Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:30 p.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
O God Who rules the world in majesty but yet Who loves each of us as though we were Your only child, make wise our minds and refine our thinking. Keep us from impatience, irritability and tempers too quick. Save us from eyes focused on the faults of others and tongues tuned to criticism. And when evening is come, may we rest in that peace which inevitably comes that we have kept the Golden Rule: "Do unto others as you would have others do for you." Endow us each one, with gentleness, goodness and understanding. 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 Friday, the SPEAKER ordered it confirmed.
Rep. J. BROWN moved that when the House adjourns, it adjourn in memory of Marion Johnson, which was agreed to.
The House stood in silent prayer for former Representative Marion "Son" Kinon and his recovery due to illness.
The following was received and referred to the appropriate committee for consideration:
Document No. 2521
Agency: Jobs-Economic Development Authority
Statutory Authority: 1976 Code Section 43-41-90
Loan Eligibility Requirements
Received by Speaker of the House of Representatives
May 8, 2000
Referred to Ways and Means Committee
Legislative Review Expiration September 5, 2000 (Subject to Sine Die Revision)
The following was received:
Columbia, S.C., May 4, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators LAND, WILSON and ANDERSON of the Committee of Free Conference on the part of the Senate on H. 4340:
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 4, 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 Free Conference on H. 4340:
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
Very respectfully,
President
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received:
Columbia, S.C., May 4, 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. 1130:
S. 1130 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE ATTORNEY GENERAL TO BRING AN ACTION TO ENJOIN A VIOLATION OF THIS ARTICLE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 4, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators BRYAN, GLOVER and GREGORY of the Committee of Free Conference on the part of the Senate on H. 3509:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J. H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 4, 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 Free Conference on H. 3509:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J. H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 4, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators MCCONNELL, LEVENTIS and PASSAILAIGUE of the Committee of Free Conference on the part of the Senate on H. 3782:
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.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 4, 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 Free Conference on H. 3782:
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.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 4, 2000
Mr. Speaker and Members of the House:
The report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act and the Act enrolled for ratification:
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" 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 GIFT OF LAND FOR CONSERVATION OR FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE WHEN DONATED AFTER JUNE 30, 2000, 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 LANDS AND 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 TRANSACTIONS 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 OR DONATION OF LAND 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.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., May 9, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4336:
H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, Kirsh, McGee and Meacham-Richardson: A BILL TO AMEND SECTION 59-40-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS AND THE ADMISSION OF STUDENTS TO CHARTER SCHOOLS, SO AS TO PROVIDE THAT STATE FORMULA FUNDING FOR A CHARTER SCHOOL SHALL BE COMPUTED WITHOUT REGARD TO THE RACIAL COMPOSITION OF THE CHILDREN ELIGIBLE TO ATTEND THE SCHOOL AND TO DELETE A REQUIREMENT THAT CHARTER SCHOOL ENROLLMENT MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE SCHOOL DISTRICT BY MORE THAN TEN PERCENT.
Very respectfully,
President
On motion of Rep. TOWNSEND, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. TOWNSEND, WALKER and GILHAM to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5044 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 50-23-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE THIRTY DOLLAR APPLICATION FEE FOR A MOTORBOAT REGISTRATION NUMBER, SO AS TO DECREASE THE FEE TO TWENTY DOLLARS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5045 (Word version) -- Reps. Robinson, Hamilton, Rice, Sheheen and Simrill: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2000-2001 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Referred to Committee on Ways and Means
H. 5046 (Word version) -- Rep. Campsen: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN CHARLESTON COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
On motion of Rep. HARRELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5047 (Word version) -- Reps. Parks, Carnell and Klauber: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO RENUMBER THE PRECINCTS AND CHANGE THE MAP NUMBER ON WHICH THE PRECINCTS ARE DESIGNATED.
Rep. KLAUBER moved to waive Rule 5.12, which was agreed to by a division vote of 6 to 0.
On motion of Rep. PARKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1371 (Word version) -- Senator Passailaigue: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN CHARLESTON COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
On motion of Rep. HARRELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 5048 (Word version) -- Reps. Hosey and Rhoad: A HOUSE RESOLUTION TO CONGRATULATE THE SCHOOL OFFICIALS, COACHES, AND MEMBERS OF THE JEFFERSON DAVIS ACADEMY "LADY RAIDERS" BASKETBALL TEAM ON THE OCCASION OF THEIR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION 2000 CLASS A GIRLS BASKETBALL CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 5049 (Word version) -- Reps. Hosey and Rhoad: A HOUSE RESOLUTION TO CONGRATULATE THE SCHOOL OFFICIALS OF BLACKVILLE-HILDA HIGH SCHOOL, COACHES, AND MEMBERS OF THE BLACKVILLE-HILDA "LADY HAWKS" BASKETBALL TEAM ON THE OCCASION OF THEIR WINNING THE 1999-2000 GIRLS CLASS A STATE CHAMPIONSHIP IN BASKETBALL.
The Resolution was adopted.
On motion of Rep. WILDER, with unanimous consent, the following was taken up for immediate consideration:
H. 5050 (Word version) -- Reps. Wilder, Carnell and Taylor: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CLINTON HIGH SCHOOL "RED DEVILS" MEN'S TENNIS TEAM, COACHES, STAFF, AND SCHOOL OFFICIALS, ON WEDNESDAY, MAY 17, 2000, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2000 CLASS AAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Clinton High School "Red Devils" Men's Tennis Team, coaches, staff, and school officials, on Wednesday, May 17, 2000, for the purpose of being recognized for winning the 2000 Class AAA State Championship.
The Resolution was adopted.
On motion of Rep. SIMRILL, with unanimous consent, the following was taken up for immediate consideration:
H. 5051 (Word version) -- Rep. Simrill: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO PAT RAMSEY, ON WEDNESDAY, MAY 10, 2000, FOR THE PURPOSE OF BEING RECOGNIZED FOR BEING NAMED MISS SENIOR SOUTH CAROLINA.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to Pat Ramsey on Wednesday, May 10, 2000, for the purpose of being recognized for being named Miss Senior South Carolina.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, H. Brown, J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Frye Gamble Gilham Gourdine Harrell Harrison Haskins Hawkins Hayes Hines, M. Hinson Hosey Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Pinckney Quinn Rice Riser Robinson Rodgers Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Stille Taylor Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, May 9.
Jesse Hines W.E. "Bill" Sandifer Ronald Townsend Alex Harvin Walter Lloyd Bill Cotty Anthony Harris Glenn Hamilton Denny Neilson Olin Phillips Leon Howard Harry Askins Todd Rutherford James Smith Ronald Fleming Jerry Govan Grady Brown Theodore Brown Thomas Rhoad H.B. "Chip" Limehouse
LEAVE OF ABSENCE
The SPEAKER granted Rep. STUART a leave of absence for the week to participate in a trade mission to Honduras.
The SPEAKER granted Rep. FLEMING a temporary leave of absence.
Announcement was made that Dr. Federick Reed of Charleston 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. 5025 (Word version)
Date: REMOVE:
05/09/00 ALLISON
The motion of Rep. TRIPP to reconsider the vote whereby the following Bill was given a second reading was taken up and rejected:
H. 4892 (Word version) -- Reps. Wilkins, McMahand and F. Smith: A BILL TO AMEND ACT 602 OF 1992, RELATING TO THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, SO AS TO PROVIDE THAT THE BOARD MAY ALSO RAISE THE SCHOOL MILLAGE AS NECESSARY, BUT AT A RATE NOT TO EXCEED FOUR MILLS IN ANY ONE YEAR, TO MAINTAIN A TEACHER SALARY SCHEDULE EQUAL TO THE SALARY SCHEDULE OF ANY OTHER SCHOOL DISTRICT IN THIS STATE.
The Bill was then read the third time and ordered sent to the Senate.
The following Bill was taken up:
S. 1039 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "SERVICE CONTRACTS MODEL ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 78, SO AS TO REGULATE THE SALE OF SERVICE CONTRACTS FOR THE REPAIR, REPLACEMENT, OR MAINTENANCE OF PROPERTY NORMALLY USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, EXCLUDING, AMONG OTHER THINGS, WARRANTIES AND MAINTENANCE AGREEMENTS; TO REQUIRE ADMINISTRATORS OF SERVICE CONTRACTS TO REGISTER WITH THE DEPARTMENT OF INSURANCE; TO REQUIRE THOSE PROVIDING SERVICE UNDER A CONTRACT TO DEMONSTRATE FINANCIAL RESPONSIBILITY; TO PROVIDE FOR THE REQUIREMENTS OF A REIMBURSEMENT POLICY WHEN SUCH A POLICY INSURES A SERVICE CONTRACT; TO SPECIFY THE FORM AND CONTENT OF SERVICE CONTRACTS; TO REQUIRE SERVICE CONTRACT ADMINISTRATORS TO MAINTAIN ACCURATE ACCOUNTS AND RECORDS; TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO CONDUCT INVESTIGATIONS AND HEARINGS IN ENFORCING THE PROVISIONS OF THIS CHAPTER; AND TO PROVIDE CIVIL PENALTIES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7213JM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Service Contracts Model Act".
SECTION 2. Title 38 of the 1976 Code is amended by adding:
Section 38-78-10. (A) The purpose of this chapter is to create a legal framework within which service contracts may be sold in this State.
(B) This chapter does not apply to:
(1) warranties;
(2) maintenance agreements;
(3) commercial transactions;
(4) warranties, service contracts, or maintenance agreements offered by public utilities on their transmission devices to the extent they are regulated by the Public Service Commission or the Department of Health and Environmental Control;
(5) service contracts sold or offered for sale to persons other than consumers.
(C) Motor vehicle manufacturer's service contracts on the motor vehicle manufacturer's products shall comply with Sections 38-78-50 (A) and (D), to (N), Section 38-78-60, and Section 38-78-100, as applicable.
