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:
Eternal God, Whose love is renewed to us each morning and Whose presence is near all the day long, may our conduct and conversation be in accord with Your way and wishes. Teach us to work in the knowledge that tomorrow will be today's yesterday, and in that knowledge do our best today. Inspire us to seek always God's mighty purposes. May we find that purpose, and then strive always to fulfill it. Teach us to love fair play and a greater trust in God.
Thank You, Lord, for the privilege of prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Pursuant to Section 11, Act No. 434 of 1998, a study committee was created to examine state law relating to the transportation, possession, and consumption of alcoholic liquor in minibottles. The committee was also directed to examine the effects of the marketing and sale of malt liquor in containers of more than one liter. The committee consisted of eleven voting and seven non-voting members.
Voting members:
Senator John C. Land III, Chairman
Senator Glenn F. McConnell
Senator Maggie W. Glover
Non-voting members:
Mr. Harold D. Watson, MADD
Mr. Gary L. Turner, S.C. Department of Revenue
Mr. R. David Miller, T Bonz Restaurant Group
Ms. Cynthia R. Konduros, SLED
Ms. Beverly G. Hamilton, S.C. Department of Alcohol and Other Drug Abuse Services
Mr. David R. Jameson, Lexington-Richland Alcohol and Drug Abuse Council
Ms. Rachel D. Erwin, S.C. Department of Public Safety
The study committee met on September 9, 1998, at which time members of the committee directed staff to research several issues and formulate responses to be distributed by mail and discussed at a subsequent meeting. The study committee met again on November 10, 1998, at which time an informational packet prepared by staff was again distributed and reviewed, testimony was given by various persons, and an in-depth discussion ensued on issues such as taxation and public safety. The consensus of the committee was that the best interests of the citizens of South Carolina should be at the center of any decision. The committee also discussed the marketing and sale of malt liquor in containers of more than one liter and agreed that there should be no prohibition on the marketing and sale of malt liquor in containers of more than one liter.
A third meeting was held on January 7, 1999. Testimony was given and a discussion followed on taxation issues, mandatory bartender training, public safety issues, and the prohibition on the marketing and sale of malt liquor in containers of one liter or more.
The following recommendations were adopted by the Liquor Sales Study Committee on January 7, 1999:
Due to his limited tenure as a member of the study committee and because of the lack of a recommended tax structure, Representative Richard M. Quinn, Jr., did not participate in voting on the recommendations made in this report.
Due to a death in the family, Senator Glenn F. McConnell was unable to attend the third meeting and, therefore, did not participate in voting on the recommendations made in this report.
Except for the above abstentions, the study committee voted to adopt the recommendations made in this report.
After careful review of the alcohol beverage laws of various states, the study committee reports the following:
1. Laws related to the sale of distilled spirits by restaurants, hotels, and other on-premise retail establishments are incorporated in the Constitution of the State of South Carolina and will require a Constitutional Amendment passed by referendum of the people to change the type of on-premise method of dispensing alcoholic liquors currently in practice. These laws include the provision which requires on-premise retail establishments to sell distilled spirits in containers of two (2) ounces or less (commonly referred to as minibottles).
2. While other states allow restaurants to sell minibottles as well as pour from large bottles, South Carolina is the only state that requires the exclusive use of minibottles by on-premise retail establishments.
3. South Carolina is the only state using a licensed alcohol beverage system that requires on-premise retailers to purchase and pick-up liquor from retail liquor stores.
4. Currently, South Carolina taxes distilled spirits at a rate of $1.42 per liter for alcohol sold by off-premise retail stores and $5.94 per liter for minibottles sold by on-premise establishments. The additional taxes generated by the minibottle tax bring approximately $13.4 million in revenue to the State of South Carolina. Based upon fiscal year 1997-98, minibottle taxes generated $17.6 million. In fiscal year 1997-98, minibottles accounted for 14.6% of the total liters of alcoholic liquors sold.
5. Liquor taxes for off-premise retail liquor stores at $1.42 per liter are the seventh highest in the country, with Florida being the highest at $1.72 per liter. Liquor taxes for on-premise establishments at $5.94 per liter are the highest in the country, with Florida coming in second at $5.12 per liter and Oklahoma in third at $2.47 per liter. The Florida General Assembly repealed $3.40 per liter of the on-premise tax during the 1998 session, only to be vetoed by the Governor. The national average for on-premise liquor taxes is $1.27 per liter.
