Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
O God Eternal, from whom comes every lofty thought, we rejoice that Your love is sufficient for every day with its many needs. We thank You for the promises and assurances that even in our stress that You are near, ready to fortify us with courage and to a deeper trust in God. Give us to see clearly the realities and hardships of life in their right perspective, and to possess wisdom and guidance to master them. Enable us to lead our fellowmen out of the dark shadows of doubt to a deeper trust in God. Look with Your favor upon this our humble prayer. 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. D. SMITH moved that when the House adjourns, it adjourn in memory of former Representative Howard Carlisle Bean of Spartanburg, which was agreed to.
The following was received:
April 4, 2000
The Honorable Margaret J. Gamble
P.O. Box 11867
Columbia, SC 29211
Effective immediately, I am appointing you to serve on the Medical, Military, Public and Municipal Affairs Committee. If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The following was received:
April 4, 2000
The Honorable Robert William Leach
P.O. Box 11867
Columbia, SC 29211
Dear Representative Leach:
Effective immediately, I am appointing you to serve on the Labor, Commerce and Industry Committee.
I know you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The following was received:
April 4, 2000
The Honorable Thomas D. Woodrum
P.O. Box 11867
Columbia, SC 29211
Dear Representative Woodrum:
Effective immediately, I am appointing you to serve on the Agriculture, Natural Resources and Environmental Affairs Committee.
I know you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
Document No. 2474
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Responsibilities of the Comptroller General and the Department of Revenue with Respect to Property Taxation and Fees in Lieu of Property Taxes.
Received by Speaker of the House of Representatives
January 26, 2000
Referred to Ways and Means Committee
Legislative Review Expiration May 25, 2000
Revised May 26, 2000
20000329 Committee Request Withdrawal
120 Day Period Tolled
20000330 Withdrawn and Resubmitted
The following was received from the Senate:
Columbia, S.C., March 30, 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 S. 1034:
S. 1034 (Word version) -- Senators Leatherman, Glover, Elliott, Land, McGill and Saleeby: A BILL TO AMEND SECTION 7-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO COMBINE THE BACK SWAMP AND QUINBY PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
Very respectfully,
President
On motion of Rep. MCGEE, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. MCGEE, J. HINES and M. HINES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4859 (Word version) -- Rep. Riser: A CONCURRENT RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE LEXINGTON HIGH SCHOOL "WILDCATS" BOYS BASKETBALL TEAM AND THEIR COACHES FOR AN EXCEPTIONAL SEASON AND ON THE OCCASION OF WINNING THE 1999-2000 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 1286 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF COMMISSIONERS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 24, 2000, immediately following the election of commissioners to the South Carolina Consumer Affairs Commission, to elect a successor to the Honorable Costa M. Pleicones, Judge of the Circuit Court for the Fifth Judicial Circuit, Seat 3, whose unexpired term expires June 30, 2003; and to elect a successor to the Honorable M. Duane Shuler, Judge of the Circuit Court, At-Large Seat 3, whose unexpired term expires June 30, 2003.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4860 (Word version) -- Reps. Sandifer and Barrett: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD OCONEE COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD OCONEE COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
On motion of Rep. SANDIFER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4861 (Word version) -- Rep. Sheheen: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
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
S. 1242 (Word version) -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE "SOUTH CAROLINA GRAIN DEALERS GUARANTY FUND" INTO WHICH ASSESSMENTS ON FEED GRAINS OR OIL SEEDS MUST BE PAID FOR THE PURPOSE OF REIMBURSING GRAIN DEALERS FOR LOSSES INCURRED AS A RESULT OF THE BANKRUPTCY OF A SPECIFIED DEBTOR AND TO CONTINUE THE FUND THEREAFTER FOR THE BENEFIT OF GRAIN DEALERS WHO SUFFER LOSSES AGAINST OTHER DEBTORS FROM BANKRUPTCY EMBEZZLEMENT OR FRAUD, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE REIMBURSEMENTS MUST BE PAID INCLUDING A PROVISION THAT THE INSURANCE RESERVE FUND IS AUTHORIZED TO LOAN MONIES TO PROVIDE FUNDING TO PAY CERTAIN CLAIMS; TO CHANGE THE NAME OF SOUTH CAROLINA DEALERS AND HANDLERS
S. 1288 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL CLOSE PERMANENTLY THE SOUTHERN ACCESS OF ROAD 43-506 AT THE POINT WHERE IT INTERSECTS WITH ROAD 43-251 IN SUMTER COUNTY.
