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:
Heavenly Father, at the perfect altar of Your concern, we come in need of Your help, wisdom and strength. Give to each of us a right appreciation of each hour of this day. Forbid that we should stain the possibility of each moment by a decision less than the best. Undergird with Your continual presence these servants of the State as they face difficult and demanding problems. Grant Your benediction upon all who sail the ship of State. Be for each of us "our Refuge and Strength." 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. SCOTT moved that when the House adjourns, it adjourn in memory of James Tidwell of Blythewood, which was agreed to.
The following were received and referred to the appropriate committee for consideration:
Document No. 2481
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-67-20, 59-67-410, 59-67-570
Operation of Public Pupil Transportation Services
Received by Speaker of the House of Representatives
January 31, 2000
Referred to Education and Public Works Committee
Legislative Review Expiration May 30, 2000
The following was introduced:
H. 4509 (Word version) -- Reps. Fleming and Hawkins: A CONCURRENT RESOLUTION TO DIRECT THE UNION COUNTY VETERANS AFFAIRS OFFICE TO PLACE A MARKER AT THE JUNCTION OF HIGHWAY 114 AND TUMP SMITH ROAD IN UNION COUNTY TO RECOGNIZE AND COMMEMORATE THE RESTORED GRAVESITE OF THE COURAGEOUS REVOLUTIONARY WAR SCOUT, JAMES THOMAS (OLD HI-KY) MOSELEY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4510 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 1, 2000.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 noon on Wednesday, March 1, 2000.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1071 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 176 FROM S.C. 202 TO S.C. 213 IN NEWBERRY COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
S. 1004 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ALAN G. LANCE, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 23, 2000.
Whereas, the Honorable Alan G. Lance has served in the U.S. Army Judge Advocate General's Corps and now serves the state of Idaho as its attorney general; and
Whereas, the Honorable Alan G. Lance has been a member of American Legion Post 113 in Meridian, Idaho, for twenty years; and
Whereas, the Honorable Alan G. Lance has held the offices of commander of the American Legion Department of Idaho, National Executive Committeeman and chairman of the organization's National Foreign Relations Commission; and
Whereas, the 2.8 million member American Legion selected the Honorable Alan G. Lance as national commander; and
Be it resolved by the Senate, the House of Representatives concurring:
That the National Commander of the American Legion, the Honorable Alan G. Lance, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 12:00 noon on Wednesday, February 23, 2000.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Alan G. Lance.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4511 (Word version) -- Reps. M. McLeod, Howard, Barfield, Inabinett, W. McLeod, J. H. Neal and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-675 SO AS TO PROVIDE THAT STATE AGENCIES OR DEPARTMENTS HAVING EMPLOYEES LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR BECAUSE OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS MAY NOT REQUIRE THOSE EMPLOYEES TO MAKE UP TIME LOST FROM WORK, TO PROVIDE THAT EMPLOYEES OF THE STATE OF SOUTH CAROLINA LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR AS A RESULT OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS ARE NOT REQUIRED UNDER THE HAZARDOUS WEATHER POLICY TO MAKE UP TIME LOST FROM WORK, AND TO PROVIDE FOR COMPENSATORY TIME FOR CERTAIN EMPLOYEES.