(D) The types of agreements referred to in subsection (B) of this section do not have to comply with any provision of the insurance laws of this State.
Section 38-78-20. As used in this chapter:
(1) 'Administrator' means the person who is responsible for the administration of the service contracts or the service contracts plan or who is responsible for any filings required by this chapter.
(2) 'Director' means the Director of the Department of Insurance.
(3) 'Consumer' means a natural person who buys other than for purposes of resale any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or research purposes.
(4) 'Maintenance agreement' means a contract of limited duration that provides for scheduled maintenance only.
(5) 'Motor vehicle manufacturer' means a person that:
(a) manufactures or produces motor vehicles and sells motor vehicles under its own name or label;
(b) is a wholly owned subsidiary of the person who manufactures or produces motor vehicles;
(c) is a corporation which owns one hundred percent of the person who manufactures or produces motor vehicles;
(d) does not manufacture or produce motor vehicles, but sells motor vehicles under its trade name label;
(e) manufactures or produces motor vehicles and sells such motor vehicles under the trade name or label of another person; or
(f) does not manufacture or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person that sells motor vehicles under the licensor's trade name or label.
(6) 'Nonoriginal manufacturer's parts' means replacement parts not made for or by the original manufacturer of the property commonly referred to as 'after market parts'.
(7) 'Person' means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert.
(8) 'Premium' means the consideration paid to an insurer for a reimbursement insurance policy.
(9) 'Provider' means a person who is contractually obligated to the service contract holder under the terms of the service contract.
(10) 'Provider fee' means the consideration paid for a service contract.
(11) 'Reimbursement insurance policy' means a policy of insurance issued to a provider to either provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider.
(12) 'Service contract' means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances including, but not limited to, towing, rental, and emergency road service. Service contracts may provide for the repair, replacement, or maintenance of property for damage resulting from power surges and accidental damage from handling.
(13) 'Service contract holder' or 'contract holder' means a person who is the purchaser or holder of a service contract.
(14) 'Warranty' means a warranty made solely by the manufacturer, importer, or seller of property or services without charge, that is not negotiated or separated from the sale of the product, that is incidental to the sale of the product, and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property or repetition of services.
Section 38-78-30. (A) A provider may, but is not required to, appoint an administrator or other designee to be responsible for any or all of the administration of service contracts and compliance with this chapter.
(B) A service contract must not be issued, sold, or offered for sale in this State unless the provider or its designee has:
(1) provided a receipt for, or other written evidence of, the purchase of the service contract to the contract holder;
(2) provided a copy of the service contract to the service contract holder within a reasonable period of time from the date of purchase; and
(3) complied with this chapter.
(C) Each provider of service contracts sold in this State shall file a registration with the director on a form prescribed by the director. Each provider shall pay to the department a fee of two hundred dollars annually.
(D) In order to assure the faithful performance of a provider's obligations to its contract holders each provider shall be responsible for complying with the requirements of either item (1), (2), or (3) of this subsection (D):
(1) insure all service contracts under a reimbursement insurance policy issued by an insurer authorized to transact insurance business in this State or issued pursuant to Section 38-45-110; or
(2)(a) maintain a funded reserve account for its obligations under its service contracts issued and outstanding in this State. The reserves may not be less than forty percent of gross consideration received, less claims paid, on the sale of the service contract for all in-force contracts. The reserve account is subject to examination and review by the director; and
(b) place in trust with the director a financial security deposit having a value of not less than five percent of the gross consideration received, less claims paid, on the sale of the service contract for all service contracts issued and in force, but not less than twenty-five thousand dollars, consisting of one of the following:
(i) a surety bond issued by an authorized surety;
(ii) securities of the type eligible for deposit by authorized insurers in this State;
(iii) cash;
(iv) a letter of credit issued by a qualified financial institution; or
(v) another form of security prescribed by regulations promulgated by the director; or
(3)(a) maintain or its parent company maintain, a net worth or stockholder's equity of one hundred million dollars; and
(b) upon request, provide the director with a copy of the provider's, or the provider's parent company's, most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission (SEC) within the last calendar year, or if the provider or the provider's parent company does not file with the SEC, a copy of the provider's or the provider's parent company's audited financial statements which show a net worth of the provider or its parent company of at least one hundred million dollars. If the provider's parent company's Form 10-K, Form 20-F, or audited financial statements are filed to meet the provider's financial stability requirement, then the parent company shall agree to guarantee the obligations of the provider relating to service contracts sold by the provider in this State.
(E) Except for the requirements specified in subsection (D) of this section, no other financial security requirements shall be required by the director for service contract providers.
(F) Service contracts shall require the provider to permit the service contract holder to return the service contract within twenty days of the date the service contract was mailed to the service contract holder or within ten days of delivery if the service contract is delivered to the service contract holder at the time of sale or within a longer time period permitted under the service contract. Upon return of the service contract to the provider within the applicable time period, if no claim has been made under the service contract prior to its return to the provider, the service contract is void and the provider shall refund to the service contract holder, or credit the account of the service contract holder, with the full purchase price of the service contract. The right to void the service contract provided in this subsection is not transferable and shall apply only to the original service contract purchaser and only if no claim has been made prior to its return to the provider. A ten percent penalty per month shall be added to a refund that is not paid or credited within forty-five days after return of the service contract to the provider.
(G) If the provider cancels the service contract, the provider shall mail a written notice to the contract holder at the last known address of the service contract holder contained in the records of the provider at least fifteen days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation.
(H) Provider fees collected on service contract are not subject to premium taxes.
(I) Except for the registration requirements in subsection (C) of this section, providers and related service contract sellers, administrators, and other persons marketing, selling, or offering to sell service contracts are exempt from state licensing requirements.
(J) The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of service contracts by providers and related service contract sellers, administrators, and other persons shall be exempt from all other provisions of Title 38.
Section 38-78-40. (A) Reimbursement insurance policies insuring service contracts issued, sold, or offered for sale in this State shall conspicuously state that the insurer that issued the policy shall either reimburse or pay on behalf of the provider any covered sums the provider is legally obligated to pay or in the event of the provider's nonperformance, shall provide the service which the provider is legally obligated to perform according to the provider's contractual obligations under the service contracts issued or sold by the provider.
(B) In the event covered service is not provided by the service contract provider within sixty days of proof of loss by the service contract holder, the contract holder is entitled to apply directly to the reimbursement insurance company.
Section 38-78-50. (A) Service contracts marketed, issued, sold, offered for sale, made, proposed to be made, or administered in this State shall be written, printed, or typed in clear, understandable language that is easy to read and shall disclose the requirements in this section as applicable.
(B) Service contracts insured under a reimbursement insurance policy pursuant to Section 38-78-30(D)(1) shall contain a statement in substantially the following form: 'Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.' The service contract shall also conspicuously state the name and address of the insurer.
(C) Service contracts not insured under a reimbursement insurance policy pursuant to Section 38-78-30(D)(1) of this chapter shall contain a statement in substantially the following form: 'Obligations of the provider under this service contract are backed by the full faith and credit of the provider.' A claim against the provider shall also include a claim for return of the unearned provider fee. The service contract shall also conspicuously state the name and address of the provider.
(D) Service contracts shall identify any administrator, if different from the providers, the provider obligated to perform the service under the contract, the service contract seller, and the service contract holder to the extent that the name of the service contract holder has been furnished by the service contract holder. The identities of such parties are not required to be preprinted on the service contract and may be added to the service contract at the time of sale.
(E) Service contracts shall conspicuously state the total purchase price and the terms under which the service contract is sold. The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.
(F) If prior approval of repair work is required, the service contracts shall conspicuously state the procedure for obtaining prior approval and for making a claim, including either a toll-free telephone number for claim service or a procedure for obtaining emergency repairs performed outside of normal business hours.
(G) Service contracts shall conspicuously state the existence of any deductible amount, if applicable.
(H) Service contracts shall specify the merchandise and services to be provided and any limitations, exceptions, or exclusions.
(I) Service contracts covering automobiles shall state the conditions upon which the use of nonoriginal manufacturers' parts, or substitute service, may be allowed. Conditions stated shall comply with applicable state and federal laws.
(J) Service contracts shall state any restrictions governing the transferability of the service contract, if applicable.
(K) Service contracts shall state the terms, restrictions, or conditions governing cancellation of the service contract prior to the termination or expiration date of the service contract by either the provider or the service contract holder.
(L) Service contracts shall set forth all of the obligations and duties of the service contract holder, such as the duty to protect against any further damage and any requirement to follow the owner's manual.
(M) Service contracts shall clearly state whether or not the service contract provides for or excludes consequential damages or preexisting conditions, if applicable.
(N) Service contracts must disclose the right of the service contract holder to return the contract and receive a full refund pursuant to Section 38-78-30(F).
Section 38-78-60. (A) A provider may not use in its name the words 'insurance', 'casualty', 'guaranty', 'surety', 'mutual', or any other words descriptive of the insurance, casualty, guaranty, or surety business or a name deceptively similar to the name or description of any insurance or surety corporation or any other provider. This section does not apply to a company that was using any of the prohibited language in its name before the effective date of this chapter. However, a company using the prohibited language in its name shall conspicuously include in its service contracts a statement in substantially the following form: 'This agreement is not an insurance contract'.
(B) A provider or its representative in its service contracts or literature may not make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted, in connection with the sale, offer to sell, or advertisement of a service contract.
(C) A person such as a bank, savings and loan association, lending institution, manufacturer or seller of any product shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property.
Section 38-78-70. (A) A provider shall maintain accurate accounts, books, and records concerning transactions regulated under this chapter which shall include:
(1) copies of each type of service contract issued;
(2) the name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder;
(3) a list of the locations where service contracts are marketed, sold, or offered for sale; and
(4) recorded claims files which shall contain at least the dates and description of claims related to the service contracts.
