37-220(B)(34) of the 1976 Code, as added by Act 110 of 1991, is amended to read:
"(34) The facilities of all new enterprises engaged in research and development activities located in any of the counties of this State, and all additions valued at fifty thousand dollars or more to existing facilities of enterprises engaged in research and development are exempt from ad valorem taxation in the same manner and to the same extent as the exemption allowed pursuant to item (7) of subsection A of Section 12-37-220. These additions include machinery and equipment installed in an existing manufacturing or research and development facility. For purposes of this section, facilities of enterprises engaged in research and development activities are facilities devoted directly and exclusively primarily to research and development, in the experimental or laboratory sense, for of new products, new uses for existing products, or for improving improvement of existing products. To be eligible for the exemption allowed by this section, the facility or its addition must be a separate facility devoted exclusively primarily to research and development as defined in this section. The exemption does not include facilities used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."
I. Notwithstanding the general effective date of this act, this section, upon approval by the Governor, is effective for taxable years beginning after June 30, 2001.
SECTION __. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION __. Except where otherwise provided, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. HARRELL explained the Senate Amendments.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3889 (Word version) -- Rep. Edge: A BILL TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIMESHARING PLANS, BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".
Rep. EDGE moved to adjourn debate upon the Senate Amendments until Thursday, April 13, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
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. MILLER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4817 (Word version) -- Reps. Meacham-Richardson, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: A BILL TO ESTABLISH FIVE SINGLE MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF YORK SCHOOL DISTRICT NO. 1 OF YORK COUNTY MUST RESIDE AND BE ELECTED BY THE QUALIFIED ELECTORS OF EACH DISTRICT, PROVIDE THAT TWO MEMBERS MUST BE ELECTED AT-LARGE FROM THE SCHOOL DISTRICT, PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES, THE METHOD OF DETERMINING CANDIDATES, AND A PROCEDURE FOR FILLING VACANCIES.
Rep. KIRSH explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3750 (Word version) -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McGee, M. McLeod, Meacham-Richardson, Miller, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Wilder, Wilkins, Witherspoon, Woodrum, Young-Brickell and Lucas: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
The motion period was dispensed with on motion of Rep. RICE.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1A (Doc Name COUNCIL\SKB\AMEND\18306SOM00), 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, as last amended by Act 458 of 1996, is further 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. This act takes effect upon approval by the Governor. /
Amend the bill further by striking the title and inserting:
/ TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT THE THIRD MONDAY OF JANUARY, MARTIN LUTHER KING, JR. DAY, AND THE TENTH DAY OF MAY, CONFEDERATE MEMORIAL DAY, ARE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE THE NINETEENTH DAY OF JANUARY, ROBERT E. LEE'S BIRTHDAY, AND THE THIRD DAY OF JUNE, JEFFERSON DAVIS' BIRTHDAY, AS HOLIDAYS; TO DELETE REFERENCES TO OPTIONAL HOLIDAYS; AND TO DELETE GENERAL ELECTION DAYS AS LEGAL HOLIDAYS. /
Rep. HARRISON explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. KNOTTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Barrett Bowers Breeland Brown, G. Brown, T. Campsen Canty Clyburn Cobb-Hunter Cotty Delleney Edge Emory Gilham Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hosey Huggins Inabinett Jennings Keegan Kelley Lee Limehouse Lloyd Lourie Lucas Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Taylor Tripp Webb Whatley Wilder Wilkes Wilkins Woodrum
Those who voted in the negative are:
Altman Barfield Brown, H. Cato Chellis Cooper Dantzler Davenport Easterday Frye Gamble Govan Hamilton Hinson Howard Kirsh Knotts Koon Law Leach Littlejohn Loftis Martin McKay Rice Riser Stuart Townsend Trotter Walker Whipper Witherspoon Young-Brickell
So, the amendment was adopted.