Referred to Committee on Education and Public Works
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin McCraw McGee McKay McLeod, M.
McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 4.
Richard Quinn Clementa Pinckney Anthony Harris David Mack Grady Brown Ralph Canty Timothy Wilkes Jackson Whipper Theodore Brown
The SPEAKER granted Rep. MADDOX a leave of absence for the week.
The SPEAKER granted Rep. JENNINGS a leave of absence due to illness.
The SPEAKER granted Rep. VAUGHN a leave of absence for the day.
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. 3300 (Word version)
Date: ADD:
04/04/00 SEITHEL
Bill Number: H. 4797 (Word version)
Date: ADD:
04/04/00 LOFTIS
Bill Number: H. 4852 (Word version)
Date: ADD:
04/04/00 W. MCLEOD
Bill Number: H. 4416 (Word version)
Date: ADD:
04/04/00 CARNELL
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4771 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2459, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4558 (Word version) -- Reps. J. Smith, Lourie, Hawkins and Klauber: A BILL TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF, THE UNITED STATES CODE, AND THIS SECTION; AND TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES.
H. 4634 (Word version) -- Reps. Hawkins, Allison, Davenport and Littlejohn: A BILL TO AMEND SECTION 16-11-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF
Rep. HASKINS moved to adjourn debate upon the following Bill until Wednesday, April 5, which was adopted:
S. 95 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.
The following Bill was taken up:
S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese, Wilson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11854AC00):
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 "Military Selective Service Registration Awareness and Compliance Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 1-1-560. (A) No male person who has attained the age of eighteen years who is not in compliance with the Military Selective Service Act is eligible for employment by or service with the State or a political subdivision of the State, including all boards and commissions, departments, agencies, institutions, and instrumentalities of the State.
(B) All officials having charge of and authority over the hiring of employees by the State or a political subdivision of the State shall verify whether or not an applicant is in compliance with the Military Selective Service Act.
(C) This section does not apply to a person who is twenty-six years of age or older on July 1, 2000."
SECTION 3. The 1976 Code is amended by adding:
"Section 59-101-375. (A) For purposes of this section:
(1) 'Person' means a male person upon reaching his eighteenth birthday and until reaching the age of twenty-six.
(2) 'Military Selective Service Act' means 50 United States Code Annotated Appendix Section 451, et seq.
(B) A person may not register for a class or classes in a state-supported institution of postsecondary higher education unless he is in compliance with the Military Selective Service Act.
(C) A person may not receive a loan, grant, scholarship, or other financial assistance for postsecondary higher education funded by state
(D) Beginning with the fall semester of the year 2000, a person registering for a class or classes at or applying for financial assistance to attend an institution of postsecondary higher education shall affirm that he is in compliance with the Military Selective Service Act on a form prescribed by the institution of higher education or the entity guaranteeing or granting the financial assistance, including student loans. The person having charge of and authority over registration to state supported institutions of postsecondary higher education and the person having charge of and authority over financial assistance, respectively, shall verify that registrants or applicants, as the case may be, have signed the form affirming compliance with the Military Selective Service Act.
(E) This section does not apply to a person:
(1) who is exempt from or for whom the requirement to register pursuant to the Military Selective Service Act has terminated or become inapplicable;
(2) who has served in the Armed Forces;
(3) who is twenty-six years of age or older on July 1, 2000."
