Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Our Father God, in the awareness of our limited wisdom, we turn to You Whose dwelling place is beyond earth born clouds. We lift our grateful hearts for the heritage which is ours, bought by toils and tears other than our own. Give an abundant measure of understanding, humility, and charity to these who for our State's welfare are entrusted in this Chamber with the power of legislation. When the seamless robe of humanity is rent by strife and discord, use us as instruments of reconciliation. Keep us in step with the drumbeat of Your Word as we go marching on. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HAWKINS moved that when the House adjourns, it adjourn in memory of Nellie Lister of Spartanburg, which was agreed to.
The following was received.
Memorandum To: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, March 24, 1999
The Citadel
At large
one seat Col. John A. McAllister, Jr. (Mt.Carmel)
Mr. Julian G. Frazier III (Sumter)
Mr. Robert M. Sutton (Myrtle Beach)
Coastal Carolina University
Six congressional districts and two at large
1st District, Seat 1 Mr. Clark B. Parker (Myrtle Beach)
Ms. Gloria A. Bonali (Conway)
Mr. Ronald R. Norton (Conway)
2nd District, Seat 3 Mr. Oran P. Smith (Columbia)
3rd District, Seat 5 Mr. Payne H. Barnette, Jr.(Greenwood)
4th District, Seat 7 Ms. Elaine W. Marks (Spartanburg)
5th District, Seat 9 Ms. Juli Streater Powers (Bennettsville)
6th District, Seat 11 Mr. Fred F. DuBard, Jr. (Florence)
At-large, Seat 13 Mr. H. Franklin Burroughs (Conway)
Ms. Etrulia P. Dozier (Conway)
At-large, Seat 15 Mrs. Lee Mason (Surfside Beach)
South Carolina State
Three congressional districts
2nd District, Seat 2 Mr. Samuel Glover (Columbia)
4th District, Seat 4 Dr. James L Bullard (Greenville)
Mr. John A. McCarroll (Lyman)
Wil Lou Gray Opportunity School
At-large
Three seats Mr. Vince Rhoads (West Columbia)
Dr. Louis T. Scott (Florence)
Mr. Lowell C. "Butch" Spires (Cayce)
Dr. Barbara D. Dilligard (Charleston)
At-large
One seat Mr. Robert L. Thompson (Fort Mill)
Mr. Rick Lee (Rock Hill)
Received as information.
The following was introduced:
H. 3761 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THOMAS SIDNEY BASS, HEAD FOOTBALL COACH OF SENECA HIGH SCHOOL ON THE OCCASION OF HIS RETIREMENT AND ON BEING NAMED THE 1999 RECIPIENT OF THE DISTINGUISHED COACH AWARD FROM THE SOUTH CAROLINA FOOTBALL COACHES ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. GAMBLE, with unanimous consent, the following was taken up for immediate consideration:
H. 3762 (Word version) -- Reps. Gamble and McCraw: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 17, 1999, AND FRIDAY, JUNE 18, 1999.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Girls State is authorized to use the chambers of the House of Representatives and the Senate on Thursday, June 17, 1999, from 9:30 A.M. to 12:00 P.M. and on Friday, June 18, 1999, from 2:00 P.M. to 4:00 P.M. for its annual legislative activity. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that no charges may be made for the use of the House and Senate chambers by Palmetto Girls State on these dates.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3763 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, 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, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING REVEREND JOHN C. WILLIAMS OF RICHLAND COUNTY ON THE OBSERVANCE OF HIS TENTH ANNIVERSARY AS PASTOR OF MACEDONIA BAPTIST CHURCH, AND COMMENDING HIM FOR HIS MANY YEARS OF HUMANITARIAN SERVICE THROUGHOUT THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 644 (Word version) -- Senators McConnell, Washington, Ford, Jackson and Courson: A CONCURRENT RESOLUTION TO HONOR MR. MAC ARTHUR GOODWIN UPON HIS ELECTION AS PRESIDENT OF THE NATIONAL ART EDUCATION ASSOCIATION, WHICH IS THE WORLD'S LARGEST PROFESSIONAL ART EDUCATION ASSOCIATION AND A LEADER IN EDUCATIONAL RESEARCH, POLICY, AND PRACTICE FOR ART EDUCATION.