Rep. ROBINSON proposed the following Amendment No. 6A (Doc Name COUNCIL\SKB\AMEND\18328SOM00), which was tabled:
Amend the bill, as and if amended, in Section 53-5-10 as contained in SECTION 1, page (60-1), line 31 by striking / day / and inserting /Day / Civil Rights Day /
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Cotty Delleney Edge Emory Gamble Gourdine Govan Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hosey Howard Huggins Inabinett Jennings Keegan Lee Limehouse Lloyd Lourie Lucas Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rutherford Scott Seithel Sheheen Smith, D. Smith, F. Smith, J. Smith, R. Stuart Taylor Tripp Webb Whatley Wilder Wilkes Wilkins Woodrum
Those who voted in the negative are:
Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Easterday Frye Gilham Hamilton Hinson Kelley Kirsh Klauber Knotts Koon Law Leach Littlejohn Loftis Martin McKay Perry Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Stille Townsend Trotter Walker Witherspoon Young-Brickell
So, the amendment was tabled.
Reps. ROBINSON and YOUNG-BRICKELL proposed the following Amendment No. 8A (Doc Name COUNCIL\SKB\ AMEND\18332SOM00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION __. Section 53-3-80 of the 1976 Code is amended to read:
"Section 53-3-80. The third monday of January fifteenth of each year, Dr. Martin Luther King, Jr.'s birthday, is hereby declared to be Martin Luther King, Jr. Day in South Carolina." /
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. COTTY spoke in favor of the amendment.
The amendment was then adopted.
Rep. ALTMAN proposed the following Amendment No. 9A (Doc Name COUNCIL\SKB\AMEND\18330SOM00), which was tabled:
Amend the bill, as and if amended, in Section 53-5-10 of the 1976 Code as contained in SECTION 1, by adding a new paragraph at the end of the section to read:
/ On the Martin Luther King, Jr. holiday provided above, all state and local public buildings in this State where the general public is usually permitted regular entry shall display photographs or likenesses of Dr. King in his honor. /
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. ALTMAN demanded the yeas and nays which were not ordered.
The amendment was then tabled.
Rep. ALTMAN proposed the following Amendment No. 10A (Doc Name COUNCIL\SKB\AMEND\18331SOM00), which was tabled:
Amend the bill, as and if amended, in Section 53-5-10 as contained in SECTION 1, page (60-2), line 8, by adding a new paragraph after / exceeded. / to read:
/ On Confederate Memorial Day, the tenth day of May, from dawn to dusk, the State and its political subdivisions must prominently and honorably display or fly the South Carolina Infantry Battle Flag of the Confederate States of America (the battle flag of the Army of Northern Virginia [General Robert E. Lee's Army]) at all public buildings. /
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to.
Rep. ALTMAN proposed the following Amendment No. 11A (Doc Name COUNCIL\SKB\AMEND\18327SOM00), which was tabled:
Amend the bill, as and if amended, in Section 53-5-10 as contained in SECTION 1, page (60-1), lines 30-31 by striking / Martin Luther King, Jr. day / and inserting / Civil Rights Heritage Day /.
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Campsen Canty Carnell Clyburn Cobb-Hunter Cotty Delleney Edge Emory Gilham Gourdine Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hosey Huggins Inabinett Jennings Keegan Kelley Klauber Lee Limehouse Lloyd Lourie Lucas Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Robinson Rodgers Rutherford Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Taylor Tripp Webb Whatley Wilder Wilkes Wilkins Woodrum
Those who voted in the negative are:
Altman Barfield Barrett Brown, H. Cato Chellis Cooper Dantzler Davenport Easterday Frye Gamble Govan Hamilton Hinson Howard Kirsh Knotts Koon Law Leach Littlejohn Loftis Martin McKay Rice Riser Sandifer Sharpe Stuart Townsend Trotter Walker Witherspoon Young-Brickell
So, the Bill, as amended, was read the second time and ordered to third reading.
I had to attend a function in my district. Had I been there, I would have voted against S. 60.
Rep. Ron Fleming
I cast a no vote on S. 60 because persons eligible to take the MLK day have expressed their wish to observe this day or take an optional day.
Rep. Dwight Loftis
Rep. QUINN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4897 (Word version) -- Reps. Knotts, Koon, Frye, Gamble, Huggins, Riser and Stuart: A CONCURRENT RESOLUTION SALUTING WAYNE WILSON OF LEXINGTON COUNTY FOR HIS TWENTY YEARS OF OUTSTANDING, DEDICATED SERVICE AS POLICE CHIEF OF THE TOWN OF SOUTH CONGAREE.
At 5:10 p.m. the House, in accordance with the motion of Rep. H. BROWN, adjourned in memory of Floyd Melton Farley of Hanahan, to meet at 10:00 a.m. tomorrow.
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