Referred to Committee on Ways and Means
H. 4513 (Word version) -- Rep. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-80 SO AS TO PROHIBIT, UNDER CERTAIN CONDITIONS, A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A NONJUDICIAL OFFICE WHICH IS FILLED BY ELECTION BY THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary
H. 4514 (Word version) -- Reps. M. McLeod, Harvin and Moody-Lawrence: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-115, SO AS TO CREATE A GENERAL LIEN UPON THE REAL AND PERSONAL PROPERTY, INCLUDING WAGES, ANNUITIES, PENSIONS, AND CHOSES IN ACTION, OF ANY PUBLIC OFFICER, EMPLOYEE, OR ANY OTHER PERSON WHO IS FOUND GUILTY OF AN OFFENSE INVOLVING EMBEZZLEMENT OR APPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO PRIVATE USE, TO THE EXTENT OF THE TOTAL LOSS, DAMAGE OR EXPENSE TO THE STATE, OR TO A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE, TO PROVIDE FOR FILING A NOTICE OF LIEN, TO PROVIDE THAT AN ACTION TO ENFORCE THE LIEN CREATED BY THIS SECTION MAY BE BROUGHT AT ANY TIME UP TO THREE YEARS AFTER THE DEATH OF A PERSON WHOSE REAL AND PERSONAL PROPERTY IS SUBJECT TO THE LIEN, TO PROVIDE FOR SATISFACTION AND DISCHARGE OF THE LIEN CREATED BY THIS SECTION BY THE ATTORNEY GENERAL OR HIS DESIGNEE; TO AMEND SECTION 9-1-1680, RELATING TO EXEMPTION OF ANNUITY AND RETIREMENT ALLOWANCES AND CONTRIBUTIONS FROM TAXATION AND LEGAL
H. 4518 (Word version) -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT TIME MISSED FROM WORK BY A STATE EMPLOYEE DURING THE WEEK OF JANUARY 23-30, 2000, WHEN THE STATE OFFICE IN WHICH THE EMPLOYEE WORKS WAS CLOSED BY ORDER OF THE GOVERNOR, IS EXCUSED, AND NO EMPLOYEE SHALL SUFFER A LOSS OF COMPENSATION THEREFROM, BE REQUIRED TO USE ANNUAL OR OTHER LEAVE FOR THIS TIME OFF, OR BE REQUIRED TO MAKE UP ANY SUCH TIME, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO APPLY TO SCHOOL DISTRICT EMPLOYEES OR TEACHERS WHO ARE GOVERNED BY OTHER PROVISIONS OF LAW SPECIFICALLY APPLICABLE TO THEIR SCHOOL DISTRICT.
Referred to Committee on Ways and Means
H. 4519 (Word version) -- Reps. McGee and McKay: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXTEND THE MOTOR VEHICLE TAX EXEMPTION FOR A DISABLED VETERAN TO THE SURVIVING SPOUSE FOR A LIFETIME OR UNTIL REMARRIAGE.
Referred to Committee on Ways and Means
H. 4520 (Word version) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN
H. 4521 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 41-27-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "UNEMPLOYED" FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE REDUCTION OF UNEMPLOYMENT BENEFITS TO REFLECT PREVIOUS AND OTHER PAYMENTS ATTRIBUTABLE TO WORK, SO AS TO ELIMINATE ANY REDUCTION IN BENEFITS OF A BENEFICIARY RECEIVING SOCIAL SECURITY BENEFITS.
Referred to Committee on Labor, Commerce and Industry
H. 4523 (Word version) -- Reps. Stille, Townsend and Carnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 32 SO AS TO PROVIDE FOR THE ISSUANCE OF AND A TWENTY-DOLLAR FEE FOR TEMPORARY LICENSE PLATES AND REGISTRATION CARDS TO MANUFACTURERS OF TRAILERS AND SEMI-TRAILERS WHO IN TURN MAY ISSUE THEM FOR TRAILERS AND SEMI-TRAILERS BEING MOVED FROM THE MANUFACTURER'S PLACE OF BUSINESS TO A DEALER OR PURCHASER'S PLACE OF BUSINESS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS ARTICLE.
On motion of Rep. STILLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4524 (Word version) -- Rep. Easterday: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENVILLE 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
H. 4525 (Word version) -- Reps. Campsen, Harrell, Altman, McGee, Wilkins, Cotty, Taylor, McKay, Quinn, Simrill, Barrett, Chellis, Delleney, Easterday, Hamilton, Harrison, Haskins, J. Hines, Law, Leach, Loftis, Lourie, Lucas, W. McLeod, Meacham-Richardson, Perry, Rice, Rodgers, Sandifer, Tripp, Trotter, Walker and Woodrum: A BILL TO ENACT THE MARRIAGE PENALTY TAX RELIEF ACT BY AMENDING SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES AND BRACKETS APPLICABLE TO INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOCATE EQUALLY BETWEEN SPOUSES SOUTH CAROLINA TAXABLE INCOME REPORTED ON A JOINT RETURN AND APPLY THE RATES AND BRACKETS SEPARATELY TO EACH INCOME THEREBY REDUCING THE STATE INCOME TAX LIABILITY FOR MARRIED COUPLES FILING JOINT RETURNS; AND TO REPEAL SECTION 12-6-3330, RELATING TO THE TWO WAGE EARNER CREDIT FOR MARRIED INDIVIDUALS FILING JOINT RETURNS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means
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 and Woodrum: 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