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. 3764 (Word version) -- Reps. Sheheen, Harrison, Altman and Delleney: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A RETIRED JUDGE OR JUSTICE BEING ASSIGNED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PRESIDE OVER CERTAIN CASES, SO AS TO PROVIDE THAT AN ACTIVE RETIRED JUDGE FROM THE CIRCUIT COURT HAS THE SAME POWERS AT CHAMBERS AS A JUDGE OF THE CIRCUIT COURT.
Referred to Committee on Judiciary
H. 3765 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-172 SO AS TO PROVIDE THAT A DISTRICT COMMANDER OF THE SOUTH CAROLINA HIGHWAY PATROL DIVISION MUST MAINTAIN HIS PRIMARY RESIDENCE WITHIN THE DISTRICT IN WHICH HE IS ASSIGNED AND MUST BE ON-CALL TWENTY-FOUR HOURS, SEVEN DAYS A WEEK.
Referred to Committee on Education and Public Works
H. 3766 (Word version) -- Rep. Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-25 SO AS TO MAKE IT AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE FOR A PERSON WHO MAILS CERTAIN MERCHANDISE
H. 3767 (Word version) -- Reps. Mack, Harvin, Knotts, Allen, Bowers, Breeland, Clyburn, Davenport, Govan, J. Hines, Howard, Inabinett, Lloyd, Neal, Parks, Phillips, Pinckney, Robinson, Stille and Whipper: A BILL TO AMEND SECTION 12-45-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF AD VALOREM TAXES ON REAL PROPERTY, SO AS TO REQUIRE A COUNTY TO ALLOW A TAXPAYER ELECTION TO PAY THOSE TAXES IN MONTHLY INSTALLMENTS.
Referred to Committee on Ways and Means
H. 3768 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE MUNICIPAL SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A ONE PERCENT SALES AND USE TAX IN A MUNICIPALITY, TO PROVIDE FOR THESE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, TO REQUIRE THE TAX REVENUE TO BE USED TO REDUCE MUNICIPAL PROPERTY TAXES, AND TO RESCIND THE TAX WHEN THE COUNTY IN WHICH A MUNICIPALITY IS LOCATED ADOPTS A LOCAL OPTION SALES TAX.
Referred to Committee on Ways and Means
H. 3769 (Word version) -- Reps. Miller, Allen, Bales, Battle, Bowers, Breeland, J. Brown, Cato, Cobb-Hunter, Gilham, Hayes, J. Hines, Howard, Inabinett, Kennedy, Knotts, Lanford, Lloyd, Lourie, Lucas, Mack, Maddox, McCraw, McMahand, Meacham, Moody-Lawrence, Neal, Neilson, Rhoad, Sheheen, F. Smith, J. Smith, Trotter and Wilder: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES TRANSFERRED TO THE SOUTH CAROLINA DEPARTMENT OF
H. 3770 (Word version) -- Reps. Cato and Wilkins: 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
The following was introduced:
H. 3771 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL, IN AIKEN COUNTY, UPON WINNING THE CLASS 2AA STATE MARCHING BAND CHAMPIONSHIP FOR THE SECOND YEAR IN SUCCESSION.
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 Altman Bales
Barfield Barrett Battle Beck Bowers Breeland Brown H. Brown J. Campsen Carnell Cato Chellis Cooper Dantzler Delleney Easterday Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Leach Lee Limehouse Lloyd Loftis Lourie Lucas Mack Martin Mason McCraw McGee McKay McMahand Meacham Miller Moody-Lawrence Ott Parks Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith J. Smith R. Stille Stuart Taylor Trotter Vaughn Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, March 24.
Merita Allison Harry Askins George Bailey Andre Bauer Ralph Canty William Clyburn Gilda Cobb-Hunter Bill Cotty Doug Smith Ralph Davenport Tracy Edge Fletcher Smith Grady Brown Jerry Govan Alex Harvin Curtis Inabinett Douglas Jennings Steve Lanford
James Law Lanny Littlejohn E.B. "Mac" McLeod Cordell Maddox Joseph Neal Denny Neilson Olin Phillips Richard Quinn Todd Rutherford John Scott RonaldTownsend Walton McLeod Robert Walker Jackson Whipper Timothy Wilkes Thomas Woodrum
The SPEAKER granted Rep. T. BROWN a leave of absence for the week due to constituent services.
