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:
At the death of Clarence E. Stuart, husband of Representative Elsie Rast Stuart:
God of the ages and our God today, we thank You for Your unfailing presence as our companion whatever our situation might be. We are saddened by the loss sustained by our distinguished colleague, Elsie Rast Stuart, in the death of her husband, Col. Clarence E. Stuart. Grant to her and to other family members and friends who mourn, as sure hope-confident in Your loving care-as they cast their sorrows on You and thus feel the consolation of Your love. Give to all of us a certain hope and a sure expectation of eternal life. May sympathy unite our hearts to each other and bind us to You. Give us Your peace this day and every day. 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. KNOTTS moved that when the House adjourns, it adjourn in memory of Colonel Clarence E. Stuart, husband of Representative Elsie Rast Stuart, which was agreed to.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted:
March 31, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
We are inviting the members of the legislature to a breakfast meeting with Dr. John Perkins, international author, speaker and lecturer on April 29, 1999, at 8:15 AM. This meeting will be held in the Blatt Building, Room 221.
Dr. Perkins will begin speaking at 9:00 AM and end promptly at 9:30 AM. Breakfast will be served from 8:15 AM to 9:00 AM. Dr. Perkins topic of discussion will be "If not welfare, then what?"
For more information, please contact Richard Summerford, CEF State Director, at (803) 798-8647.
In His Service,
Richard N. Summerford
State Director, Child Evangelism Fellowship of SC
March 15, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I would like to invite you and the members of the South Carolina House of Representatives to a luncheon hosted by the South Carolina Department of Parks, Recreation and Tourism and the South Carolina tourism industry in conjunction with National Tourism Week. The Governor's Tourism Appreciation Luncheon will be held on the South lawn of the State House grounds from 1:00-2:30 P.M. on Tuesday, May 4, 1999.
Tourism in our State continues to be a pillar of our economy, not only strengthening families through the job creation process, but also providing visiting families with the type of entertainment you and I demand in our own leisure time.
The purpose of National Tourism Week (May 2-8, 1999) is to raise the awareness of the contribution of the tourism industry to the economic growth and quality of life of South Carolina. In particular, we would like to thank this broad-based industry, our allies and customers for "making tourism work" for South Carolina.
Please join us as we celebrate the growth and contribution of tourism to an improved quality of life for all South Carolinians. We look forward to seeing you and members of the South Carolina House of Representatives on May 4.
Sincerely,
William R. "Buddy" Jennings
January 25, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Directors and Members of the South Carolina Transportation Council invite the Members of the House of Representatives and Staff to join us at a reception to be held Tuesday, May 4, 1999, at the Clarion Town House from 6:00 P.M. to 8:00 P.M.
We look forward to visiting with you at that time.
Very truly yours,
Phil Denny, President
South Carolina Transportation Policy and Research Council
October 6, 1998
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina Association of REALTORS(r), an invitation is extended to the House of Representatives to attend a Breakfast Reception. We would like to request that Wednesday, May 5, 1999, be reserved on the House calendar for this event.
The conference is sponsored by the South Carolina Association of REALTORS(r) and the South Carolina REALTORS(r) Political Action Committee. As mentioned above, the Breakfast Reception will be on Wednesday, May 5, 1999, from 7:30-9:00 at the Capital City Club. REALTORS(r) from across the State will attend to meet their legislators, learn more about the political process, and visit the State House and General Assembly. The reception will be an excellent opportunity for House members to meet their REALTOR(r) constituents.
We would be honored if the House Members would join us at the Capital City Club. Should you have any questions concerning this matter, please contact Jennifer at the State Association at (803) 772-5206. We look forward to hearing from you.
Sincerely,
John Rinehart, CRB, CRS, GRI President
David Anderson South Carolina RPAC Chairman
April 7, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
A T & T cordially invites the members and staff of the South Carolina House of Representatives to join us for a reception honoring the South Carolina General Assembly, Wednesday, May 5, 1999, from 6:00 - 8:00 P.M. This event will be held at the new Rosewood Ballroom located at the SC State Fairgrounds (1200 Rosewood Drive).
Thank you for taking time from your busy schedule to attend our event. We look forward to seeing you and your fellow House members on the 5th.