6. Several states have higher taxes imposed for the sale of on-premise alcohol, the vast majority of which are computed as higher sales taxes on mixed drinks. In South Carolina and North Carolina, on-
On motion of Rep. JENNINGS, with unanimous consent, the report was ordered printed in the Journal.
Document No. 2257
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-104-20
Palmetto Fellows Scholarship: 1999-2000
Received by Speaker of the House of Representatives January 20, 1998
Referred to House Committee on Education and Public Works
Legislative Review Expiration February 3, 1999
The following was introduced:
S. 308 (Word version) -- Senators Passailaigue, McConnell, Washington, Ford, Mescher, Ravenel, Branton, Grooms, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McGill, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, and Wilson: A CONCURRENT RESOLUTION TO COMMEND AND THANK DR. JAMES B. EDWARDS UPON HIS RETIREMENT FOR HIS MANY YEARS OF DEDICATED SERVICE AS PRESIDENT OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND FOR HIS CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND TO THE NATION THROUGHOUT HIS CAREER.
Whereas, Dr. James B. Edwards is retiring as President of the Medical University of South Carolina, has served as President for sixteen years, and is known and widely respected for leading MUSC into unprecedented growth and prosperity; and
Whereas, he was President of his graduating class at the University of Louisville School of Dentistry; and
Whereas, Dr. Edwards was Chairman of the Charleston County Republican Party from 1964 until 1969; and
Whereas, beginning in 1968, he served for four years on the Statewide Committee for Comprehensive Health Care Planning; and
Whereas, Dr. Edwards was a member of the South Carolina Senate from 1972 until 1974; and
Whereas, he was elected South Carolina Governor in 1975 and was the first Republican Governor since Reconstruction; and
Whereas, in 1978 he was the Chairman of the Southern Governor's Conference; and
Whereas, Dr. Edwards served as U.S. Secretary of Energy under President Ronald Reagan from 1981 to 1982; and
Whereas, he became President of the Medical University of South Carolina in 1982; and
Whereas, he was awarded the Order of the Palmetto in 1994 by Gov. Carroll Campbell and inducted into the South Carolina Hall of Fame in 1997; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this outstanding South Carolinian for his loyal and dedicated service to the Medical University of South Carolina upon the occasion of his retirement and for his many other contributions as a political and community leader. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby commend Dr. James B. Edwards for his exemplary service as President of the Medical University of South Carolina, and for his other outstanding contributions to the State of South Carolina, and further wish him the very best in his retirement.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Brown G. Brown H. Brown J. Brown T. Campsen Canty Carnell Cato Cave Clyburn Cobb-Hunter Cooper Dantzler Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Smith D. Smith J. Smith R. Spearman Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, January 14.
J. Gary Simrill Daniel L. Tripp G. Ralph Davenport, Jr. Bill Cotty Harry R. Askins Thomas N. Rhoad Fletcher N. Smith, Jr. H. B. "Chip" Limehouse III Jerry N. Govan, Jr. Larry L. Koon
DOCTOR OF THE DAY
Announcement was made that Dr. William H. "Bill" Hester of Florence 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."
CO-SPONSOR ADDED
Bill Number: H. 3024 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3108 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3133 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3154 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3155 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3156 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3185 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3202 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3233 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3238 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3153 (Word version)
Date: ADD:
01/14/99 CAMPSEN
CO-SPONSOR ADDED
Bill Number: H. 3179 (Word version)
Date: ADD:
01/14/99 LEACH
CO-SPONSOR ADDED
Bill Number: H. 3194 (Word version)
Date: ADD:
01/14/99 MCGEE
CO-SPONSOR ADDED
Bill Number: H. 3192 (Word version)
Date: ADD:
01/14/99 MCGEE
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Delleney, Easterday, Gamble,
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 3264 (Word version) -- Reps. Young-Brickell, Chellis, Harrell, Bailey and Cobb-Hunter: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE SUMMERVILLE SCHOOL DISTRICT OR DORCHESTER COUNTY SCHOOL DISTRICT 2 IN DORCHESTER COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE 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.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 3260 (Word version) -- Reps. Harrell, Seithel, Limehouse, Mack, Inabinett, Breeland, Chellis, Campsen and Whipper: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE CHARLESTON COUNTY SCHOOL DISTRICT IN CHARLESTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE 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.