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
Announcement was made that Dr. Robert Belding 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. 3153 (Word version)
Date: ADD:
03/11/99 ROBINSON
Bill Number: H. 3379 (Word version)
Date: ADD:
03/11/99 RISER
Bill Number: H. 3276 (Word version)
Date: ADD:
03/11/99 ROBINSON
Bill Number: H. 3617 (Word version)
Date: ADD:
03/11/99 SANDIFER
Bill Number: H. 3673 (Word version)
Date: ADD:
03/11/99 W. MCLEOD
Bill Number: H. 3379 (Word version)
Date: REMOVE:
03/11/99 HASKINS
Bill Number: H. 3379 (Word version)
Date: REMOVE:
03/11/99 LOFTIS
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3742 (Word version) -- Rep. Phillips: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON MARCH 9, 1999, BY THE
H. 3469 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100 SO AS TO PROHIBIT HUNTING, FISHING, AND TRAPPING ON LANDS OR PRIVATE WATERS WITHOUT PERMISSION FROM THE OWNER OR HIS AGENT, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS SECTION, AND FOR SUSPENSION OF HUNTING AND FISHING PRIVILEGES.
Rep. WITHERSPOON explained the Bill.
H. 3709 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CATO explained the Joint Resolution.
H. 3749 (Word version) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOL WAS CLOSED DUE TO LOSS OF HEAT IN THE BUILDINGS, IS EXEMPT 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 Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
H. 3698 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATIONS OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES.
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. MCCRAW moved to adjourn debate upon the following Bill until Wednesday, April 7, which was adopted:
H. 3418 (Word version) -- Reps. Sharpe and R. Smith: A BILL TO AMEND SECTION 48-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FOREST LAND, SO AS TO FURTHER DEFINE "FOREST LAND"; TO AMEND SECTION 48-33-30, RELATING TO THE DEFINITION OF FOREST FIRE, SO AS TO FURTHER DEFINE "FOREST FIRE"; TO AMEND SECTION 48-33-60, RELATING TO COUNTY FORESTRY BOARDS, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE ANNUAL FOREST FIRE PROTECTION PLAN AND PROVIDE THAT COUNTY FOREST FIRE PROTECTION OFFICES SHALL BE EMPLOYED ONLY WITH THE CONSENT OF THE COUNTY FORESTRY BOARD; AND TO AMEND SECTION 48-33-70, RELATING TO PLANS FOR FOREST FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE COMMISSION OF FORESTRY SHALL PREPARE A PLAN FOR FOREST FIRE PROTECTION.
The following Bill was taken up:
H. 3646 (Word version) -- Reps. Leach, Cato, Easterday, Hamilton, Haskins, Loftis, Rice, Tripp and Vaughn: A BILL TO AMEND ACT 521 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS AND FOR THE NOMINATION OF CANDIDATES.
Reps. LOFTIS, VAUGHN, CATO, LEACH, HAMILTON, EASTERDAY AND HASKINS proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9165SOM99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. (A) A binding referendum must be held at the same time as the 2000 general election in the Greenville County School District on the question of whether or not the qualified electors of the district favor partisan elections of the trustees of the board. The referendum for this purpose must be conducted by the Greenville County Election Commission at the same time as the 2000 general election. The county commissioners of election shall conduct and supervise the referendum in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The cost of the referendum shall be paid by the school district.
(B) The question put before the qualified electors of the district at the 2000 binding referendum shall read:
"Do you favor electing the members of the Board of Trustees of the Greenville County School District in partisan elections beginning with the general election in the year 2002?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 2. Section 1 of Act 521 of 1992 is repealed upon certification of a majority "yes" vote in the referendum held pursuant to Section 1 of this act.