Sincerely,
Deborah Winegard, AT & T Vice President
Law & Gov't Affairs Division (SC NC GA LA)
August 21, 1998
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Governmental Affairs Committee of The Citadel Alumni Association, on behalf of our Citadel alumni and friends of The Citadel, cordially extend an invitation to the members of the House of Representatives, their spouses and attaches to attend the 24th Annual Citadel Alumni Association Legislative Barbecue. This event is held to honor the members of the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals and Judges of the Circuit Court.
The 1999 barbecue is scheduled for Tuesday, May 11 in the Cantey Building on the State Fair Grounds from 6:30 P.M. to 10:00 P.M. Dress will be casual. Everyone attending must be at least 21 years of age.
We would request that this invitation be extended to the members of the House of Representatives by placing an announcement on the House calendar. A formal invitation will be sent to you and to the members of the House about ten days prior to the barbecue.
Very truly yours,
LTC Frederick J. Whittle
President
June 18, 1998
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Dairy Association wishes to extend to the members of the South Carolina House of Representatives, their spouses, staff and attaches, an invitation to "Ice Cream Under the Veranda" scheduled for Wednesday, May 12, 1999 from 10:00 A.M. until 3:30 P.M. "Ice Cream Under the Veranda" will be held at the State House or on State House Grounds, as directed by leadership. Please call us at (803) 772-5354 if you have any questions.
Sincerely
Don Hudson
President
March 11, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The men and women of the South Carolina Beer Association invite the members and staff of the House of Representatives to an evening party. Please join us on May 12, 1999 from 6:00 until 8:00 P.M. at the Riverbanks Zoo Botanical Gardens for food and fellowship.
We look forward to seeing you then.
Sincerely,
Kay Fortune
Executive Director
January 28, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Representative Quinn:
This letter serves as a follow-up to our phone conversation. The American Heart Association would like to postpone the Legislative Breakfast event scheduled for Thursday, February 11 from 8:00-10:00 A.M. We are rescheduling this event for Thursday, May 13,1999.
We apologize for any inconvenience this change may have caused. Thank you for your assistance.
Sincerely,
Suzanne Hyman
Director of Advocacy
January 21, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
This is to confirm that the Independent Insurance Agents of South Carolina would like to invite the members of the South Carolina House of Representatives to a reception in honor of the 100th anniversary of our association.
The reception will be held on Wednesday, May 19, 1999, beginning at 6:00 P.M. at The Embassy Suites Hotel in Columbia. The reception will conclude between 7:30 and 8:00 P.M.
Please forward any information or communication regarding this invitation to Mr. Frank Sheppard, Director of Membership Services, IIASC, P0 Box 210008, Columbia, 29221. He can also be reached at (803) 731-9460.
Thank you for your assistance.
Very truly yours,
Charles S. Dorton
President
March 16, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Society of the Plastics Industry, Inc. (SPI) has finally decided on a date for our 10th Annual South Carolina Plastics Industry reception for the South Carolina General Assembly and Statewide Constitution Officers, and their staff.
New Date: May 18, 1999, from 6:00 P.M. to 8:00 P.M. Please note the new location for the reception is the STADIUM CENTER located at 1100 Key Road, Columbia, SC.
Please release the date of May 6, 1999, being held for SPI for the barbecue style luncheon we were originally planning to host on the State Capital Grounds.
I trust that I will be receiving the required reporting forms in the mail for the legislative reception in the near future. SPI's mailing address is as follows:
The Society of the Plastics Industry, Inc.
7 N. Laurens St., Suite 606
Greenville, SC 29601
Thank you for all your patience and assistance helping me to pick the best date for our event. Please call me at (864) 239-0169, if you have any questions or concerns.
Sincerely,
Pamela Rastatter
SPI South
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan and Barrett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3906 (Word version) -- Reps. Whatley, Knotts, Sharpe, Law, Maddox, Riser and Taylor: A BILL TO AMEND SECTION 50-21-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT REPORTS FOR VESSELS FILED WITH THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT REPORTS ARE AVAILABLE UPON WRITTEN REQUEST FROM ANY PERSON SO LONG AS THE INFORMATION CONTAINED THEREIN IS NOT TO BE USED FOR COMMERCIAL SOLICITATION PURPOSES, ESTABLISH A MISDEMEANOR OFFENSE, AND PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3907 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO HOSPITALITY CABINETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3908 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS ADMINISTERED UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF MANUFACTURED HOME MANUFACTURERS, RETAIL DEALERS, SALES PERSONS, CONTRACTORS, INSTALLERS, AND REPAIRERS.