Except as provided in subsection (B), the provider shall retain all records required to be maintained by this section for at least one year after the specified period of coverage has expired.
The records required under this chapter may be, but are not required to be, maintained on a computer disk or other record-keeping technology. If records are maintained in other than hard copy, the records must be capable of duplication to legible hard copy at the request of the director.
(B) A provider discontinuing business in this State shall maintain its records until it furnishes the director satisfactory proof that it has discharged all obligations to contract holders in this State.
(C) The provider shall make all accounts, books, and records concerning transactions regulated under this chapter, or other pertinent laws, available to the director upon request.
Section 38-78-80. As applicable, an insurer that issued a reimbursement insurance policy may not terminate the policy until a notice of termination in accordance with Chapter 75 of this title has been mailed or delivered to the director. The termination of a reimbursement insurance policy does not reduce the issuer's responsibility for service contracts issued by providers before the date of the termination.
Section 38-78-90. (A) Insurers issuing reimbursement insurance to providers are deemed to have received the premiums for such insurance upon the payment of provider fees by consumers for service contracts issued by such insured providers.
(B) This chapter does not prevent or limit the right of an insurer which issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the issuer pays, or is obligated to pay, the service contract holder sums that the provider was obligated to pay pursuant to the provisions of the service contract or under a contractual agreement.
Section 38-78-100. (A) The director may conduct investigations or examinations of providers, administrators, insurers, or other persons to enforce the provisions of this chapter and protect service contract holders in this State. Upon request of the director, the provider shall make all accounts, books, and records concerning service contracts sold by the provider available to the director which are necessary to enable the director to reasonably determine compliance or noncompliance with this chapter.
(B) The director may take action which is necessary or appropriate to enforce the provisions of this chapter and the director's regulations and orders and to protect service contract holders in this State.
If a service contract provider violates a provision of this chapter, a regulation promulgated under this chapter, or an order issued by the director, the director may:
(1) order the service contract provider to cease and desist from committing the violation;
(2) issue an order prohibiting a service contract provider from selling or offering for sale service contracts;
(3) issue an order imposing a civil penalty; or
(4) any combination of these.
(C) A person aggrieved by an order issued under this section may request a hearing before the director. The hearing request must be filed with the director within twenty days of the date the director's order is effective.
Pending the hearing and the decision by the director, the director shall suspend the effective date of the order.
At the hearing, the burden is on the director to show why the order issued pursuant to this section is justified. If the issuance of the order is upheld by the director, the person may file an appeal with the Administrative Law Judge Division.
(D) The director may bring an action under the Administrative Law Judge Division or in circuit court for an injunction or other appropriate relief to enjoin threatened or existing violations of this chapter or of the director's orders or regulations. An action filed under this section may also seek restitution on behalf of persons aggrieved by a violation of this chapter or orders or regulations of the director.
(E) A person in violation of this chapter or an order or regulation of the director may be assessed a civil penalty not to exceed one thousand dollars per violation and no more than ten thousand dollars in the aggregate for all violations of a similar nature; provided however, that if a person is found by a court of competent jurisdiction to have been in wilful violation of this chapter or an order or regulation of the director, then such person is subject to a penalty of one thousand dollars per violation with no aggregate limit.
For purposes of this section, violations of a similar nature, which are considered technical and unintentional by the Department of Insurance lacking the requisite wilful intent, are subject to the ten thousand dollar aggregate penalty limit and are defined as a violation which consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the act, conduct, or practice which is determined to be a violation of this chapter occurred.
(F) The authority of the director under this section is in addition to other authority of the director as provided by law.
Section 38-78-110. The director may promulgate regulations necessary to effectuate this chapter.
Section 38-78-120. If any provision of this chapter, or the application of the provision to any person or circumstances, is held invalid, the remainder of the chapter, and the application of the provision to a person or circumstances other than those as to which it is held invalid, is not affected."
SECTION 3. Service contracts entered into prior to October 1, 2000, and renewals thereof, may, but are not required, to comply with Chapter 78, Title 38 of 1976 Code of Laws. Providers and other persons are not required to comply with said chapter until October 1, 2000. A provider or other person may, but is not required to, implement the requirements of said chapter prior to October 1, 2000. The failure of a provider or other person to comply with said chapter, or otherwise to administer a service contract plan in the manner required by that chapter, prior to October 1, 2000, shall not be admissible in any court, arbitration, or alternative dispute resolution proceeding or otherwise used to prove that the action of any person, or the service contract, was unlawful or otherwise improper.
SECTION 4. This act takes effect October 1, 2000. /
Amend title to conform.
Rep. TRIPP explained the amendment.
Rep. SCOTT moved to adjourn debate on the Bill until Wednesday, May 10, which was agreed to.
The following Bill was taken up:
S. 952 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARCHITECT LICENSE RENEWAL, SO AS TO REQUIRE COMPLETION OF CONTINUING EDUCATION REQUIREMENTS AS A CONDITION OF RENEWAL.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\12040AC00), which was adopted:
Amend the bill, as and if amended, Section 40-3-250(A) page 1, line 26 by deleting /, and/ and inserting /. and The requirements, consisting of twelve continuing education hours annually, shall include at least eight continuing education hours in topics related to safeguarding health, safety, and welfare and four continuing education hours in practice-related topics. Individuals and firms/ so when amended Section 40-3-250(A) reads:
/"(A) An individual and firm licensed under this chapter shall satisfy license renewal requirements as established by the board in regulation, which shall include continuing education requirements for individuals. and The requirements, consisting of twelve continuing education hours annually, shall include at least eight continuing education hours in topics related to safeguarding health, safety, and welfare and four continuing education hours in practice-related topics. Individuals and firms annually shall pay the required renewal fee on a date set by the board in order to continue practicing architecture in South Carolina."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY 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:
S. 560 (Word version) -- Senator Alexander: A BILL TO AMEND TITLE 40, CHAPTER 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\12050AC00), which was adopted:
Amend the bill, as and if amended, Section 40-60-10(B) page 31, beginning on line 9 after /Governor/ by deleting /with the advice and consent of the Senate/ so when amended Section 40-60-10(B) reads:
/(B) The South Carolina Real Estate Appraisers Board consists of seven members who must be residents of this State and appointed by the Governor with consideration given to appropriate geographic representation and to areas of appraisal expertise as follows:
(1) One member must be a public member who may not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending.
(2) One member must be a licensed real estate broker who is not a real estate appraiser.
(3) One member must be actively engaged in mortgage lending, representing supervised financial institutions, who is not a real estate licensee or a real estate appraiser and who also must not be connected in any way with the brokerage of real estate, the appraisal of real estate, or the review of real estate appraisals.
(4) Four members must be licensed or certified appraisers, actively engaged in real estate appraisal for at least three years, at least two of whom must be certified general appraisers.
In appointing real estate appraisers to the board, while not automatically excluding other appraisers, the Governor shall give preference to real estate appraisers whose primary source of income is derived from appraising real estate and not real estate brokerage. /
Amend the bill further, Section 40-60-20 page 32, by deleting item (2) on lines 11 through 15 and inserting:
/ (2) 'Appraisal' as a noun means the act or process of developing an opinion of value for or in expectation of compensation, fee, or other consideration; as an adjective, 'appraisal' means of or pertaining to appraising and related functions including, but not limited to, appraisal practice and appraisal services./
Amend the bill further, Section 40-60-20 page 33, immediately after line 13 by inserting:
/ (13) 'Independent appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion related to the nature, quality, value, or utility of identified real estate or identified real property./
Amend the bill further, Section 40-60-20 page 33, beginning on line 14 by deleting items (13) through (17) and inserting:
/ (14) 'Market analysis' means a study of real estate market conditions for a specific type of property.
(15) 'Mass appraisal' means the process of valuing a universe of properties as of a given date using standard methodology, employing common data, and allowing for statistical testing.
(16) 'Mass appraiser' means any appraiser who is employed in the office of a tax assessor to appraise real property for ad valorem tax purposes and who is licensed or certified as a mass appraiser.
(17) 'Non-complex residential property appraisal' means one in which the property to be appraised, the form of ownership, and market conditions are those which are typically found in the subject market.
(18) 'Person' means an individual, corporation, partnership, or association, foreign and domestic./
Amend the bill further, Section 40-60-20 page 33, beginning on line 28 by deleting item (18) and inserting:
/ (19) 'Real estate' means an identified parcel or tract of land including improvements, if any./
Amend the bill further, Section 40-60-20 page 33, beginning on line 31 by deleting item (19) and inserting:
/ (20) 'Real estate appraisal activity' means the act or process of valuing real estate or real property and preparing an appraisal report./
Amend the bill further, Section 40-60-20 page 33, immediately after line 33 by inserting:
/ (21) 'Real property' means the interests, benefits, and rights inherent in the ownership of real estate./
Amend the bill further, Section 40-60-20 beginning on page 33, line 34 by deleting items (20) through (24) and inserting:
/ (22) 'Residential appraisal' is an appraisal of a vacant or improved parcel of land that is devoted to or available for use as a one-to-four family abode, including, but not limited to, a single family home, apartment, or rooming house.
(23) 'Specialized services' means services other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing studies, financing studies, and feasibility studies, valuations, analyses, opinions, and conclusions given in connection with activities, including, but not limited to, real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling.
(24) 'Standards of professional appraisal practice' or 'USPAP' means the Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of the Appraisal Foundation and adopted by the board.
(25) 'State certified general appraiser' means an appraiser authorized to engage in the appraisal of all types of real property.