SECTION 3. Beginning with the 2002 election, the Board of Trustees of the Greenville County School District consists of twelve members who must be elected in partisan elections to be held in the manner as provided by law. One member of the board must be a resident of and elected from each of the twelve defined single-member election districts established in Section 2 of Act 521 of 1992. In the 2002 election, members of the board must be elected from the odd-numbered districts for four-year terms. Thereafter, their successors also must be elected for four-year terms. The members of the board who reside in the even-numbered districts shall continue to be members of the board representing these respective districts until 2004 at which time they or their successors shall be elected for four-year terms. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.
Each member of the board must be elected by the qualified electors of that district. Candidates must be elected at the time of the general election according to the provisions of Title 7 of the 1976 Code, mutatis mutandis.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.
The candidate receiving the highest number of the votes in each district in the election must be declared elected.
The members of the board elected in these partisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
Except for those members of the board from the even-numbered districts who shall continue to serve until 2004 as provided by this section, the current members of the board shall continue to be selected and serve as provided by law until the members elected in the 2002 election qualify and take office, at which time the then current terms of the present members of the board shall expire.
SECTION 4. In the event of a vacancy occurring on the board of trustees of the Greenville County School District from the certification of a favorable vote in the referendum held at the general election in 2000 until ten months before the regular trusted election in 2002, the board shall call a special nonpartisan election to fill the unexpired term. In the event of a vacancy occurring in the ten months before the 2002 election, the vacancy must be filled for the unexpired term or for a full term as appropriate at the 2002 election. The county commissioners of election shall conduct and supervise the special election in the manner governed by the election laws of the State, mutatis mutandis.
SECTION 5. Section 1 takes effect upon approval by the Governor. The remaining sections take effect only upon certification of a majority "yes" vote in the referendum held pursuant to Section 1./
Amend title to read:
/ TO PROVIDE FOR A REFERENDUM IN THE GREENVILLE COUNTY SCHOOL DISTRICT TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED VOTERS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FAVOR ELECTING THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT IN PARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION OF 2002, TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR THE ELECTION OF THE BOARD OF TRUSTEES IN PARTISAN ELECTIONS, THAT THE ELECTION OF SCHOOL TRUSTEES CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION OF 2002 WILL BE PARTISAN, TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR PARTISAN ELECTIONS, SECTION 1 OF ACT 521 OF 1992 IS REPEALED UPON CERTIFICATION OF THE RESULTS OF THAT REFERENDUM, AND TO PROVIDE FOR
Rep. LOFTIS explained the amendment.
Rep. WALKER raised a Point of Order that H. 3646 should be placed on the statewide uncontested calendar.
SPEAKER WILKINS stated that the Bill was already on the statewide uncontested calendar and he therefore overruled the Point of Order.
Rep. MCMAHAND moved to adjourn debate on the Bill until Tuesday, March 30, which was agreed to.
The following Bill was taken up:
H. 3153 (Word version) -- Reps. Wilkins, Jennings, Rodgers, Harrison, Cotty, Wilder, Law, Harris, Chellis, Fleming, D. Smith, Simrill, J. Brown, Cato, R. Smith, Woodrum, Allison, Littlejohn, Sandifer, Lee, Keegan, Barrett, Harvin, Lucas, Young-Brickell, Emory, Rhoad, Harrell, Meacham, Edge, Haskins, Campsen, Maddox, Hinson, Govan, F. Smith, J. Smith, Lourie, Rutherford, Allen, Ott, Kennedy, Bales, Knotts, Rice, Riser and Robinson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 26 SO AS TO ENACT THE "DRUG TREATMENT COURT ACT" INCLUDING PROVISIONS TO ESTABLISH THE OFFICE OF A STATE DRUG TREATMENT COURT DIRECTOR AND ADVISORY COMMITTEE, TO PROVIDE THAT THE DIRECTOR OF THE SENTENCING GUIDELINES COMMISSION IS THE DIRECTOR OF THIS OFFICE, TO PROVIDE FOR THE ESTABLISHMENT OF A DRUG TREATMENT COURT PROGRAM FUND, AND TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL DRUG TREATMENT COURT MANAGEMENT COMMITTEES.
Rep. HARRISON moved to recommit the Bill, which was agreed to.