S. 776 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CRAPE MYRTLE" AS THE OFFICIAL STATE SHRUB.
Referred to Committee on Judiciary
S. 934 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Rankin and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 4515 (Word version) -- Rep. Fleming: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OFFICER WAYNE HUTCHERSON OF
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4516 (Word version) -- Reps. Carnell, Stille and Klauber: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. DON L. PEOPLES OF WARE SHOALS UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. KEEGAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4517 (Word version) -- Reps. Keegan, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO REMEMBER THE SACRIFICES AND CONTRIBUTIONS OF THE BRAVE MEN
Whereas, on Christmas Eve 1944, America and its allies had turned the tide of battle and were on the road to victory against tyranny and the Axis powers, who for more than three years had waged a horrible and deadly global war; and
Whereas, on that fateful day, a Belgian troopship -- the S.S. Leopoldville -- was carrying two thousand two hundred thirty-five American soldiers across the English Channel when it was torpedoed and sunk off the coast of France, only five and one-half miles from its destination; and
Whereas, the soldiers were reinforcements to fight in the Battle of the Bulge, and nearly one-third of the brave young men perished in the icy waters of the English Channel that night; and
Whereas, eight hundred two young men, fifteen from the State of South Carolina, perished that Christmas Eve. The fifteen forgotten heroes from the Palmetto State were:
Sgt. Leonard E. Berry Co. B 264th Inf. Florence
Pvt. Dessie W. Brown Hdq. Co. 2nd Bat. Kingstree
Pfc. Peter Calentano Co. F 262nd Inf. Greenville
S. Sgt. James E. Hentz Co. H 262nd Inf. Newberry
2d Lt. John E. James Co. C 264th Inf. Summerton
Sgt. William I. Lawrence Co. F 262nd Inf. Sumter
Sgt. James L. Loftis Co. E 264th Inf. Greenville
2d Lt. Roddy A. Martin Co. L 262nd Inf. Mullins
Pfc. James W. McCurley Co. A 264th Inf. City?
Pfc. Robert L. McCormick Co. L 262nd Inf. Sumter
Pfc. James L. McNair Co. I 262nd Inf. Calhoun Falls
Sgt. James O. Moseley Co. F 262nd Inf. Spartanburg
Lt. Col. Victor E. Phasey 3rd Bat. 264th Inf. City?
Pfc. Walter W. Reece Co. H 262nd Inf. Pickens
Pfc. Francis J. Richardson Co. K 262nd Inf. Florence
Whereas, the sacrifices and contributions made by these two thousand two hundred thirty-five young men are deserving of commemoration, honor, and recognition; and
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, remember the sacrifices and contributions of the brave men who perished on the S.S. Leopoldville on December 24, 1944, during World War II.
Be it further resolved that a copy of this resolution be forwarded to Mary L. Allen, Post Office Box 14583, Surfside Beach, South Carolina 29587.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4522 (Word version) -- Rep. Fleming: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. W. BAILEY GREER OF UNION UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Breeland Brown, H. Brown, J. Campsen Canty Carnell Cato Chellis Clyburn Cooper Dantzler Davenport Delleney Easterday
Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lourie Lucas 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 Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, February 1.
Mack Hines George Bailey Jesse Hines Bill Cotty William Bowers Gilda Cobb-Hunter Tracy Edge Harry Askins Dwight Loftis Ronald Townsend Anthony Harris Lynn Seithel Grady Brown Jerry Govan
David Mack John Hawkins Theodore Brown Walter Lloyd
The SPEAKER granted Rep. LANFORD a leave of absence for the day due to a doctor's appointment.
The SPEAKER granted Rep. VAUGHN a leave of absence for the week due to medical reasons.