H. 3277 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES, BY ADDING RULE 3.12 SO AS TO ESTABLISH A DRESS CODE FOR MEMBERS AND EMPLOYEES OF THE HOUSE, OTHER THAN PAGES; TO AMEND RULE 4.8, RELATING TO THE COMMITMENT OR RECOMMITMENT OF A BILL, REPORT, PETITION, OR OTHER PAPER BEFORE THE HOUSE, SO AS TO ADD CONCURRENT RESOLUTION TO THOSE INSTRUMENTS WHICH MAY BE AFFECTED BY THIS RULE AND DELETE THE REQUIREMENT THAT THE INSTRUMENT ORIGINATE IN THE HOUSE; TO AMEND RULE 4.13, RELATING TO PERSONS PERMITTED TO ADDRESS THE HOUSE AND INVITATIONS EXTENDED TO THE HOUSE, SO AS TO DELETE THE REQUIREMENT THAT INVITATIONS TO FUNCTIONS FOR THE HOUSE WOULD NOT BE ACCEPTED AFTER THE THIRD THURSDAY IN MAY; BY ADDING RULE 4.19 SO AS TO MAKE AVAILABLE ELECTRONICALLY A SUMMARY OF A BILL OR JOINT RESOLUTION, IF IT IS AVAILABLE, WHEN REPORTED
Be it resolved by the House of Representatives:
(1) That the Rules of the House are amended by adding:
"3.12 Members and employees of the House, other than pages, shall observe appropriate and dignified attire which means coat, trousers, shirt and tie for males and dress, skirt, slacks and blouse, or pants suits for females."
(2) That Rule 4.8 of the Rules of the House is amended to read:
"4.8 Any bill, report, petition or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon. Provided, further, that the Speaker may, in his discretion, commit to a committee any bill, or joint resolution, or concurrent resolution, which originated in the House and was returned from the Senate with an amendment that has so materially changed the bill that the bill's contents, as amended by the Senate, are no longer substantially germane to the bill, or joint resolution, or concurrent resolution as it passed the House. Such bill, or joint resolution, or concurrent resolution may be reported out of the committee with its recommendation and shall be placed on the calendar
(3) That the second paragraph of Rule 4.13 of the Rules of the House is amended to read:
"Any invitations extended to the House as a whole to attend any functions shall be submitted to the Committee on Invitations and Memorial Resolutions at least 10 days in advance in order that it may determine what legislation or other pertinent matters may be pending before the House and its committees before the invitation is accepted. The House shall accept no invitations to any functions other than a breakfast or luncheon prior to 6:00 p.m. Pages are not permitted to attend such functions. No invitations to functions for the House as a whole will be accepted after the third Thursday in May or during the week anticipated for the debate of the State Appropriations Bill."
(4) That the Rules of the House are amended by adding:
"4.19 When a bill or resolution is reported out of a standing committee of the House of Representatives, a summary of the bill or resolution prepared by the staff of that committee, if such summary is available, may be made available to the members electronically. Each summary prepared by staff shall have the following language printed in bold capital letters at the top of the summary: 'THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT'."
(5) That Rule 5.3 B. is amended to read:
"B. Germaneness and Amendments: The General Appropriations Bill and Supplemental Appropriations Bills shall include only
(6) That Rule 5.14 of the Rules of the House is amended to read:
"5.14 No report of a Committee on Conference or Free Conference, except on a Sine Die Resolution, the General Appropriations Bill, the Supplemental Appropriations Bill, the Capital Reserve Fund, or local matters, shall be considered until such report has been printed in the House Journal and explained by the conferees on the floor of the House."
(7) That the second paragraph of Rule 6.1 of the Rules of the House is amended to read:
"Provided, further, that during the first six three weeks of legislative sessions, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held."
(8) That Rule 7.3(i) of the Rules of the House is amended to read:
"(i) Each member must shall be issued one key electronic card by the Sergeant at Arms to activate the key lock on the voting console on his desk to operate the electronic voting system. That key card may
(9) That Rule 8.10 of the Rules of the House is amended to read:
"8.10 Any member may without debate, call for the division of a question and the House may divide the question if the Speaker shall appear to comprehend determines the question so distinct that, one being taken away, the rest may stand entirely on its own."