Referred to Committee on Labor, Commerce and Industry
H. 3909 (Word version) -- Rep. Lucas: A BILL TO REPEAL SECTION 50-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TAKING OF CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 679 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY REGARDING BUILDINGS, USE OF HAZARDOUS SUBSTANCES, EXPLOSIVES, SERVICE STATIONS, LIQUEFIED PETROLEUM GAS, TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, FIRE EXTINGUISHERS, LOCAL DETENTION FACILITIES, AND PROXIMATE AUDIENCE PYROTECHNICS DESIGNATED AS REGULATION DOCUMENT NUMBER 2410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 684 (Word version) -- Senators Grooms and Mescher: A BILL TO ENACT THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.
Referred to Committee on Berkeley Delegation
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Askins Bailey Bales Barfield Barrett Beck Bowers Breeland Brown G. Brown H. Brown J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. Meacham Miller Neal Neilson Ott Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Taylor Townsend Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 13.
John Altman James Battle Bill Cotty Jerry Govan Steve Lanford James Law David Mack Bessie Moody-Lawrence Lynn Seithel Harry Stille Daniel Tripp Teddy Trotter
LEAVE OF ABSENCE
The SPEAKER granted Rep. STUART a leave of absence for the week due to her husband's death.
Announcement was made that Dr. Roy Nickles of Charleston is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3617 (Word version)
Date: ADD:
04/13/99 INABINETT
Bill Number: H. 3617 (Word version)
Date: ADD:
04/13/99 WHATLEY
Bill Number: H. 3884 (Word version)
Date: REMOVE:
04/13/99 WHATLEY
Bill Number: H. 3884 (Word version)
Date: REMOVE:
04/13/99 KNOTTS
Rep. RHOAD presented to the House the Andrew Jackson High School "Confederates" Football Team, the 1998 Class A State Champions, their coaches and other school officials.
The following Bill was taken up:
H. 3807 (Word version) -- Reps. Inabinett, Bailey, Beck, Breeland, J. Brown, Emory, J. Hines, M. Hines, Lee, Littlejohn, Lloyd, Mack, Neal, Phillips, Pinckney, Rhoad, Rutherford, Stuart and Whipper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE BINGO TAX ACT, SO AS TO PROVIDE DIFFERENT HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE ADVERTISING AND OPERATING THE GAME FOR SENIOR CITIZENS; AND TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO THE CLASSES OF BINGO LICENSES, SO AS TO PROVIDE SPECIFIC HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE OPERATING THE GAME FOR SENIOR CITIZENS.
Rep. HASKINS proposed the following Amendment No. 3 (Doc Name H-PROTEM\AMEND\TEHBINGO2), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
SECTION 1. Section 12-21-3920(6) of the 1976 Code, as added by Act 449 of 1996, is amended to read:
"(6) 'Session' means a consecutive series of games which must occur only between one o'clock p.m. and one o'clock a.m. No more than one session may occur during the permitted twelve-hour period during which time the use of electronic gaming equipment of any type is prohibited. These limitations do not apply to games operated by state or county fairs. However, for a Class C licensee advertising and operating bingo games for senior citizens, the sessions must occur only between eleven o'clock a.m. and eleven o'clock p.m."
SECTION 2. The first paragraph of Section 12-21-4020(3) of the 1976 Code, as last amended by Act 334 of 1998, is further amended to read:
"CLASS C: An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session. When the organization with a Class C license offers sessions of bingo for senior citizens, the session must occur between eleven o'clock a.m. and eleven o'clock p.m. The department, in its discretion, may allow certain Class C licenses to use hard bingo cards in lieu of the paper cards required by this article."
SECTION 3. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. INABINETT raised a Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. HASKINS stated that the amendment was germane to the title of the Bill and simply added an additional limitation to the regulation and operation of bingo games.
Rep. SCOTT stated that the Bill dealt with the hours of operation bingo games for senior citizens and the amendment dealt with bingo equipment.