Rep. CATO moved to adjourn debate upon the following Bill until Thursday, March 25, which was adopted:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Harris, J. Smith, Gilham and Robinson: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
On motion of Rep. H. BROWN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:
S. 448 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO AMEND SECTION 72.37 J., PART IB, ACT 419 OF 1998, RELATING TO EXPENSE REIMBURSEMENTS FOR STATE EMPLOYEES USING A PERSONAL VEHICLE FOR OFFICIAL BUSINESS, SO AS TO REDUCE THE MILEAGE REIMBURSEMENT RATE FROM 32.5 CENTS TO 31 CENTS PER MILE IN ORDER TO CONFORM WITH A REDUCTION IN THE
On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Ways and Means:
S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF FOURTEEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
On motion of Rep. FLEMING, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:
H. 3671 (Word version) -- Reps. Fleming, Bales, Cato, Hayes, Koon, Limehouse, Littlejohn, Mason, Rhoad, Riser, Sandifer, R. Smith, Stille and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 17 SO AS
The motion period was dispensed with on motion of Rep. FLEMING.
The following Joint Resolution was taken up:
H. 3677 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES AND TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. ROBINSON moved to adjourn debate on the Joint Resolution until Tuesday, April 6.
Rep. SCOTT moved to table the motion.
Rep. ROBINSON demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bales Breeland Carnell Cobb-Hunter Gourdine Hayes Hines J. Hines M. Howard Lee Lloyd Lourie Mack McLeod W. Ott Parks Pinckney Scott Sheheen Smith J. Stille Stuart Whipper Wilder
Allen Allison Altman Barfield Barrett Battle Beck Bowers Brown H. Brown J. Campsen Cato Chellis Dantzler Davenport Delleney Edge Emory Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Jennings Keegan Kelley Kirsh Knotts Koon Lanford Law Leach Limehouse Loftis Lucas Martin Mason McCraw McKay Meacham Moody-Lawrence Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith D. Smith R. Taylor Townsend Trotter Vaughn Webb Whatley Wilkes Wilkins Witherspoon Young-Brickell
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate until Tuesday, April 6, which was agreed to.
The following Bill was taken up:
H. 3158 (Word version) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Cobb-Hunter, Ott, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith,
Rep. CAMPSEN proposed the following Amendment No. 2, which was adopted.
Amend the bill, as and if amended, by inserting Section 1-32-45 to read:
/ Section 1-32-45. (A) For purposes of this chapter, a state or local correctional facility's regulation shall be deemed "in furtherance of a compelling state interest" if the facility demonstrates that:
(1) the religious activity sought to be engaged in by a prisoner is presumptively dangerous to the health or safety of that prisoner;
(2) the religious activity poses a direct threat to the health, safety, or security of other prisoners, correctional officials, or the public;or
(3) the religious activity requires the correctional facility to expend excessive public funds.
(B) A state or local correctional facility regulation may not be deemed the "least restrictive means" of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional officials, or the public./
Rep. CAMPSEN explained the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. COTTY spoke in favor of the amendment.
The amendment was then adopted.
Those who voted in the affirmative are:
Allen Altman Askins Bales Barfield Barrett Battle Bauer Beck Bowers Brown G. Brown H. Brown J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Hamilton Harrell Harris Harvin Haskins Hayes Hines J. Hines M. Hinson Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Loftis Lourie Lucas Mack McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Ott Parks Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Simrill Smith D. Smith J. Smith R. Stille Stuart Taylor Townsend Trotter Vaughn Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Lloyd Pinckney
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1999" INCLUDING PROVISIONS TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MAGISTRATES APPOINTED AFTER JANUARY 1, 2000, MUST HAVE, AT THE TIME OF APPOINTMENT, A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT MAGISTRATES APPOINTED AFTER JANAURY 1, 2000, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND MUST PRESENT CERTIFIED PROOF TO THE SOUTH CAROLINA COURT ADMINISTRATION AND TO PROVIDE THAT MAGISTRATES SERVING ON JANUARY 1, 2000, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 DURING
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9072SOM99), which was adopted.