(10) That the first paragraph of Rule 8.14 of the Rules of the House is amended to read:
"8.14 When a question shall have been once decided in the affirmative or negative, any member who voted with the prevailing side may on the same day or the next day of the sitting of the House move for reconsideration thereof and the House if in session for statewide matters, shall immediately have the question of reconsideration before it except when Special Orders are being considered. If the House is not in session for statewide matters or have before it a matter under Special Order, it shall have the question of reconsideration before it as provided in Rule 6.3. Provided, that if the motion to reconsider concerns an amendment to the matter under Special Order, the House shall immediately have the question of reconsideration before it. If the House shall refuse to reconsider, or, upon reconsideration, shall affirm its first decision, no further motion shall be in order except by unanimous consent, provided, that once a motion to reconsider is made it may not be withdrawn except in the same day in which it was made."
(11) That Rule 9.4 of the Rules of the House is amended to read:
"9.4 A proposed amendment shall be in order regardless of the number of changes proposed therein to the matter under debate,
(12) That the Rules of the House are amended by adding:
"9.6 Proposed amendments to local bills may not impact, affect, or reference any portion of a county other than the county originally referenced in the local bill."
(13) That the second paragraph of Rule 10.1 of the Rules of the House is amended to read:
"The present and former members and officers and present employees of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the Lieutenant Governor; each statewide constitutional officer; the present members, officers, and employees of the Senate; the present employees of the Legislative Council; dignitaries and the family of members designated by the Speaker, employees of the respective legislative delegations; the employees of legislative caucuses; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by any one except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking personal favors nor any former member who has filed as a candidate or is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the chamber without special leave of the House. Provided, that no member of the Press may conduct interviews within the House Chamber while the House is in session."
(14) That the Rules of the House are amended by adding:
"10.6 Laptop computers located in the House Chamber may not be removed from the Chamber."
(15) That Rule 10.7 of the Rules of the House is amended to read:
"10.7 No smoking or use of tobacco products is permitted in any area under the exclusive control of the House of Representatives unless
(16) That the Rules of the House are amended by deleting Rule 10.10 in its entirety.
Rep. D. SMITH moved to divide the question, which was agreed to.
(1) That the Rules of the House are amended by adding:
"3.12 Members and employees of the House, other than pages, shall observe appropriate and dignified attire which means coat, trousers, shirt and tie for males and dress, skirt, slacks and blouse, or pants suits for females, unless otherwise excused by the Speaker in his sole discretion."
Rep. D. SMITH explained the question.
The question was adopted.
(2) That Rule 4.8 of the Rules of the House is amended to read:
"4.8 Any bill, report, petition or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon. Provided, further, that the Speaker may, in his discretion, commit to a committee any bill, or joint resolution, or concurrent resolution, which originated in the House and was returned from the Senate with an amendment that has so materially changed the bill that the bill's contents, as amended by the Senate, are no longer substantially germane to the bill, or joint resolution, or concurrent resolution as it passed the House. Such bill, or joint resolution, or concurrent resolution may be reported out of the committee with its recommendation and shall be placed on the calendar under second reading and proceed through the calendar. If not amended it shall be enrolled as an act and ratified. If said bill, or joint resolution, or concurrent resolution shall be amended, it shall be returned to the Senate at the conclusion of the process as a House amendment."
(3) That the second paragraph of Rule 4.13 of the Rules of the House is amended to read:
"Any invitations extended to the House as a whole to attend any functions shall be submitted to the Committee on Invitations and Memorial Resolutions at least 10 days in advance in order that it may determine what legislation or other pertinent matters may be pending before the House and its committees before the invitation is accepted. The House shall accept no invitations to any functions other than a breakfast or luncheon prior to 6:00 p.m. Pages are not permitted to attend such functions. No invitations to functions for the House as a whole will be accepted after the third Thursday in May or during the week anticipated for the debate of the State Appropriations Bill."
Rep. D. SMITH explained the question.
The question was adopted.
(4) That the Rules of the House are amended by adding:
"4.19 When a bill or resolution is reported out of a standing committee of the House of Representatives, a summary of the bill or resolution prepared by the staff of that committee, if such summary is available, may be made available to the members electronically. Each summary prepared by staff shall have the following language printed in bold capital letters at the top of the summary: 'THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT'."