Announcement was made that Dr. March E. Seabrook of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4323 (Word version)
Date: ADD:
02/01/00 HINSON
Bill Number: H. 3693 (Word version)
Date: ADD:
02/01/00 W. MCLEOD
Bill Number: H. 3769 (Word version)
Date: REMOVE:
02/01/00 HINSON
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 4484 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT ANY SCHOOL DAYS MISSED IN 1999 BY THE STUDENTS OF ANY SCHOOL OF THE SCHOOL DISTRICT OF EDGEFIELD COUNTY DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND THE FLOODING THAT FOLLOWED ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Bill was taken up:
S. 143 (Word version) -- Senators Passailaigue, Mescher and Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON SCHOOL DISTRICT SO AS TO DEVOLVE THE BUDGETARY POWERS UPON THE CHARLESTON COUNTY COUNCIL.
Rep. ALTMAN proposed the following Amendment No. 1 (Doc Name COUNCIL\PSD\AMEND\7037SOM00), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 10 of Act 340 of 1967, as last amended by Act 1602 of 1972, is further amended to read:
"Section 10. The Board of Trustees of the Charleston School District shall prepare and submit to the Charleston County Legislative Delegation, as information, on or before the fifteenth day of August of each year beginning in 1968 a proposed budget for the ensuing school year. In order to obtain funds for school purposes the board is authorized to impose an annual tax levy, commencing in 1968, not to exceed ninety mills, exclusive of any millage imposed for bond debt service. In the event the Board determines that the annual tax levy should exceed ninety mills, the Board shall hold a public hearing on the question at least two weeks prior to submitting such request to the legislative delegation. Notice of such public hearing shall be advertised in a newspaper of general circulation in the county, and shall state the date, time and place of the hearing as well as a clearly worded statement of the requested annual tax levy. Upon certification by the Board to the county auditor of the tax levy to be imposed the auditor shall levy and the county treasurer shall collect the millage so certified upon all taxable property in the district In order to obtain funds for school purposes, the Board of Trustees of the Charleston School District is authorized to impose an annual tax levy in an amount the board deems fit."/
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. HARRELL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 7 to 2.
Rep. ALTMAN proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\AMEND\9187SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 10 of Act 340 of 1967, as last amended by Act 1602 of 1972, is further amended to read:
"Section 10. The Board of Trustees of the Charleston School District shall prepare and submit to the Charleston County Council for approval Legislative Delegation, as information, on or before the fifteenth day of August June thirtieth of each year beginning in 1968 a
Rep. ALTMAN 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 and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4443 (Word version) -- Rep. Miller: A BILL TO AMEND ACT 592 OF 1994, RELATING TO THE GEORGETOWN COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE OFFICE OF CHAIRMAN SHALL NO LONGER BE A SEPARATE AND DISTINCT OFFICE AFTER THE EXPIRATION OF THE TERM OF THE CURRENT CHAIRMAN, AND THAT THE CHAIRMAN OF THE BOARD THEREAFTER SHALL BE ELECTED BY THE MEMBERS THEREOF.
H. 4496 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 321 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL
H. 4502 (Word version) -- Reps. R. Smith, Clyburn, Huggins, Perry and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE AIKEN COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, February 8, which was adopted:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
The following Joint Resolution was taken up:
S. 862 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2425, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
Rep. ROBINSON made the Point of Order that the Joint Resolution 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. 4139 (Word version) -- Reps. Barrett and Townsend: A BILL TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO ESTABLISH AN "S" ENDORSEMENT WHICH AUTHORIZES A PERSON TO DRIVE DEPARTMENT OF EDUCATION SCHOOL BUSES OR SCHOOL DISTRICT OWNED ACTIVITY BUSES.
Rep. STUART explained the Bill.
Rep. RICE 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. 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.
Rep. SHEHEEN 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. 3770 (Word version) -- Reps. Cato, Wilkins, Tripp and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30 RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH
Rep. CATO requested debate on the Bill.