SPEAKER WILKINS overruled the Point of Order.
Rep. HASKINS continued speaking.
Rep. COTTY moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Bowers Breeland Brown J. Clyburn Cobb-Hunter Cotty Hines J. Hines M. Howard Inabinett Knotts Lee Lloyd McLeod M. McMahand Miller Parks Rhoad Rutherford Scott Smith F. Whatley Wilder
Those who voted in the negative are:
Allen Allison Altman Askins Bales Barrett Beck Campsen Canty Carnell Cato Chellis Cooper Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Haskins Hawkins Hayes Hinson Keegan Kelley Kirsh Klauber Koon Leach Limehouse Littlejohn Loftis Lourie Lucas Mason McCraw McGee McKay McLeod W. Meacham Neal Neilson Pinckney Rice Riser Robinson Rodgers Sandifer Sheheen Simrill Smith R. Taylor Tripp Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
Rep. KNOTTS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Beck Brown H. Campsen Canty Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Haskins Hawkins Hines M. Hinson Keegan Kirsh Klauber Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Martin Mason McCraw McGee McKay McLeod W. McMahand Neal Pinckney Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith F. Smith R. Taylor Vaughn Walker Whatley Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bowers Breeland Brown G. Brown J. Clyburn Cobb-Hunter Cotty Harrison Hayes Hines J. Howard Inabinett Jennings Knotts Lee Lucas Maddox McLeod M. Miller Neilson Ott Parks Rutherford Scott Wilkes
So, the amendment was adopted.
Rep. YOUNG-BRICKELL proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\AMEND\9221SOM99), which was adopted.
Amend the bill, as and if amended, Section 1, line 32, after /./ by adding:
/ A session of bingo, otherwise permitted, must not be held on a federal or state legal holiday. /
Amend title to conform.
Rep. YOUNG-BRICKELL explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then adopted by a division vote of 41 to 23.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. WILKES a leave of absence for the remainder of the day.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3824 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO EXAMINATIONS, LICENSES, TESTING, RECORDS, CERTIFICATION CHIROPRACTOR/PATIENT RELATIONSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.
H. 3825 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO DEFINITION OF ORIENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2421, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.
H. 3829 (Word version) -- Reps. Klauber, Carnell, Clyburn, W. McLeod, Parks, Stille, Taylor and Wilder: A BILL TO AMEND SECTION 43-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE GLEAMNS HUMAN RESOURCES COMMISSION, SO AS TO PROVIDE THAT COMMISSION MEMBERS MUST BE APPOINTED BY THE GOVERNING BODIES OF THE COUNTIES PARTICIPATING IN THE COMMISSION.
Rep. KLAUBER explained the Bill.
The following Joint Resolution was taken up:
H. 3812 (Word version) -- Reps. Loftis, Cato, Hamilton, Haskins, Leach, Tripp and Vaughn: A JOINT RESOLUTION 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 THE STRUCTURE AND PROCEDURE FOR ELECTION OF THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FROM THAT DATE ON.
Reps. HASKINS, EASTERDAY, RICE, LOFTIS, LEACH, VAUGHN, CATO, HAMILTON and TRIPP proposed the following Amendment No. 1 (Doc Name H-PROTEM\AMEND\GVLSCH), which was ruled out of order.
Amend the resolution, 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 all South Carolina School Districts 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 Respective County Election Commissions 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 general election shall read:
"Do you favor electing the members of the Board of Trustees of the 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. Any act to the contrary is repealed upon certification of a majority "yes" vote in the referendum held pursuant to Section 1 of this joint resolution.
SECTION 3. Beginning with the 2002 election, the Board of Trustees of the all South Carolina School Districts consist of 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 defined single-member election districts. 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 any 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 trustee 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.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. SHEHEEN raised a Point of Order that Amendment No. 1 was out of order in that it dealt with a statewide matter and the Joint Resolution dealt with a local matter.
Rep. HASKINS argued contra.
Rep. TRIPP argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. W. MCLEOD moved to commit the Joint Resolution to the Judiciary Committee.
Rep. HASKINS moved to table the motion.