SECTION 4. This act takes effect July 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BREELAND explained the amendment.
Reps. MOODY-LAWRENCE, SHEHEEN, J. H. NEAL, COBB-HUNTER, BALES, CLYBURN, M. MCLEOD, RHOAD and F. SMITH requested debate on the Bill.
The following Bill was taken up:
S. 755 (Word version) -- Senator Bryan: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RIGHTS, DUTIES AND POWERS OF THE MENTAL HEALTH COMMISSION, SO AS TO
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11911AC00), which was adopted:
Rep. MACK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.
Rep. ALTMAN explained the Bill.
H. 4393 (Word version) -- Reps. Jennings and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE THAT A WRITE-IN CANDIDATE MUST FILE A DECLARATION STATING THAT HE IS A WRITE-IN CANDIDATE, AS WELL AS THE OFFICE HE IS SEEKING, IN ORDER TO HAVE ANY WRITE-IN VOTES CAST FOR HIM COUNTED AND REPORTED AND PROVIDE AN EXCEPTION; AND TO AMEND SECTION 7-13-360, RELATING TO WRITE-IN NAMES ON A BALLOT, SO AS TO REQUIRE THAT WRITE-IN CANDIDATES COMPLY WITH THE REQUIREMENTS OF SECTION 7-13-365.
Rep. FLEMING explained the Bill.
The following Bill was taken up:
H. 4281 (Word version) -- Reps. Rodgers and Knotts: A BILL TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS CONTAINED IN THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996" WHICH AUTHORIZES PERMITS TO BE ISSUED TO SPECIFIED RESIDENTS TO CARRY CONCEALED WEAPONS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT" TO INCLUDE AN INDIVIDUAL WHO POSSESSES A VALID SOUTH CAROLINA VOTER REGISTRATION CARD OR A VALID SOUTH CAROLINA DRIVER'S LICENSE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18235CM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 23-31-210(1) of the 1976 Code, as added by Act 464 of 1996, is amended to read:
"(1) 'Resident' means an individual who is a resident of South Carolina for at least twelve months preceding the date on which an application to carry a weapon is submitted under this section present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders."
SECTION 2. Section 23-31-215(F)(3) of the 1976 Code, as added by Act 464 of 1996, is amended to read:
"(3) he has either been is a resident of this State for at least twelve months preceding the date of his application or he is military personnel on permanent change of station orders; and"
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4526 (Word version) -- Reps. Campsen, Quinn, Taylor, McGee, Altman, Barrett, Easterday, Hamilton, Harrell, Haskins, Leach, Meacham-Richardson, Rice, Robinson, Sandifer, Simrill, F. Smith, Tripp, Trotter, Wilkins, Woodrum and Loftis: A BILL TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21092SD00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act is known and may be cited as the "Religion and Public Schools Act of 2000".
SECTION 2. The South Carolina General Assembly finds that the free exercise of religion is integral to the intellectual, moral, civic, and ethical development of students in South Carolina. It further finds that this exercise of religion should find expression only in legally sound ways that do not violate the state and federal constitutional prohibitions against the establishment of religion.
Therefore, the South Carolina General Assembly has determined to enact the "Religion and Public Schools Act", which calls for the training of educators in how to recognize constitutional distinctions between individual free exercise of religion which the First
The purpose of the act is to promote a constitutionally sound understanding and a faithful compliance with the free exercise and establishment clauses of the federal and state constitutions as they apply to public school operations.