Amend the bill, as and if amended, Section 22-8-40(F)page 10, line 38, by adding at the end:
/ However, a part-time magistrate may not work more than forty hours a week, unless the chief magistrate determines there are emergency circumstances. / So that when amended, Section 22-8-40(F) reads:
/(D)(F) Part-time magistrates are entitled to a proportionate percentage of the salary provided for full-time magistrates. This percentage is computed by dividing by forty the number of hours a week the part-time magistrate spends in the performance of his duties. The number of hours a week that a part-time magistrate spends in the exercise of the judicial function, and scheduled to be spent on call, must be the average number of hours worked and is fixed by the county governing body and upon the recommendation of the chief magistrate. However, a part-time magistrate may not work more than forty hours a week, unless the chief magistrate determines there are emergency circumstances. /
Amend the bill further, Section 22-8-40(G), page 11, line 12, by adding at the end:
/ A magistrate must be paid the supplement only for the period of time he serves as chief magistrate. / So that when amended, Section 22-8-40(G) reads:
/ (F)(G) A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties. In counties with more than one full-time magistrate, the term of office for chief magistrate is two years, and the office must be rotated among the magistrates as determined by the South Carolina Court Administration. A part-time chief magistrate must be paid a yearly supplement of fifteen hundred dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties. A magistrate must be paid the supplement only for the period of time he serves as chief magistrate./
Amend title to conform.
Rep. DAVENPORT proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9086SOM99), which was adopted.
Amend the bill, as and if amended, SECTION 11, by striking Section 22-8-40(A)(2), beginning on page 8, line 5, and inserting:
/ (2) The South Carolina Court Administration must review and approve each county's designation of full-time and part-time magistrates. With the approval of the South Carolina Court Administration, a magistrate and the appropriate county governing body may contract with a municipality to preside over its court in the manner provided by law. /
Amend the bill further, as and if amended, by striking Section 22-8-40(J)(K), beginning on page 11, lines 23-25 and inserting:
/ (J)(K) No A county may not pay a magistrate a salary lower than the salary established for that county by the provisions of subsection (B) of this section. Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for that county. /
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. COTTY spoke in favor of the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\AMEND\1337DW99), which was adopted.
Amend the bill, as and if amended, page 4, line 14, by inserting after /degree/ / or a two-year associate degree from a college, university, or state technical college /.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Barfield Beck Campsen Chellis Cotty Edge Fleming Harrell Harrison Keegan Lourie Maddox McGee McKay Sandifer Sharpe Smith D. Smith J. Smith R. Stuart Wilkins Witherspoon
Those who voted in the negative are:
Allison Askins Bailey Bales Barrett Battle Bauer Bowers Breeland Brown G. Brown H. Carnell Cato Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Emory Gamble Gilham Gourdine Hamilton Harris Haskins Hayes Hines J. Hines M. Hinson Howard Jennings Kennedy Kirsh Klauber Knotts Koon Law Leach Limehouse Lloyd Loftis Lucas Mack Martin McCraw McLeod M. McLeod W. McMahand Meacham Miller
Moody-Lawrence Neal Neilson Ott Parks Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Scott Sheheen Simrill Smith F. Stille Taylor Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Woodrum
So, the House refused to table the amendment.
Rep. FLEMING spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. COTTY demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 68 to 21.
Rep. KIRSH proposed the following Amendment No. 4 (Doc Name COUNCIL\PT\AMEND\1335DW99), which was tabled.
Amend the bill, as and if amended, page 12, line 15, by striking /twenty/ and inserting /fifteen/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. COTTY spoke against the amendment.
Rep. COTTY moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:
Allen Altman Askins Barrett Bauer Beck Brown H. Brown J. Campsen Chellis Clyburn Cobb-Hunter Cotty Dantzler Edge Emory Fleming Gilham Hamilton Harrell Harris Harrison Harvin Hawkins Hines M. Hinson Inabinett Jennings Keegan Kelley Kennedy Klauber Knotts Lanford Law Leach Limehouse Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McMahand Neilson Ott Pinckney Quinn Rodgers Sandifer Sharpe Smith D. Smith F. Smith J. Smith R. Stuart Taylor Whatley Whipper Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Bales Barfield Battle Bowers Carnell Cato Davenport Delleney Gamble Gourdine Govan Haskins Hayes Hines J. Howard Kirsh Koon Littlejohn Lloyd Loftis McLeod M. McLeod W. Meacham Miller Moody-Lawrence Neal Parks Phillips Rhoad Rice Riser Robinson Scott Sheheen Simrill
Stille Townsend Trotter Vaughn Webb Wilder Witherspoon
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 5 (Doc Name COUNCIL\PT\AMEND\1336DW99), which was rejected.