(26) 'State certified general mass appraiser' means an appraiser authorized to engage in all types of real estate mass appraisal activity for ad valorem purposes./
Amend the bill further, Section 40-60-20(25) page 34, line 12 by deleting /(25)/ and inserting /(27)/ and on line 14 after /complexity/ by inserting /and nonresidential appraisals with a transaction value less than two hundred fifty thousand dollars/ so when amended Section 40-60-20(25) reads:
/ (27) 'State certified residential appraiser' means an appraiser authorized to engage in the appraisal of one to four residential units without regard to transaction value or complexity and nonresidential appraisals with a transaction value less than two hundred fifty thousand dollars./
Amend the bill further, Section 40-60-20(26) page 34, line 15 by deleting /(26)/ and inserting /(28)/; on line 16 by deleting /any/; and on line 17 after /complexity/ by inserting /and nonresidential appraisals with a transaction value less than two hundred fifty thousand dollars/ so when amended Section 40-60-20(26) reads:
/ (28) 'State certified residential mass appraiser' means an appraiser authorized to engage in the mass appraisal of any one to four residential units without regard to value or complexity and nonresidential appraisals with a transaction value less than two hundred fifty thousand dollars./
Amend the bill further, Section 40-60-20(27) page 34, line 18 by deleting /(27)/ and inserting /(29)/; on line 21 after /units/ by inserting /and nonresidential appraisals/ so when amended, Section 40-60-20(27) reads:
/ (29) 'State licensed appraiser' means an appraiser authorized to engage in the appraisal of non-complex one to four residential units having a transaction value less than one million dollars and complex one to four residential units and nonresidential appraisal having a transaction value less than two hundred fifty thousand dollars./
Amend the bill further, Section 40-60-20(28) page 34, line 23, by deleting /(28)/ and inserting /(30)/; line 25 before /value/ by inserting /transaction/; line 26 after /units/ by inserting /and nonresidential appraisals/; and line 26 before /value/ by inserting /transaction/ so when amended Section 40-60-20(28) reads:
/ (30) 'State licensed mass appraiser' means an appraiser authorized to engage in the mass appraisal of noncomplex one to four residential units having a transaction value less than one million dollars and complex one to four residential units and nonresidential appraisals having a transaction value less than two hundred fifty thousand dollars./
Amend the bill further, Section 40-60-20 page 34, beginning on line 28 by deleting items (29) and (30) and inserting:
/ (31) 'Timberland' means forest land that is producing, or is capable of producing, timber as a crop.
(32) 'Valuation' means an estimate of the value of real estate or real property. /
Amend the bill further, Section 40-60-100(2) page 36 line 24 after /licensed/ by deleting /real estate/ so when amended Section 40-60-100(2) reads:
/ (2) To qualify as a state licensed appraiser, an applicant must:
(a) furnish evidence that he has successfully completed within the past five years at least ninety hours of courses approved by the board;
(b) demonstrate two thousand hours of appraisal experience since January 1, 1992, but in not less than twenty-four months including, but not limited to, fee and staff appraisal, ad valorem tax appraisal not to exceed forty percent of the total hours claimed, review appraisal, appraisal analysis, highest and best use analysis, and feasibility analysis/study. The verification for experience credit claimed by an applicant must be by affidavit on forms prescribed by the board;
(c) pass an examination approved by the board. The only prerequisite to sit for the examination is completion of the educational requirements./
Amend the bill further, Section 40-60-100(3) page 36, line 40 after /residential/ by deleting /real estate/ so when amended Section 40-60-100(3) reads:
/ (3) To qualify as a state certified residential appraiser, an applicant must:
(a) furnish evidence that the applicant has successfully completed within the past five years at least one hundred twenty classroom hours of courses approved by the board;
(b) demonstrate two thousand five hundred hours of appraisal experience since January 1, 1992, but in not less than twenty-four months. Experience may include, but is not limited to, fee and staff appraisal, ad valorem tax appraisal not to exceed forty percent of the total hours claimed, review appraisal, appraisal analysis, highest and best use analysis, and feasibility analysis/study. The verification for experience credit claimed by an applicant must be by affidavit on forms prescribed by the board;
(c) pass an examination approved by the board. The only prerequisite to sit for the examination is completion of the educational requirements. /
Amend the bill further, Section 40-60-100(4) page 37, line 15 after /general/ by deleting /real estate/ so when amended Section 40-60-100(4) reads:
/ (4) To qualify as a state certified general appraiser an applicant must:
(a) furnish evidence that the applicant has successfully completed within the past five years at least one hundred eighty hours of courses approved by the board;
(b) demonstrate three thousand hours of appraisal experience since January 1, 1992, but in not less than thirty months and of which at least fifty percent must be in non-residential appraisal work. Experience may include, but is not limited to, fee and staff appraisal, ad valorem tax appraisal not to exceed forty percent of the total hours claimed, review appraisal, appraisal analysis, highest and best use analysis, and feasibility analysis/study. The verification for experience credit claimed by an applicant must be by affidavit on forms prescribed by the board;
(c) pass an examination approved by the board. The only prerequisite to sit for the examination is completion of the educational requirements;
(d) the qualifications for licensed mass appraiser, certified mass appraiser, or certified general mass appraiser are identical to those enumerated in this chapter for the comparable levels of licensed appraiser, certified residential appraiser, and certified general appraiser with the exception that one hundred percent of the required experience hours for the mass appraiser designations may be in the area of mass appraisals. /
Amend the bill further, Section 40-60-150(C)(3) page 43, line 8 after /writing/ by inserting /within thirty days/ so when amended Section 40-60-150(C)(3) reads:
/ (3) The board shall render a decision and shall serve notice, in writing within thirty days, of the board's decision to the applicant or appraiser charged. The board also shall state in the notice the date the ruling or decision becomes effective. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY 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:
S. 962 (Word version) -- Senators Moore, J. V. Smith and Alexander: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\12039AC00), which was adopted:
Amend the bill, as and if amended, Section 40-22-10(B) page 25, line 11 after /Governor/ by deleting /with the advice and consent of the Senate/ so when amended Section 40-22-10(B) reads:
/(B) The board shall consist of eight members appointed by the Governor. Five members must be professional engineers; two professional land surveyors, at least one of whom must be actively engaged in the practice of land surveying; and one from the general public appointed in accordance with Section 40-22-40. Members of the board shall serve for terms of five years and until their successors are appointed and qualify. A member of the board shall receive a certificate of his appointment from the Governor and before beginning his term of office shall file with the Secretary of State his written oath or affirmation for the faithful discharge of his official duty./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY explained the amendment.
The amendment was then adopted.
Rep. BAILEY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 767 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 6, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS, BY ADDING ARTICLE 3 SO AS TO PROVIDE THE SUBCONTRACTORS' AND SUPPLIERS' PAYMENT PROTECTION ACT, AND TO AMEND CHAPTER 6, TITLE 29, BY DESIGNATING SECTIONS 29-6-10 THROUGH 29-6-60 AS ARTICLE 1.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\ 18407SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 4 and inserting:
/ SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, May 16, which was adopted:
H. 5025 (Word version) -- Reps. Davenport and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT TWO ADDITIONAL MEMBERS MUST BE ADDED TO THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER APPOINTED BY A MAJORITY OF THE SPARTANBURG LEGISLATIVE DELEGATION.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1297 (Word version) -- Senators Short, Peeler, J. V. Smith, Leventis, Drummond, Anderson, Moore, Rankin, Giese, Waldrep and Saleeby: A BILL TO AMEND SECTIONS 40-15-80 AND 40-15-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS AND DENTAL TECHNICIANS, SO AS TO FURTHER DEFINE CERTAIN DENTAL PROCEDURES AND CONDITIONS UNDER WHICH THEY MAY BE ADMINISTERED.
Rep. PARKS explained the Bill.
H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.
Rep. MCGEE explained the Bill.
The following Bill was taken up:
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FORM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Rep. D. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3902MM00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) prescription eyeglass and contact lenses and raw materials used in the fabrication of such lenses when especially designed or prescribed by an ophthalmologist, physician, oculist, or optometrist for the personal use of the owner or purchaser, but this exemption does not extend to eyeglass frames;
(b) crutches, hospital beds, and wheelchairs;
(c) equipment, including manual control units, van lifts, van door opening units, and raised roofs, for attaching to or modifying a motor vehicle for use by a permanently physically disabled person;
(d) equipment, including elevators, dumbwaiters, chair lifts, and bedroom or bathroom lifts, whether or not sold for attaching to real property, for use by a permanently physically disabled person in that person's principal dwelling;
(e) equipment, including manual control units, for attaching to or modifying motorized implements of husbandry for use by permanently physically disabled persons;" /
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BROWN moved to adjourn debate upon the following Bill, which was adopted:
S. 985 (Word version) -- Senators Waldrep and Hayes: A BILL TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A PHARMACY TECHNICIAN AT A FREE CLINIC UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST IS NOT REQUIRED TO REGISTER OR TO PAY A REGISTRATION FEE.
The following Bill was taken up:
H. 3831 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 57-25-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO PROVIDE THAT COMPENSATION FOR THIS PURPOSE IS CONSIDERED TO BE FAIR MARKET VALUE OF THE PARTICULAR INTEREST OF EACH PARTY HAVING AN INTEREST IN THE LOCATION OF THE SIGN WHICH SHALL BE DETERMINED THROUGH APPRAISAL METHODS USED TO DETERMINE JUST COMPENSATION UNDER THE EMINENT DOMAIN PROCEDURE ACT, TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMPENSATION MUST BE PAID PRIOR TO THE REMOVAL OF SUCH SIGNS, AND TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE MAY REQUIRE THE REMOVAL OF AN EXISTING SIGN FOR REASONS OTHER THAN TRAFFIC SAFETY OR PROXIMITY TO SPECIFIED LOCATIONS; AND TO ADD SECTION 57-25-191 SO AS TO PROVIDE FOR ADDITIONAL PROCEDURAL REQUIREMENTS IN REGARD TO THE ENACTING OF ZONING PLANS OR ORDINANCES BY A POLITICAL SUBDIVISION RELATING TO OUTDOOR ADVERTISING SIGNS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7107CM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 57-25-190 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"(E) Notwithstanding a county or municipal zoning plan, ordinance, or resolution, outdoor advertising signs conforming to Section 57-25-110, et seq., affected by state highway projects may be relocated pursuant to the federal uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601, et seq.) to a position which is perpendicular to the right of way of the original sign site, or may be altered so that no portion of the sign overhangs the right of way."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SHARPE moved to adjourn debate upon the following Bill, which was adopted:
S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
The following Bill was taken up:
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
Rep. J. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. V. Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.