SECTION 3. The 1976 Code is amended by adding:
"Section 59-17-135. (A) Effective July 1, 2001, each school district during annual in-service training shall provide a program of instruction for teachers and administrators in the essentials of constitutional protections and prohibitions as they relate to religion and public school operations. Subjects shall include, but not be limited to:
(1) student prayers;
(2) graduation prayers and baccalaureates;
(3) participation in or encouragement of religious activity by school officials;
(4) religion in school curriculum;
(5) religious content in student assignments;
(6) distribution and use of religious literature;
(7) student participation in religious events before and after school;
(8) religious persuasion versus religious harassment;
(9) religious holidays;
(10) permitted absences from objectionable lessons in religion;
(11) released time for religious instruction;
(12) teaching values;
(13) religious attire;
(14) Federal Equal Access Act;
(15) Federal Religious Freedom Restoration Act;
(16) South Carolina Religious Freedom Act;
(17) other statutory and constitutional provisions regarding the establishment of religion and free exercise thereof, as they relate to a public school context;
(18) instruction on how to access legal advice concerning the establishment of religion and free exercise thereof in a public school context; and
(19) instruction on how to access the State Department of Education's guidelines on religion and the public schools on the department's website.
(B) Once a teacher or administrator has completed the program of instruction contained in this section, it is not necessary that they participate in the same program of instruction on an annual basis. However, such teachers and administrators who have completed the program of instruction shall annually participate in instruction regarding updates and new developments in the subject matter contained in this section."
SECTION 4. The 1976 Code is amended by adding:
"Section 59-17-140. By July 1, 2001, each school district in the State shall adopt a Religion and Public Schools Policy. The policy shall provide for the free exercise of religion in district schools to the maximum extent permissible without conflicting with applicable federal and state constitutional and statutory provisions regarding the exercise and establishment of religion in public schools. The policy shall specifically address the subjects contained in Section 59-17-135. Each district's policy shall be updated as necessary. Before adoption of the policy or any update of it, each school district shall submit the policy to an attorney experienced in matters of constitutional and public school law for review and comment. The attorney shall recommend appropriate changes for correcting any misapplication or misperception of applicable law regarding religion and the public schools. The adoption of the final policy or update shall be in the discretion of the school district board of trustees."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4445 (Word version) -- Reps. Robinson, Wilkins, Quinn, Barfield, Barrett, H. Brown, Chellis, Cotty, Dantzler, Fleming, Gamble, Gilham, Hamilton, Harrell, Harrison, Hinson, Huggins, Keegan, Koon, Law, Leach, Littlejohn, Martin, Meacham-Richardson, Riser, Rodgers, Sandifer, D. Smith, Stuart, Taylor, Walker, Young-Brickell, Seithel,
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18290HTC00), which was adopted:
Amend the bill, as and if amended, beginning on page 1, by striking SECTIONS 1 and 2 and inserting:
/ SECTION 1. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) effective January 1, 2005, food items eligible for purchase with United States Department of Agriculture food coupons, but this exemption does not apply for local sales and use taxes except where such taxes specifically exempt these items;
(b) effective January 1, 2001, the governing body of a county by ordinance may exempt items described in subitem (a) of this item from any local sales and use tax imposed in the county which by its terms does not otherwise exempt such items. This local exemption may extend to all or a portion of the local tax."