Rep. D. SMITH explained the question.
The question was adopted.
(5) That Rule 5.3 B. is amended to read:
"B. Germaneness and Amendments: The General Appropriations Bill and Supplemental Appropriations Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, directives and procedures relative thereto; and no provision of an Appropriations Bill, and no amendment thereto, shall be in order unless its substantial effect is directly germane to these purposes. No provision shall be put in a permanent part of any such bill unless it relates directly to the purpose of an appropriation being made or revenue provided therein for the fiscal year referred to in the bill. An amendment which has the effect of appropriating funds in excess of ten million dollars during the fiscal year stated within the bill shall include within the amendment the corresponding appropriation reduction(s) and/or revenue increase(s) within the same section that shall fully fund the amendment's proposed appropriation(s) or have attached to it in writing an explanation of the appropriation reduction(s) and/or revenue increase(s) from the different section(s) that shall fully fund the amendment's proposed appropriation(s). The provisions of this paragraph shall be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriations Bill and Supplemental Appropriations Bills."
Rep. D. SMITH explained the question.
Rep. SHEHEEN spoke against the question.
Rep. D. SMITH spoke in favor of the question.
The SPEAKER granted Reps. HARRIS and JENNINGS a leave of absence for the remainder of the day due to a trial before an Administrative Law Judge for citizens of Haire Town.
Rep. D. SMITH continued speaking.
Rep. SCOTT spoke against the question.
Rep. SHEHEEN moved to recommit the question to the Rules Committee.
Rep. D. SMITH raised the Point of Order that once a question is divided for debate, each question must be disposed of before the motion to recommit can be made.
Rep. SHEHEEN argued that the House had divided the question, which in effect created 15 different questions to be considered and that
Rep. SHEHEEN moved to table the question.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Battle Bowers Breeland Brown G. Brown T. Canty Carnell Cave Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harvin Hayes Hines J. Hines M. Inabinett Jennings Kennedy Kirsh Lee Lloyd Lourie Mack Maddox McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Smith F. Smith J. Stille Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Askins Barfield Barrett Bauer Beck Brown H. Brown J. Campsen Cato Cooper Cotty Dantzler Davenport Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harrison Hawkins
Hinson Keegan Kelley Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin Mason McGee Meacham Neilson Quinn Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith D. Smith R. Spearman Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the question.
The question then recurred to the adoption of the question, which was agreed to.
(6) That Rule 5.14 of the Rules of the House is amended to read:
"5.14 No report of a Committee on Conference or Free Conference, except on a Sine Die Resolution, the General Appropriations Bill, the Supplemental Appropriations Bill, the Capital Reserve Fund, or local matters, shall be considered until such report has been printed in the House Journal and explained by the conferees on the floor of the House."
Rep. D. SMITH explained the question.
The question was adopted.
(7) That the second paragraph of Rule 6.1 of the Rules of the House is amended to read:
"Provided, further, that during the first six three weeks of legislative sessions, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held."
Rep. D. SMITH explained the question.
The question was adopted.
(8) That Rule 7.3(i) of the Rules of the House is amended to read:
"(i) Each member must shall be issued one key electronic card by the Sergeant at Arms to activate the key lock on the voting console on his desk to operate the electronic voting system. That key card may not be duplicated by the member nor may a duplicate be issued to a member. The key card must not be left in the key lock voting console at any time while the member is not within the outer doors of the chamber. If a member loses his key card, a replacement will be issued by the Sergeant at Arms at the member's expense. If a member is temporarily without his key card while the House is in session, the Sergeant at Arms will provide a temporary key card to that member at the member's request for that day only, and that key card may not be removed from the House Chamber."
Rep. D. SMITH explained the question.
The question was adopted.
(9) That Rule 8.10 of the Rules of the House is amended to read:
"8.10 Any member may without debate, call for the division of a question and the House may divide the question if the Speaker shall appear to comprehend determines the question so distinct that, one being taken away, the rest may stand entirely on its own."
Rep. D. SMITH explained the question.
The question was adopted.