Rep. F. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 283 (Word version) -- Senators Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
Rep. J. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.
Rep. HARRELL explained the Senate Amendments.
Rep. F. SMITH raised the Point of Order that the Joint Resolution was out of order under Code Section 11-11-140 in that no surplus general fund revenue may be appropriated in excess of amounts officially recognized as such by the Board of Economic Advisors.
Rep. HARRELL argued that cash surpluses are not officially recognized as such by the Board of Economic Advisors.
SPEAKER WILKINS overruled the Point of Order.
Rep. SHEHEEN raised the Point of Order that Section B was out of order as not germane to the Joint Resolution in that it related to fiscal year 2000 and the Joint Resolution related to fiscal year 1998-99.
Rep. HARRELL argued that the Joint Resolution contained Senate amendments and that the Speaker could not rule on the propriety of those amendments.
SPEAKER WILKINS overruled the Point of Order.
Rep. SHEHEEN raised the Point of Order that Sections 3 and 4 of the Joint Resolution were out of order in that they attempted to amend permanent law.
SPEAKER WILKINS overruled the Point of Order.
The question then recurred to concurrence or non-concurrence in the Senate Amendments.
Rep. YOUNG-BRICKELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Edge Emory Frye Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Taylor Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Brown, T. Canty Cobb-Hunter Delleney Govan Inabinett Lloyd Moody-Lawrence Pinckney Scott Sheheen Stille Whipper
So, the Senate amendments were agreed to, and the Joint Resolution 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.
I inadvertently voted in the negative on H. 3699. It was my intention to vote in the affirmative on this measure. I would respectfully request that this statement reflect my true intentions.
Rep. Ralph W. Canty, Sr.
The Senate amendments to the following Bill were taken up for consideration:
H. 3029 (Word version) -- Rep. Mason: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.
Rep. CATO made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 3870 (Word version) -- Reps. J. Smith, Harrison, Altman, Bailey, Bales, Campsen, Dantzler, Davenport, Edge, Emory, Harvin, Hayes, Keegan, Kelley, Lloyd, Lourie, Mack, Martin, McGee, Ott, Sandifer, Sharpe and Stuart: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AGAINST PERSONS CONVICTED OF CRIME, BY ADDING ARTICLE 5 SO AS TO ENACT THE "SOUTH CAROLINA NOTORIETY FOR PROFIT ACT" WHICH SHALL PROVIDE PROCEDURES FOR THE RECOVERY OF PROFITS OBTAINED OR GENERATED FROM THE COMMISSION OF A CRIME BY ELIGIBLE PERSONS OR BY THE STATE OFFICE OF VICTIM ASSISTANCE AND TO REPEAL SECTIONS 15-59-40 THROUGH 15-59-80, RELATING TO MONEYS PAID INTO COURT.
Rep. CAMPSEN made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 4392 (Word version) -- Rep. Wilkes: A BILL TO AMEND CHAPTER 6 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF AUCTIONEERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF AUCTIONEERS.
Rep. CATO made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.
Rep. D. SMITH explained the Senate Amendments.
Reps. D. SMITH and CAMPSEN proposed the following Amendment No. 1A (Doc Name NBD\AMEND\12087AC00), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 of the bill and inserting /SECTION 1. Section 2 of this act may be cited as the 'Safe Haven for Abandoned Babies Act'./
Amend the bill further, Section 20-7-85(B)(2) page 2, by deleting lines 20 through 24 and inserting /provided by the Department of Social Services./
Amend the bill further, Section 20-7-85(C) page 3, line 11 by deleting /an infant/ and inserting /a child/
Amend the bill further, Section 20-7-85(G) page 4, line 25 after the /;/ by inserting /and/; and by deleting items (3) and (4) on lines 26 through 28 and inserting /(3) the infant is not more than thirty days old or the infant is reasonably determined by the hospital or hospital outpatient facility to be not more than thirty days old./
Amend the bill further, by adding appropriately numbered Sections to read:
/SECTION __. A. This section may be known as the "Unborn Victims Act".
B. Article 1, Chapter 3, Title 16 of the 1976 Code, is amended by adding:
"Section 16-3-90. (A) For purposes of all offenses arising out of the unlawful killing or battery of any 'person' or of 'another' in this chapter, the terms 'person' and 'another' include an unborn child at every stage of gestation in utero from conception until live birth.
(B) Nothing in this section may be construed to apply to, limit, or restrict a mother's constitutional right to privacy, and nothing in this section applies to an act or omission committed by the mother of an unborn child, to a lawful medical procedure performed by a physician or other licensed medical professional at the request of the mother of an unborn child or the mother's legal guardian, or to the lawful dispensation or administration of lawfully prescribed medication."
C. Article 1, Chapter 21, Title 50 of the 1976 Code, is amended by adding:
"Section 50-21-180. (A) For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth.
(B) Nothing in this section may be construed to apply to, limit, or restrict a mother's constitutional right to privacy, and nothing in this section applies to an act or omission committed by the mother of an unborn child."
D. Article 23, Chapter 5, Title 56 of the 1976 Code, is amended by adding:
"Section 56-5-2915. (A) For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth.
(B) Nothing in this section may be construed to apply to, limit, or restrict a mother's constitutional right to privacy, and nothing in this section applies to an act or omission committed by the mother of an unborn child."
Section __. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION __. If any section or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are hereby declared to be severable from other provisions./
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following Bill was taken up:
S. 1266 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT THE CONFEDERATE BATTLE FLAG SHALL BE REMOVED FROM ATOP THE STATE HOUSE, FROM THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND PLACED IN AN UNBREAKABLE GLASS DISPLAY CASE IN FRONT OF THE CONFEDERATE SOLDIER'S MONUMENT ON THE STATE HOUSE GROUNDS, TO PROVIDE THAT THE FIRST NATIONAL FLAG OF THE CONFEDERACY (STARS AND BARS) SHALL BE DISPLAYED AT THE WOMEN'S MONUMENT TO THE CONFEDERACY ON THE STATE HOUSE GROUNDS, AND TO PROVIDE THAT THE UNIVERSAL NEGRO IMPROVEMENT ASSOCIATION FLAG (BLACK LIBERATION FLAG) SHALL BE DISPLAYED AT THE AFRICAN AMERICAN MONUMENT ON THE STATE HOUSE GROUNDS; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE, BE DISPLAYED IN THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND IN THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21276SD00), which was rejected:
Amend the bill, as and if amended, by striking Section 1-10-10 of the 1976 Code, as contained in SECTION 1 and inserting:
/Section 1-10-10. (A) On the effective date of this section, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
On the effective date of this section, the Confederate flag (Naval Jack) must be removed from atop the dome of the State House and from the chambers of the Senate and the House of Representatives. The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. The flag authorized to be flown on the grounds of the Capitol Complex is 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), the South Carolina, Georgia, Florida Department version]. This flag must be erected simultaneously with the removal of the Confederate flag from atop the dome.
The South Carolina Infantry Battle Flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument and at a height of twenty feet. An appropriately decorative iron fence must be erected around the flagpole to keep secure the displayed and honored flag.
The South Carolina Infantry Battle Flag of the Confederate States of America is square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The total outside measurement of the flag is to be fifty-two inches square, inclusive of the white border. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.
From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.
(B) The provisions of subsection (A) of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
(C) The term 'chambers' of the House or Senate for purposes of this section does not include individual members' offices. Also, the provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a confederate flag.
Amend the bill further, as and if amended, in Section 10-1-160 of the 1976 Code, as contained in SECTION 2, by adding a new subsection (C) to read:
/(C) The term 'chambers' of the House or Senate for purposes of this section does not include individual members' offices. Also, the provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a confederate flag./
Amend the bill further, as and if amended, by striking SECTION 5 and inserting:
/SECTION 5. This act takes effect on July 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
Rep. SHEHEEN moved to adjourn debate on the amendment.
Rep. HARRISON moved to table the motion to adjourn debate.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bales Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McKay Meacham-Richardson Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Altman Bailey Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Emory Gamble Gourdine Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Whatley Whipper Wilder Wilkes
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bales Barfield Barrett Bowers Brown, H. Campsen Carnell Chellis Cotty Easterday Edge Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Keegan Kelley Klauber Law Leach Lee Limehouse Littlejohn Loftis Lucas Maddox Martin McGee McKay Neilson Perry Quinn Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Townsend Tripp Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Altman Bailey Battle Breeland Brown, G. Brown, J. Brown, T. Canty Cato Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Frye Gamble Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Kennedy Kirsh Knotts Koon Lanford Lloyd Lourie Mack McCraw McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Parks Phillips Pinckney Rhoad Rice Rutherford Scott Sheheen Smith, F. Smith, J. Taylor Trotter Whatley Whipper Wilkes
So, the amendment was rejected.
Rep. MEACHAM-RICHARDSON proposed the following Amendment No. 2 (Doc Name NBD\AMEND\12016AC00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) A statewide advisory referendum must be held at the same time as the 2000 general election to ascertain the wishes of the qualified electors of this State as to whether or not the Confederate Battle Flag should continue to be flown above the State House, and continue to be displayed above the rostrum in the chambers of the House of Representatives and the Senate. The State Election Commission must place the question contained in this section on the general election ballot in November, 2000. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State and each house of the General Assembly.