Amend the bill, as and if amended, page 12, line 38; and page 13 lines 6, 19, and 26 by striking /forty-one/ and inserting /twenty-five/.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. COTTY spoke against the amendment.
Rep. COTTY moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bauer Beck Campsen Canty Cotty Dantzler Emory Fleming Gilham Harrell Harris Harrison Keegan Kelley Klauber Knotts Lanford Lourie Lucas Martin Mason McGee McKay Rodgers Smith D. Smith J. Smith R. Stuart Taylor Walker Webb Whipper Wilkins Woodrum
Allen Altman Askins Bailey Bales Barfield Barrett Battle Bowers Brown G. Brown H. Brown J. Carnell Cato Chellis Cobb-Hunter Davenport Delleney Gamble Gourdine Govan Hamilton Harvin Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Kirsh Koon Law Leach Limehouse Littlejohn Lloyd Loftis Mack McCraw McLeod M. McLeod W. Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Quinn Rhoad Rice Robinson Sandifer Scott Sheheen Simrill Smith F. Stille Townsend Trotter Vaughn Whatley Wilder Wilkes Witherspoon Young-Brickell
So, the House refused to table the amendment.
Rep. HARRISON spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HARRISON demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Bowers Canty Carnell Cato Davenport
Gamble Haskins Kirsh McLeod W. Meacham Miller Rhoad Rice Robinson Sheheen Vaughn Witherspoon Young-Brickell
Those who voted in the negative are:
Allen Allison Altman Askins Barfield Barrett Battle Bauer Beck Breeland Brown G. Brown H. Brown J. Campsen Chellis Clyburn Cobb-Hunter Cotty Dantzler Delleney Edge Emory Fleming Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Martin Mason McCraw McGee McKay McLeod M. McMahand Moody-Lawrence Neal Neilson Ott Parks Phillips Quinn Rodgers Sandifer Scott Sharpe Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Walker Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum
Reps. COTTY, HARRISON and DELLENEY proposed the following Amendment No. 6 (Doc Name \GGS\22247SOM99), which was adopted.
Amend the bill, as and if amended, Section 11, by striking, lines 40 through 43 on page 8 and lines 1 through 2 on page 9 and inserting:
/ Census, the base salary is twenty-two thousand dollars Magistrates shall receive an annual pay increase based on the percentage increase received annually by circuit court judges. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN spoke against the Bill.
Rep. F. SMITH spoke in favor of the Bill.
Rep. WHIPPER spoke in favor of the Bill.
Rep. HARRISON spoke in favor of the Bill.
Rep. ROBINSON raised a Point of Order that the Bill required a two-thirds vote pursuant to Code Section 4-9-55.
SPEAKER WILKINS stated that it did not require a two-thirds vote under Code Section 4-9-55(A)(2) and he therefore overruled the Point of Order.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bauer Beck Breeland Brown G. Brown H. Brown J.
Campsen Canty Carnell Cato Chellis Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines J. Hines M. Howard Inabinett Jennings Keegan Kelley Kennedy Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Sandifer Scott Seithel Sharpe Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bowers Kirsh McLeod M. Robinson Sheheen Vaughn
I was temporarily out of the chamber but would have voted in favor of the Bill.
Rep. WILLIAM CLYBURN
I voted against H. 3379 because I object to the mandated pay change and fee increases. I do agree that we need to improve the magistrate system by upgrading the qualifications of magistrates and increasing their jurisdiction. However, I am troubled by the pay and fee mandates.