Rep. COBB-HUNTER 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. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE
Rep. EASTERDAY 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. 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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11667AC00), which was adopted:
Amend the bill, as and if amended, Section 40-6-20(5) on line 3 by deleting /sole proprietorship, / and on line 5 before the /./ by inserting /, excluding a sole proprietorship/ so when amended Section 40-6-20(5) reads:
/ (5) 'Business entity' means a partnership, limited liability partnership, corporation, limited liability company, or other business association, excluding a sole proprietorship./
Amend the bill further, Section 40-6-20 page 18, immediately after line 26 by inserting:
/ (10) 'Sole proprietorship' means an auction business owned in its entirety by an auctioneer./
Amend the bill further, by deleting Section 40-6-30 on page 18, lines 27-29.
Amend the bill further, Section 40-6-235 page 25 immediately after line 18 by inserting:
(C) Licensed real estate brokers-in-charge and real estate firms are exempt from auction firm licensure, as provided for in subsection (A), if they employ a licensed auctioneer to handle those aspects of the transactions peculiar to the auctioneer profession./
Amend the bill further, Section 40-6-370 page 31 by deleting lines 12 and 13 and inserting /Section 40-6-370. This chapter applies to all auctions held in this State except: / so when amended Section 40-6-370 reads:
/Section 40-6-370. This chapter applies to all auctions held in this State except:
(1) auctions conducted by the owner of all of the goods being offered unless the owner's regular course of business includes engaging in the sale of goods or real estate by means of auction or unless the owner originally acquired the goods for the purpose of resale;
(2) auctions conducted by or under the direction of a public authority unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions;
(3) auctions conducted pursuant to a judicial order;
(4) sales required by law to be at auction unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions;
(5) auctions conducted on behalf of a charitable, civic, or religious organization if the person conducting the sale receives no compensation unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions;
(6) auctions of motor vehicles among motor vehicle dealers if conducted by an auctioneer licensed under this chapter;
(7) auctions by a trustee pursuant to a valid power of sale. /
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4483 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE PRINCIPAL INDUCTION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2427, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. ROBINSON made the Point of Order that the Joint Resolution 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 Joint Resolution was taken up:
H. 4487 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF ELEVATOR AND AMUSEMENT RIDE SAFETY, RELATING TO NEW AND EXISTING FACILITIES, PLATFORM AND STAIRWAY CHAIR LIFTS, SUMP PUMPS OR DRAINS IN ELEVATOR PITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2464, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.
Rep. SCOTT made the Point of Order that the Joint Resolution 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. 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.
Rep. McGEE proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1816DW00), which was adopted:
Amend the bill, as and if amended, page 3, SECTION 2, by striking line 12 and inserting:
/ SECTION 2. This act takes effect January 1, 2001. /
Rep. MCGEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. RICE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4481 (Word version) -- Rep. Fleming: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO BENJAMIN CURTIS DUNBAR, OF UNION, SOUTH CAROLINA, UPON ATTAINING THE EAGLE SCOUT
H. 4500 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE AND HEARTFELT SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO FORMER GOVERNOR DAVID M. BEASLEY UPON THE DEATH OF HIS MOTHER, JACQUELINE "JACADELLE" BLACKWELL BEASLEY OF DARLINGTON COUNTY, ON JANUARY 8, 2000, AND OFFERING THE COMFORT OF THEIR COLLECTIVE FAITH AND STRENGTH IN THIS TIME OF SORROW TO HIM AND HIS FAMILY.
H. 4505 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO CONGRATULATE DR. CARL ALAN CLAYTON, DEAN OF THE UNIVERSITY OF SOUTH CAROLINA, SALKEHATCHIE REGIONAL CAMPUS, ON HIS RETIREMENT AFTER THIRTY YEARS OF DEVOTED SERVICE TO THE SCHOOL AND THE SALKEHATCHIE COMMUNITY, TO PUBLICLY RECOGNIZE HIS EFFORTS IN MAKING USC SALKEHATCHIE THE EXCELLENT LEARNING INSTITUTION IT IS, AND TO EXTEND BEST WISHES TO HIM FOR A HEALTHY AND FRUITFUL RETIREMENT.
At 12:40 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of James Tidwell of Blythewood, to meet at 10:00 a.m. tomorrow.
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