(B) The question put before the voters at the 2000 referendum shall read as follows:
"Do you favor continuing to fly the Confederate Battle Flag above the State House in Columbia and continuing to display the Confederate Battle Flag above the rostrum in the chambers of the House of Representatives and the Senate?
(C) The cost of the referendum shall be paid from funds appropriated to the State Election Commission and the results of the referendum shall be advisory only.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM-RICHARDSON explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. KLAUBER spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. SHARPE spoke in favor of the amendment.
Rep. INABINETT spoke against the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. MEACHAM-RICHARDSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Battle Breeland Brown, G. Brown, J. Brown, T. Campsen Canty Carnell Chellis Clyburn Cobb-Hunter Cotty Easterday Edge Emory Gilham Gourdine Govan Harrell Harris Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hosey Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Law Lee Littlejohn Lloyd Lourie Lucas Mack McGee McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Pinckney Riser Rodgers Rutherford Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Stille Taylor Tripp Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Altman Bailey Barrett Bowers Brown, H. Cato Cooper Dantzler Davenport Delleney Frye Gamble Hamilton Haskins Hinson Huggins Knotts Koon Lanford Leach Limehouse Loftis Martin McKay Meacham-Richardson Phillips Quinn Rhoad Rice Robinson Sandifer Sharpe Smith, R. Townsend Trotter Vaughn Walker Whatley Young-Brickell
So, the amendment was tabled.
Rep. CATO proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\AMEND\2097DW00), which was adopted:
Amend the bill, as and if amended, page 1, Section 1-10-10(A) as contained in SECTION 1, line 31, by deleting /On the effective date of this act/ and inserting: / As of 12:00 noon on effective date of this act/
Amend further, page 1, Section 1-10-10(A) as contained in SECTION 1, line 39, by inserting after /Flag/: / as of 12:00 noon on effective date of this act /
Amend further, page 2, Section 1-10-10(A) as contained in SECTION 1, line 1, by deleting /Division/ and inserting /Department/
Amend further, page 2, Section 1-10-10(A) as contained in SECTION 1, line 2, by inserting immediately before /located/: /flown on a flagpole/
Amend further, page 2, Section 1-10-10(A) as contained in SECTION 1, line 3, by striking /and not more than fifteen/ and inserting /ten/
Amend further, page 2, Section 1-10-10(A) as contained in SECTION 1, beginning on line 4, by striking /but as near as aesthetically possible and as tall as aesthetically required but not to exceed a total height of twenty feet./ and inserting / at a height of thirty feet. An appropriate decorative iron fence must be erected around the flagpole to keep secure the displayed and honored flag. /
Amend further, page 2, Section 1-10-10(A) as contained in SECTION 1, beginning on line 6, by striking /The final placement and height of the flag must be approved by a committee composed of three members of the Senate appointed by the President Pro Tempore and three members of the House of Representatives appointed by the Speaker of the House./
Amend further, page 2, Section 1-10-10(A) as contained in SECTION 1, by inserting after line 29:
/ (C) The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. Also, the provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag./
Amend further, page 3, Section 10-1-160 as contained in SECTION 2, after line 6, by adding a new subsection to read:
/(C) The term 'chambers' of the House or Senate for purposes of this section does not include individual members' offices. Also, the provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a confederate flag./
Amend further, page 3, by striking SECTION 5 and inserting:
/ SECTION 5. This act takes effect on July 1, 2000. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. CATO spoke in favor of the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bailey Bales Battle Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Emory Gourdine Govan Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Kirsh Lloyd Lourie Lucas Mack McLeod, M. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Trotter Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Barfield Barrett Bowers Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Frye Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hinson Keegan Kelley Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Maddox Martin McCraw McGee Meacham-Richardson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Brown, H. Campsen Carnell Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Frye Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Maddox Martin McCraw McGee McKay McLeod, M. Meacham-Richardson Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Altman Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Cooper Emory Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Kirsh Lee Lloyd Lourie Mack McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Trotter Whipper Wilkes
So, the amendment was adopted.
Rep. SHARPE proposed the following Amendment No. 4 (Doc Name COUNCIL\SWB\AMEND\5244DJC00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 10, Title 1 of the 1976 Code is amended by adding:
"Section 1-10-10. (A) On the effective date of this section, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
On the effective date of this section, the Confederate flag (Naval Jack) must be removed from atop the dome of the State House and from the chambers of the Senate and the House of Representatives. The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. The flag authorized to be flown on the grounds of the Capitol Complex is 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), the South Carolina, Georgia, Florida Department version]. This flag must be erected simultaneously with the removal of the Confederate flag from atop the dome.
The South Carolina Infantry Battle Flag of the Confederate States of America must be displayed on a flagpole thirty-eight feet in height located at a point on the east side of the Confederate Soldier Monument, centered on and between the monument and the concrete curbing bordering the east edge of the grassy area whereon the confederate soldier monument is located, and flown whenever the flag of the United States of America and the South Carolina State flag are flown atop the State House. The South Carolina Infantry Battle Flag of the Confederate States of America must also be flown atop the State House with the flag of the United States of America and the South Carolina State flag on Independence Day, Memorial Day, and Confederate Memorial Day.
The South Carolina Infantry Battle Flag of the Confederate States of America is square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The total outside measurement of the flag is to be fifty-two inches square, inclusive of the white border. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.
From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.
(B) The provisions of subsection (A) of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:
"Section 10-1-160. (A) The United States flag and the State flag shall be flown daily, except in rainy weather, from a staff upon the State House, and shall be displayed above the rostrum in the chambers of the House of Representatives and the Senate and in the first floor north foyer of the State House. Except as provided in Section 10-1-10, no other flag shall be displayed in these locations or atop the dome or roof, or within the foyers or common or public areas within the capitol building. The State Budget and Control Board shall purchase a suitable flag flags for display at the State House locations and cause it them to be displayed, the expense to be borne out of the funds provided for maintenance appropriated to it.
(B) The provisions of subsection (A) of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly."
SECTION 3. (A) No Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, Native American, or African-American History monuments or memorials erected on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, or altered. No street, bridge, structure, park, preserve, reserve, or other public area of the State or any of its political subdivisions dedicated in memory of or named for any historic figure or historic event may be renamed or rededicated. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments, memorials or nameplates.
(B) The provisions of subsection (A) of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
SECTION 4. 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 thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes effect upon on July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
The SPEAKER granted Rep. VAUGHN a leave of absence for the remainder of the day.
Rep. HARRISON moved to table the amendment.
Rep. SHARPE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bailey Bales Barrett Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Emory Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Stille Townsend Tripp Trotter Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Altman Barfield Brown, H. Davenport Edge Harris Littlejohn Loftis Phillips Sharpe Smith, R. Taylor Walker Witherspoon
So, the amendment was tabled.
Reps. SHEHEEN, CLYBURN, INABINETT, LLOYD, HARVIN, BREELAND and KENNEDY proposed the following Amendment No. 38 (Doc Name COUNCIL\NBD\AMEND\12079AC00), which was tabled:
Amend the bill, as and if amended, by the Committee on Judiciary, page 1266-1, by deleting Section 1-10-10(A) and inserting:
/ (A) On the effective date of this section, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
On the effective date of this section, the Confederate flag (Naval Jack) must be removed from atop the dome of the State House and from the chambers of the Senate and the House of Representatives. The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag.
A granite monument bearing a bronze casting of the Confederate Naval Jack Flag must be erected in the north mall area of the capital complex. A solid block of polished granite 11 feet wide, 8 feet 5 inches tall, and 5 feet 8 inches deep must be placed on top of a granite base consisting of three steps constructed of the same material as the block. A 4 foot tall, 6 foot wide bronze casting of the Confederate Naval Jack Flag must be mounted on the granite block. Below the casting of the flag on the same side of the granite block a second bronze casting must be mounted bearing the following inscription:
"The Confederate battle flag was relocated from the dome of the State House and cast in bronze to unite the people of South Carolina at long last and as a permanent memorial to the Confederate soldiers who died in the performance of their duties.
"Let the South Carolinian of another generation remember that the state taught them how to live and how to die, and that from her broken fortunes, she had preserved for her children the priceless treasures of her memories, teaching all who may claim the same birthright that truth, courage and patriotism endure forever."
The monument must be centered on the Confederate Soldier's Monument 34 feet south of the centerline of the Confederate Monument. The side of the monument bearing the flag casting and inscription shall face south and shall have a paved walkway on its south side, running east and west connecting the flag monument with the existing sidewalks on the grounds. The monument must be made from granite quarried in South Carolina, the color to be selected by the Office of General Services./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Rep. COTTY spoke against the amendment.
Rep. HAWKINS spoke against the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.
Rep. J. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Chellis Cotty Dantzler Davenport Delleney Easterday Edge Frye Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Keegan Kelley Kirsh Klauber Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McKay Meacham-Richardson Neal, J.M. Ott Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Emory Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neilson Parks Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. CATO proposed the following Amendment No. 39 (Doc Name COUNCIL\PT\AMEND\2094DW00), which was tabled:
Amend the bill, as and if amended, by striking SECTIONS 1 and 2.
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Campsen Canty Cobb-Hunter Cotty Easterday Emory Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kelley Kennedy Klauber Law Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Pinckney Quinn Robinson Rodgers Rutherford Sandifer Scott Seithel Sheheen Smith, D. Smith, F. Smith, J. Tripp Webb Wilder Wilkes Wilkins Witherspoon
Those who voted in the negative are:
Allison Altman Barfield Barrett Cato Chellis Cooper Dantzler Davenport Delleney Edge Fleming Frye Gamble Hinson Huggins Kirsh Knotts Koon Lanford Leach Loftis Martin McCraw McGee Meacham-Richardson Phillips Rice Riser Sharpe Simrill Smith, R. Stille Taylor Townsend Trotter Walker Woodrum Young-Brickell
So, the amendment was tabled.
I was temporarily out of the Chamber when the vote was taken on Amendment No. 39. I would have voted to keep the flag on the dome flying.