SECTION 2. Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from January 1, 2001, through December 31, 2001, three percent for such sales from January 1, 2002, through December 31, 2002, two percent for such
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. SANDIFER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts
Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Perry Phillips Pinckney Quinn Rhoad Rice Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4444 (Word version) -- Reps. Robinson, Wilkins, Quinn, Barfield, Barrett, H. Brown, Chellis, Cotty, Dantzler, Fleming, Gamble, Gilham, Hamilton, Harrell, Harrison, Hinson, Huggins, Keegan, Koon, Law, Leach, Martin, Meacham-Richardson, Riser, Rodgers, Sandifer, D. Smith, Stuart, Taylor, Walker, Young-Brickell, Whatley, Tripp, Cooper, Seithel, Allison, Altman, Beck, Campsen, Cato, Davenport, Easterday, Edge, Haskins, Kelley, Knotts, Lanford, Limehouse, Loftis, Lucas, McGee, McKay, Perry, Rice, Sharpe, Simrill, R. Smith, Trotter, Vaughn, Webb, Witherspoon, Woodrum and Frye: A BILL TO
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18291HTC00):
Amend the bill, as and if amended, beginning on page 2, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect upon approval by the Governor and first applies for income tax brackets applicable for taxable year 2000. Notwithstanding the inflation adjustment required pursuant to Section 12-6-520 of the 1976 Code as amended by this section, the adjustment applicable for taxable year 2000 is limited to not less than seventy-five percent nor more than eighty-five percent of the adjustment otherwise required which must be determined based on the certification of the Board of Economic Advisors to the Department of Revenue as to the maximum percentage in that range that does not reduce general fund revenues by more than eighteen million dollars in fiscal year 2000-2001. Notwithstanding the date required for bracket adjustments provided in Section 12-6-520 of the 1976 Code as amended by this section, the adjustment required for taxable year 2000 brackets must be made no later than fifteen days after the effective date of this section. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. BALES made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4338 (Word version) -- Reps. Wilkins, Robinson, Harrison, Sandifer, Quinn, Huggins, Lanford, Harrell, H. Brown, Barrett, Vaughn, Riser, Cooper, Cato, D. Smith, Haskins, Witherspoon, Townsend, Leach, Allison, Altman, Campsen, Chellis, Hinson, Klauber, Loftis, Rice, Taylor, Littlejohn, Cotty, Walker, Easterday, Kirsh, Gamble, McGee, Meacham-Richardson, Gilham and Rodgers: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON GENERAL TAX INCREASES AND NEW GENERAL TAXES, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE ELECTED MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR THE IMPOSITION OF A NEW OR INCREASED TAX.
Rep. W. MCLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3090 (Word version) -- Reps. Altman and Rodgers: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3750 (Word version) -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, Meacham-Richardson, Miller, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Wilder, Wilkins, Witherspoon, Woodrum, Young-Brickell and Lucas: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
Rep. DELLENEY 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.
Rep. SCOTT moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4850 (Word version) -- Reps. Jennings, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown,
H. 4463 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE CONWAY BYPASS THE "VETERANS HIGHWAY" AND TO NAME SEPARATE INTERCHANGES ON THAT BYPASS TO HONOR RECIPIENTS OF THE MEDAL OF HONOR FROM EACH BRANCH OF THE ARMED FORCES OF THE UNITED STATES.
H. 4466 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE CAROLINA BAYS PARKWAY THE JOHN B. SINGLETON PARKWAY TO HONOR THE MEMORY OF THE LATE JOHN B. SINGLETON OF MYRTLE BEACH FOR HIS UNMATCHED CONTRIBUTIONS TO THE CITY OF MYRTLE BEACH AND THE GRAND STRAND AND HIS VISION AND PERSISTENCE IN PROMOTING THE CONSTRUCTION OF THE CAROLINA BAYS PARKWAY.
H. 4857 (Word version) -- Reps. Walker and Allison: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE CONGRATULATIONS TO MRS. GLORIA COLEMAN OF LYMAN, SOUTH CAROLINA, SOCIAL STUDIES TEACHER AT O. P. EARLE ELEMENTARY SCHOOL IN LANDRUM, SOUTH CAROLINA, FOR BEING SELECTED AS THE NATIONAL WINNER OF THE VETERANS OF FOREIGN WARS NATIONAL CITIZENSHIP EDUCATION TEACHER AWARD.
H. 4858 (Word version) -- Reps. J. Hines, Neilson and Lucas: A CONCURRENT RESOLUTION RECOGNIZING MR. JIMMY HOWARD NEWSOM OF DARLINGTON COUNTY FOLLOWING HIS RETIREMENT AS SUPERINTENDENT OF THE DARLINGTON COUNTY SCHOOL DISTRICT AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
At 1:10 p.m. the House, in accordance with the motion of Rep. D. SMITH, adjourned in memory of former Representative Howard Carlisle Bean of Spartanburg, to meet at 10:00 a.m. tomorrow.
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