Rep. HOWARD demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barrett Beck Brown G. Campsen Cato Cooper Davenport Delleney Easterday Edge Harrell Haskins Jennings Keegan Kelley Klauber Koon Leach Loftis Lucas Mason McGee Rhoad Rice Riser Seithel Simrill Taylor Tripp Vaughn Webb Wilkins
Those who voted in the negative are:
Battle Cotty Howard Lanford Littlejohn Lloyd McLeod W. McMahand Miller Ott Rutherford Smith F. Wilder
So, the motion to commit was tabled.
Rep. LOFTIS explained the Joint Resolution.
Rep. F. SMITH spoke against the Joint Resolution.
Rep. TRIPP spoke in favor of the Joint Resolution.
Rep. F. SMITH moved to table the Joint Resolution, which was rejected by a division vote of 3 to 9.
The question then recurred to the passage of the Joint Resolution.
Rep. F. SMITH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Cato Easterday Haskins Leach Loftis Rice Tripp Vaughn
Those who voted in the negative are:
McLeod W. McMahand Smith F. Wilkins
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3809 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIO ON "ALL OTHER PERSONAL PROPERTY", SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY INCLUDING PASSENGER MOTOR VEHICLES, RECREATIONAL VEHICLES, PICKUP TRUCKS, TRAILERS, MOTORCYCLES, BOATS, AND PRIVATE AIRCRAFT, AND EXCLUDING UNITS OF MANUFACTURED HOUSING AND COMMERCIALLY OPERATED AIRCRAFT, ALL AS DEFINED BY LAW, AND PROVIDING AN ASSESSMENT RATIO FOR THIS NEW CLASS EQUAL TO NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE DECLINING OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT AND TO PROVIDE EFFECTIVE DATES.
H. 3815 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THE LANGUAGE FOR THE EXPLANATION OF THE CONSTITUTIONAL BALLOT COMMISSION FOR THE AMENDMENT TO THE CONSTITUTION OF THIS STATE PROPOSED PURSUANT TO H. 3809 OF 1999.
Rep. ROBINSON moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3910 (Word version) -- Reps. Cooper, H. Brown, Gourdine, Hinson, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, 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, Scott, 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 RECOGNIZING FRANCIS S. CURREY OF MONCKS CORNER ON THE MILITARY HONORS BESTOWED UPON HIM BY A GRATEFUL NATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3911 (Word version) -- Reps. Robinson, D. Smith, Kelley, Barrett, Allison, Easterday, Wilkins, H. Brown, Harrell, Woodrum, Simrill, Allen, Altman, Barfield, Beck, Campsen, Cato, Cooper, Dantzler, Davenport, Edge, Fleming, Gamble, Hamilton, Harrison, Haskins, Hinson, Keegan, Knotts, Leach, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, Mason, McGee, Meacham, Rice, Riser, Rodgers, Sandifer, Sharpe, R. Smith, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Witherspoon and Young-Brickell: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PHASE IN AN EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, TO PROVIDE THAT GENERAL FUND REVENUES MUST BE CREDITED TO THE EIA FUND IN FISCAL YEARS 1999-00 THROUGH 2003-04 TO ENSURE THAT EIA REVENUES ATTRIBUTABLE TO FOOD SALES ARE NOT LESS THAN SUCH REVENUES IN FISCAL YEAR 1998-99, AND TO PROVIDE FOR THE APPLICATION OF LOCAL SALES AND USE TAXES ON SALES AND CONSUMPTION OF THESE FOOD ITEMS REGARDLESS OF THE STATE EXEMPTION FOR THESE ITEMS.
Referred to Committee on Ways and Means
H. 3912 (Word version) -- Reps. Gilham, Lloyd and Rodgers: A BILL TO AMEND SECTION 50-21-136, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
Rep. TROTTER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3897 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION CONGRATULATING MS. NANCY ELIZABETH "LIBBY" BAKER OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT ON BEING NAMED "1999 SOUTH CAROLINA TEACHER OF THE YEAR".
H. 3898 (Word version) -- Rep. Askins: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING MARY M. LAW UPON HER RETIREMENT AS EXECUTIVE DIRECTOR OF SCBRPELS.
At 1:05 P.M. the House in accordance with the motion of Rep. KNOTTS adjourned in memory of Colonel Clarence E. Stuart, husband of Representative Elsie Rast Stuart, to meet at 10:00 A.M. tomorrow.
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