Rep. Thomas N. Rhoad
Rep. CATO proposed the following Amendment No. 40 (Doc Name COUNCIL\PT\AMEND\2059DW00), which was tabled:
Amend the bill, as and if amended, page 1, beginning on line 33 after /House/, by deleting /, in the chambers of the Senate and House of Representatives,/
Amend further, beginning on line 37, by deleting /and in the chambers of the Senate and House of Representatives/
Amend further, page two, line 36, by deleting after /House/ /, and/ and inserting:
/ . The United States Flag, the State Flag, and the Confederate Flag (Naval Jack) /
Amend title to conform.
Rep. CATO explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bailey Bales Battle Breeland Brown, G. Brown, J. Brown, T. Campsen Canty Carnell Clyburn Cobb-Hunter Cotty Easterday Emory Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kelley Kennedy Klauber Lee Littlejohn Lloyd Lourie Lucas Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Rodgers Rutherford Scott Sheheen Smith, D. Smith, F. Smith, J. Tripp Webb Whipper Wilder Wilkes Wilkins
Those who voted in the negative are:
Altman Barfield Barrett Brown, H. Cato Chellis Cooper Dantzler Davenport Delleney Edge Fleming Frye Gamble Hinson Huggins Kirsh Knotts Koon Lanford Law Leach Limehouse Loftis Martin McCraw McGee McKay Meacham-Richardson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Stille Taylor Townsend Trotter Walker Whatley Witherspoon Woodrum Young-Brickell
So, the amendment was tabled.
Rep. CATO proposed the following Amendment No. 41 (Doc Name COUNCIL\PT\AMEND\2070DW00), which was tabled:
Amend the bill, as and if amended, SECTION 2, page 2, line 38, by deleting /No/ and inserting:
/ Except on Confederate Memorial Day and Robert E. Lee's birthday as provided in Section 10-1-161, no /
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 10-1-161. The South Carolina Infantry Battle Flag of the Confederate States of America must be flown annually from 12:01 a.m. to 12:00 midnight on May 10, January 19, and June 3 atop the Dome of the State House." /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bailey Bales Battle Breeland Brown, G. Brown, J. Brown, T. Campsen Canty Carnell Clyburn Cobb-Hunter Cotty Easterday Emory Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hosey Howard Inabinett Jennings Keegan Kennedy Klauber Lee Lloyd Lourie Lucas Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neilson Ott Parks Perry Pinckney Rodgers Rutherford Scott Sharpe Sheheen Smith, D. Smith, F. Smith, J. Tripp Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum
Those who voted in the negative are:
Altman Barfield Barrett Bowers Brown, H. Cato Chellis Cooper Dantzler Davenport Delleney Edge Fleming Frye Gamble Harris Hinson Huggins Kelley Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin McCraw McGee Meacham-Richardson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Simrill Smith, R. Stille Taylor Townsend Trotter Walker Witherspoon Young-Brickell
So, the amendment was tabled.
Rep. FLEMING moved to recommit the Bill.
Rep. COTTY moved to table the motion.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bailey Bales Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Canty Carnell Chellis Clyburn Cobb-Hunter Cotty Easterday Edge Emory Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harvin Haskins Hawkins Hayes Hines, J. Hosey Inabinett Jennings Keegan Kelley Kennedy Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neilson Ott Parks Perry Phillips Pinckney Quinn Riser Robinson Rodgers Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Taylor Tripp Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Barfield Barrett Cato Cooper Dantzler Davenport Delleney Fleming Kirsh Koon Martin McCraw McGee Meacham-Richardson Rhoad Rice Rutherford Sharpe Townsend Trotter Whatley Whipper
So, the motion to recommit the Bill was tabled.
Rep. CAMPSEN proposed the following Amendment No. 42 (Doc Name COUNCIL\BBM\AMEND\9598HTC00), which was adopted:
Amend the bill, as and if amended, by striking Section 1-10-10(B), as contained in SECTION 1, page 2, and inserting:
/(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly." /
Amend further, in Section 10-1-160(B), as contained in SECTION 2, page 3, line 3, by striking /of subsection (A)/
Amend further, in SECTION 3(B), page 3, line 22, by striking /of subsection (A)/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
Rep. CAMPSEN continued speaking.
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:
Allison Altman Bailey Barfield Barrett Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Loftis Lucas Maddox Martin McCraw McGee McKay Meacham-Richardson Neilson Ott Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bales Battle Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Emory Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Kennedy Koon Lloyd Lourie Mack McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Parks Pinckney Rhoad Rutherford Scott Sheheen Smith, F. Smith, J. Whipper Wilkes
So, the amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 56 (Doc Name COUNCIL\DKA\AMEND\3914MM00):
Amend the bill, as and if amended, page 3, line 39, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. This act takes effect July 1, 2000, except that its effectiveness must be delayed thereafter unless and until all orders for Confederate flags placed with the Sergeant at Arms and paid for in full as of June 1, 2000, are filled. /
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. TROTTER spoke in favor of the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 56 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. SHEHEEN 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:
Allison Bailey Battle Brown, J. Campsen Canty Carnell Clyburn Cotty Easterday Emory Gilham Gourdine Govan Harrell Harrison Haskins Hawkins Hines, M. Hosey Howard Jennings Keegan Kelley Klauber Lloyd Lourie Mack Maddox McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Ott Parks Perry Quinn Rodgers Scott Sheheen Smith, F. Walker Webb Whipper Wilder Wilkins Witherspoon
Those who voted in the negative are:
Altman Bales Barfield Barrett Bowers Breeland Brown, G. Brown, H. Cato Chellis Cooper Dantzler Davenport Delleney Edge Fleming Frye Gamble Harris Harvin Hayes Hines, J. Hinson Huggins Kennedy Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McKay McLeod, M. Meacham-Richardson Neal, J.M. Neilson Phillips Rhoad Rice Riser Robinson Rutherford Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Whatley Wilkes Woodrum Young-Brickell
So, the House refused to table the amendment.
Rep. ROBINSON moved to adjourn debate on the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 57 (Doc Name COUNCIL\SKB\AMEND\18435SOM00), which was tabled:
Amend the bill, as and if amended, by striking Section 1-10-10 of the 1976 Code, as contained in SECTION 1 and inserting:
/ Section 1-10-10. (A) On the effective date of this section, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
On the effective date of this section, the Confederate flag (Naval Jack) must be removed from atop the dome of the State House and from the chambers of the Senate and the House of Representatives. The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag.
From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.
(B) The provisions of subsection (A) of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
Amend the bill further, as and if amended, by striking SECTION 5 and inserting:
/ SECTION 5. This act takes effect on July 1, 2000. /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Barfield Barrett Battle Bowers Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Harrell Harrison Haskins Hayes Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McGee McKay McLeod, W. Meacham-Richardson Miller Neal, J.M. Neilson Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bales Breeland Brown, G. Brown, J. Canty Clyburn Cobb-Hunter Emory Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lloyd Mack Moody-Lawrence Neal, J.H. Parks Pinckney Rutherford Scott Smith, F. Whipper
So, the amendment was tabled.
Rep. SANDIFER proposed the following Amendment No. 59 (Doc Name COUNCIL\NBD\AMEND\12060AC00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) A statewide advisory referendum must be held at the same time as the 2000 general election to ascertain the wishes of the qualified electors of this State as to: whether or not the Confederate Flag should be removed from above the State House and from the chambers of the House of Representatives and the Senate and displayed at the Confederate Soldiers Monument on the State House Grounds. The State Election Commission must place the questions contained in this section on the general election ballot in November, 2000. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State and each house of the General Assembly.
(B) The question put before the voters at the 2000 referendum shall read as follows:
"Do you favor removing the Confederate Flag from above the State House in Columbia and from the chambers of the House of Representatives and the Senate and displaying the Confederate Flag at the Confederate Soldiers Monument on the State House grounds?
(C) The cost of the referendum shall be paid from funds appropriated to the State Election Commission and the results of the referendum shall be advisory only.
SECTION 2. This bill takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SANDIFER explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Battle Breeland Brown, J. Campsen Canty Carnell Clyburn Cobb-Hunter Cooper Cotty Easterday Emory Gilham Gourdine Govan Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kennedy Kirsh Klauber Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox McGee McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Pinckney Rodgers Rutherford Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Tripp Webb Wilder Wilkes Wilkins Woodrum
Those who voted in the negative are:
Allison Altman Barfield Barrett Bowers Brown, G. Brown, H. Cato Chellis Dantzler Davenport Delleney Edge Fleming Frye Gamble Hinson Huggins Kelley Knotts Koon Lanford Law Loftis Martin McCraw McKay Meacham-Richardson Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Smith, R. Stille Taylor Townsend Trotter Walker Whatley Whipper Young-Brickell
So, the amendment was tabled.
Rep. ROBINSON proposed the following Amendment No. 62 (Doc Name COUNCIL\DKA\AMEND\3885MM00), which was tabled:
Amend the bill, as and if amended, Section 1-1-10, SECTION 1, page 2, by inserting after line 10:
/ Notwithstanding the foregoing provisions, the South Carolina Infantry Battle Flag of the Confederate States of America or the Confederate Flag (Naval Jack) must be flown atop the dome of the State House for only one day each year, on Confederate Memorial Day./
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. YOUNG-BRICKELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Campsen Canty Carnell Clyburn Cobb-Hunter Cotty Emory Gilham Gourdine Govan Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kennedy Lee Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Ott Parks Perry Pinckney Rhoad Rodgers Rutherford Scott Sheheen Smith, F. Smith, J. Tripp Webb Whipper Wilder Wilkes Wilkins Woodrum
Those who voted in the negative are:
Allison Barfield Barrett Brown, H. Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Harris Haskins Huggins Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McKay Meacham-Richardson Neilson Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Walker Whatley Young-Brickell
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 64 (Doc Name NBD\AMEND\12095AC00), which was tabled:
Amend the bill, as and if amended, beginning on page 1, by deleting Section 1-10-10 (A) and (B) and inserting:
/"Section 1-10-10. (A) As of twelve o'clock noon on the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag as of twelve o'clock noon on the effective date of this act. The flag authorized to be flown on the grounds of the Capitol Complex is 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) the South Carolina, Georgia, Florida Department version]. This flag must be incorporated in to the Confederate Soldier Monument, to be placed on a flag staff to be affixed to the statue of the soldier on the monument as if the soldier is holding the staff. The base of the staff shall rest at the feet of the soldier and the top of the staff, as near as aesthetically possible, shall end at the top of the soldier's hat. The flag staff shall be placed so that the flag appears to be held at the right front of the soldier's body.