(10) That the first paragraph of Rule 8.14 of the Rules of the House is amended to read:
"8.14 When a question shall have been once decided in the affirmative or negative, any member who voted with the prevailing side may on the same day or the next day of the sitting of the House move for reconsideration thereof and the House if in session for statewide matters, shall immediately have the question of reconsideration before it except when Special Orders are being considered. If the House is not in session for statewide matters or have
Rep. D. SMITH explained the question.
The question was adopted.
(11) That Rule 9.4 of the Rules of the House is amended to read:
"9.4 A proposed amendment shall be in order regardless of the number of changes proposed therein to the matter under debate, provided such amendment is otherwise in order. Proposed amendments must be typewritten and in the proper format for the computer system except as allowed by the Speaker at his discretion."
Rep. D. SMITH explained the question.
Rep. W. MCLEOD spoke against the question.
Rep. HOWARD spoke against the question.
The question was adopted by a division vote of 51 to 47.
(12) That the Rules of the House are amended by adding:
"9.6 Proposed amendments to local bills may not impact, affect, or reference any portion of a county other than the county originally referenced in the local bill."
Rep. D. SMITH explained the question.
The question was adopted.
(13) That the second paragraph of Rule 10.1 of the Rules of the House is amended to read:
"The present and former members and officers and present employees of the House of Representatives; the members of the Press
Rep. D. SMITH explained the question.
The question was adopted.
(14) That the Rules of the House are amended by adding:
"10.6 Laptop computers located in the House Chamber may not be removed from the Chamber."
Rep. D. SMITH explained the question.
The question was adopted.
(15) That Rule 10.7 of the Rules of the House is amended to read:
"10.7 No smoking or use of tobacco products is permitted in any area under the exclusive control of the House of Representatives unless the area is otherwise designated a 'smoking area' by the Speaker. Smoking for purposes of this Rule includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment. Provided, further, that the consumption of food is not permitted within the House Chamber."
Rep. D. SMITH explained the question.
Rep. MEACHAM spoke against the question.
Rep. WILKINS spoke in favor of the question.
Rep. RHOAD spoke against the question.
Rep. MEACHAM moved to table the question.
The House refused to table the question by a division vote of 35 to 70.
The question was then adopted.
(16) That the Rules of the House are amended by deleting Rule 10.10 in its entirety.
Rep. D. SMITH explained the question.
Rep. SHEHEEN spoke against the question.
The question then recurred to the adoption of the question.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Brown H. Brown J. Campsen Cato Cooper Dantzler Davenport Easterday Edge Emory Fleming Gilham Hamilton Harrell Harrison Hawkins Hinson Keegan Kelley Klauber Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Maddox Martin Mason McGee Meacham Quinn Rice Riser Rodgers Sandifer Seithel
Sharpe Simrill Smith D. Smith R. Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown T. Canty Carnell Cave Clyburn Cobb-Hunter Cotty Delleney Gamble Gourdine Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Kirsh Knotts Lloyd Lourie Mack McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Smith F. Smith J. Spearman Stille Whipper Wilder Wilkes
So, the question was adopted.
Rep. ASKINS moved to reconsider the vote whereby Question 5 was adopted.
Rep. SIMRILL moved to table the motion to reconsider.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Allison Altman Barfield Barrett Bauer Beck Brown H. Campsen Cato Cooper Cotty Dantzler Davenport Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harrison Hawkins Hinson Keegan Kelley Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin Mason McGee Meacham Neilson Quinn Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith D. Smith R. Spearman Stille Stuart Taylor Townsend Tripp Vaughn Walker Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown J. Brown T. Canty Carnell Cave Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kirsh Lee Lloyd Lourie Mack Maddox McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Ott Parks Phillips Pinckney Rhoad Rutherford Scott
Sheheen Smith F. Smith J. Whipper Wilder Wilkes
So, the motion to reconsider was tabled.
Rep. WOODRUM moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3274 (Word version) -- Reps. Carnell, Klauber, Parks, Stille, Wilder, Taylor, W. McLeod, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, Campsen, Canty, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Spearman, Stuart, T. Brown, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THE PALMETTO STATE'S MOST PROMINENT AND RESPECTED LEADERS, THE HONORABLE WILLIAM TOWNES JONES III, A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND FORMER SOLICITOR OF THE EIGHTH JUDICIAL CIRCUIT.
At 11:58 A. M. the House in accordance with the motion of Rep. WOODRUM, adjourned to meet at 10:00 A.M. tomorrow.
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