Rep. ALFRED B. ROBINSON, JR.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3772 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO COMMEND THE LUGOFF-ELGIN "DEMONS" HIGH SCHOOL WRESTLING TEAM, ITS COACHES, AND STAFF ON WINNING THE 1999 STATE CLASS AAA WRESTLING CHAMPIONSHIP, ITS THIRD CONSECUTIVE STATE CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 3773 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING LONNIE B. NELSON ELEMENTARY SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING SELECTED A "BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3774 (Word version) -- Reps. Pinckney and Inabinett: A CONCURRENT RESOLUTION TO HONOR AND EXTEND SINCERE BEST WISHES TO MR. WILLIAM SEABROOK, SR., ON THE OCCASION OF HIS NINTY-FIFTH BIRTHDAY ON MARCH 31, 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3775 (Word version) -- Reps. Battle, Bailey, Bales, Barfield, Breeland, J. Brown, Dantzler, Edge, Gilham, Gourdine, Harris, Harrison, Harvin, Hayes, Jennings, Keegan, Kelley, Kennedy, Limehouse, Lloyd, Lourie, Mack, McGee, McKay, M. McLeod, Miller, Ott, Parks, Phillips, Pinckney, Riser, Rodgers, Sandifer, Scott, Sharpe, F. Smith, R. Smith and Witherspoon: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, TO PROHIBIT FEDERAL RECOUPMENT OF STATE TOBACCO SETTLEMENT RECOVERIES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3776 (Word version) -- Reps. Miller, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, 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, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham,
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3777 (Word version) -- Reps. R. Smith, Clyburn and Mason: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY BEGINNING WITH THE YEAR 1999, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.
On motion of Rep. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3778 (Word version) -- Reps. Vaughn, Koon and Kelley: A BILL TO AMEND ARTICLE 5, CHAPTER 79, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO ELIMINATE THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND AND ESTABLISH THE FUND WITHIN THE DEPARTMENT OF INSURANCE UNDER THE EXECUTIVE AUTHORITY OF THAT DEPARTMENT'S DIRECTOR.
Referred to Committee on Labor, Commerce and Industry
H. 3780 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND SECTION 59-18-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC PLANS AND ACTIONS FOR STUDENTS LACKING SKILLS TO PERFORM AT THEIR CURRENT GRADE LEVEL, SO AS TO FURTHER PROVIDE FOR THESE ACADEMIC PLANS AND ACTIONS AUTHORIZED TO BE TAKEN INCLUDING A REQUIREMENT THAT THE STUDENTS ATTEND A COMPREHENSIVE REMEDIATION PROGRAM AND FURTHER REQUIREMENTS IN REGARD TO THE PROMOTION OR RETENTION OF THESE STUDENTS.
Referred to Committee on Education and Public Works
H. 3781 (Word version) -- Reps. Knotts, Koon, Simrill, Bowers, Clyburn, Davenport, Gourdine, Hawkins, Lucas, McCraw, McGee, McMahand, Phillips, Riser, Stille and Townsend: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM THE SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW THE DEDUCTION OF EMPLOYER-PAID OBLIGATIONS OF AN EMPLOYEE TO ESTABLISH SERVICE CREDIT IN THE VARIOUS STATE RETIREMENT SYSTEMS.
Referred to Committee on Ways and Means
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harris, Harrison, Harrell, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham, Miller, 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
Rep. LAW moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3722 (Word version) -- Reps. Lucas, J. Hines and Neilson: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 29 - APRIL 3, 1999, AS "SOUTHEASTERN BASEBALL CLASSIC WEEK".
H. 3761 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THOMAS SIDNEY BASS, HEAD FOOTBALL COACH OF SENECA HIGH SCHOOL ON THE OCCASION OF HIS RETIREMENT AND ON BEING NAMED THE 1999 RECIPIENT OF THE DISTINGUISHED COACH AWARD FROM THE SOUTH CAROLINA FOOTBALL COACHES ASSOCIATION.
H. 3763 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, 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, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille,
H. 3771 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL, IN AIKEN COUNTY, UPON WINNING THE CLASS 2AA STATE MARCHING BAND CHAMPIONSHIP FOR THE SECOND YEAR IN SUCCESSION.
At 12:45 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned in memory of Nellie Lister of Spartanburg, to meet at 10:00 A.M. tomorrow.
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