The South Carolina Infantry Battle Flag of the Confederate States of America is square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The outside measurement of the flag is 52 inches on each of the four sides, inclusive of the white border. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.
From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Chellis Cotty Delleney Easterday Edge Emory Gamble Gilham Gourdine Harrell Harris Harrison Harvin Haskins Hawkins Hines, M. Hosey Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Law Leach Lee Lloyd Lourie Lucas Mack McCraw McGee McLeod, M. McMahand Meacham-Richardson Miller Moody-Lawrence Ott Parks Perry Phillips Pinckney Rodgers Rutherford Sandifer Scott Seithel Sheheen Simrill Smith, F. Smith, J. Stille Tripp Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Allison Barfield Barrett Bowers Cato Cooper Davenport Fleming Frye Hayes Hinson Huggins Knotts Koon Lanford Littlejohn Loftis Martin McKay McLeod, W. Rhoad Rice Riser Robinson Sharpe Smith, R. Taylor Townsend Trotter Walker Whatley
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 67 (Doc Name SKB\AMEND\18437SOM00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 1 of the 1976 Code is amended by adding:
Section 1-10-10. (A) On the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. At noon on the effective date of this act, there shall be an official ceremony to lower and remove the Confederate Flag from atop the dome of the State House and the chambers of both the House and Senate. A Flag Avenue shall be erected in which eight flags are authorized to be flown on the grounds of the Capital Complex from the base of the Confederate Soldier Monument along the sidewalk leading to the steps of the Statehouse. To the left of the monument the flags shall be displayed in the following order: Stars and Bars (Flag of the Confederate States of American), Gadsden Flag of the Revolution, the Sixteenth Century National Flag of France, and the Flag of the Cherokee Nation. To the right of the monument the flags shall be displayed in the following order: The Sixteenth National Flag of the United States of America, the Seventeenth and Eighteenth Centuries National Flag of Great Britain, the Sixteenth Century national Flag of Spain, and the Flag of the Catawba Indian nation. At the base of each flag there shall be an inscription describing the origins and connection of each to South Carolina.
From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
Section 1-10-20. (A) There is created the South Carolina Heritage Commission consisting of the following fifteen members:
(1) The Governor must appoint four members as follows:
(a) one member recommended by the Sons of Confederate Veterans;
(b) one member recommended by the Daughters of the Confederacy;
(c) one member recommended by the NAACP; and
(d) one member recommended by the African American Historical Society;
(2) The Chairmen of the House and Senate Judiciary Committees shall appoint three members of the House and Senate, respectively;
(3) The Chair of the History Department of the University of South Carolina, or his designee;
(4) The Chair of the History Department of South Carolina State University, or his designee;
(5) The Chair of the History Department of the College of Charleston, or his designee;
(6) The Chair of the History Department of Winthrop University, or his designee; and
(7) The Chair of the History Department at Clemson University, or his designee.
(B) The Governor shall appoint the chairman of the commission who shall serve a term of two years.
(C) Members shall serve for terms of four years. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term.
(D) The purpose of the commission is to promote reconciliation between the races and to promote a better understanding of the varied cultures and the shared history of all South Carolinians."
SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:
"Section 10-1-160. (A) The United States flag and the State flag shall be displayed flown daily, except in rainy weather, from a staff upon the State House, and shall be displayed above the rostrum in the chambers of the House of Representatives and the Senate and in the first floor north foyer of the State House. No other flag shall be displayed in these locations or atop the dome or roof, or within the foyers or common or public areas within the capitol building. The State Budget and Control Board shall purchase a suitable flag flags for display at the State House locations and cause it them to be displayed, the expense to be borne out of the funds provided for maintenance appropriated to it.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly."
SECTION 3. (A) No Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, Native American, or African-American History monument or memorial erected on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, or altered. No street, bridge, structure, park, preserve, reserve, or other public area of the State or any of its political subdivisions dedicated in memory of or named for any historic figure or historic event may be renamed or rededicated. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments, memorials or nameplates.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
SECTION 4. 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 thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. GOVAN explained the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Barfield Barrett Brown, G. Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.M. Neilson Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, F. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bales Battle Breeland Canty Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Inabinett Jennings Lloyd Mack Moody-Lawrence Neal, J.H. Parks Pinckney Rutherford Smith, J. Whipper Wilkes
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 68 (Doc Name COUNCIL\GJK\AMEND\21389SD00), which was tabled:
Amend the bill, as and if amended, by striking the second sentence of the second paragraph of Section 1-10-10 of the 1976 Code, as contained in SECTION 1, and inserting:
/ The flag authorized to be flown on the grounds of the Capitol Complex is the flag of The Citadel, The Military College of South Carolina. /
Amend the bill further, as and if amended, by striking the third paragraph of Section 1-10-10 of the 1976 Code, as contained in SECTION 1, in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. GOVAN explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bales Barfield Barrett Battle Bowers Brown, H. Campsen Carnell Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Harrell Harrison Haskins Hawkins Hayes Hinson Huggins Inabinett Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McGee McKay McLeod, W. Meacham-Richardson Miller Neal, J.M. Neilson Ott Perry Phillips Rhoad Rice Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Lloyd Mack Moody-Lawrence Neal, J.H. Parks Rutherford Whipper
So, the amendment was tabled.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. CATO proposed the following Amendment No. 70 (Doc Name COUNCIL\PT\AMEND\2077DW00), which was adopted:
Amend the bill, as and if amended, page 2, line 6, after /./ the following:
/ The flagpole on which the flag is flown and the area at the base of the flag must be illuminated at night. /
Amend title to conform.
Rep. CATO explained the amendment.
Rep. SCOTT moved to table the amendment.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, J. Clyburn Emory Gourdine Govan Hines, M. Hosey Howard Inabinett Lloyd Mack McLeod, W. McMahand Moody-Lawrence Parks Perry Rutherford Scott Smith, F. Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Battle Brown, H. Campsen Carnell Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hinson Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Maddox Martin McCraw McGee McKay Meacham-Richardson Miller Neal, J.M. Neilson Ott Phillips Quinn Rhoad Rice Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. CATO proposed the following Amendment No. 71 (Doc Name COUNCIL\PT\AMEND\2083DW00), which was adopted:
Amend the bill, as and if amended, Section 1-10-10, SECTION 1, page [1266-2], by striking lines 10 through 18, and inserting:
/ The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. KNOTTS moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment, the pending question being the consideration of amendments.
Rep. WILKINS moved to reconsider the vote whereby Amendment No. 62 was tabled and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4921 (Word version) -- Reps. Inabinett, Allen, Allison, Bailey, Barrett, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Clyburn, Cooper, Dantzler, Edge, Gilham, Gourdine, Govan, Hamilton, Harrison, Haskins, Hawkins, Hayes, J. Hines, Hinson, Hosey, Howard, Keegan, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Lloyd, Loftis, Mack, Maddox, McMahand, Miller, J. H. Neal, J. M. Neal, Parks, Phillips, Pinckney, Rhoad, Robinson, Rodgers, Sandifer, Scott, Tripp, Walker, Whatley, Whipper, Wilder, Witherspoon and W. McLeod: A CONCURRENT RESOLUTION TO MEMORIALIZE AND URGE THE CONGRESS OF THE UNITED STATES TO INVEST IN RURAL AMERICA'S FUTURE AND REVAMP THE NATION'S FARM AND RURAL POLICIES TO ENSURE NO ONE IS LEFT BEHIND DURING THIS TIME OF HISTORIC PROSPERITY BY PASSING A FARM BILL THAT WILL ADDRESS THE NEEDS OF FARMERS, RANCHERS, AND RURAL COMMUNITIES IDENTIFIED BY THE RECENT "RALLY FOR RURAL AMERICA".
H. 5034 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. BETTY N. MOORE, ABR, CRS, GRI OF ANDERSON COUNTY UPON THE OCCASION OF BEING SELECTED AS THE "1999 REALTOR OF THE YEAR" BY THE SOUTH CAROLINA ASSOCIATION OF REALTORS.
H. 5035 (Word version) -- Rep. Sharpe: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE SOCIETY OF AMERICAN FORESTERS AND THE FORESTRY PROFESSION FOR A CENTURY OF PROFESSIONAL FORESTRY SERVICES IN SOUTH CAROLINA, FOR PROVIDING INVALUABLE RESEARCH, TEACHING, EXTENSION, PROFESSIONAL ADVICE, AND LEADERSHIP IN FORESTRY FOR THE CITIZENS OF SOUTH CAROLINA, AND FOR PROMOTING CONSERVATION, STEWARDSHIP, AND SUSTAINED MANAGEMENT OF FOREST RESOURCES, AND TO JOIN WITH THE SOCIETY OF AMERICAN FORESTERS ON THE OCCASION OF THE SOCIETY CELEBRATING ONE HUNDRED YEARS OF ADVANCING THE SCIENCE AND PRACTICE OF FORESTRY IN SOUTH CAROLINA.
At 6:45 p.m. the House, in accordance with the motion of Rep. J. BROWN, adjourned in memory of Marion Johnson, to meet at 10:00 a.m. tomorrow.
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