Printed Page 1250, Jan. 26
| Printed Page 1270, Jan. 26
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Printed Page 1250, Jan. 26
| Printed Page 1270, Jan. 26
| Mr. Speaker and my fellow colleagues in the South Carolina House of Representatives, I would like to take this opportunity to express my anger and disappointment that you would pass H.4333 without making the slightest effort to comply with instructions from the U. S. Supreme Court. The reason we are here today dealing with this issue, the second time in less than two years, is because it wasn't done right the first time. The first plan was drawn with little consideration given to a group of individuals that make up a significant part of the citizenry of South Carolina, namely African-Americans. And today, by the vote most of you cast, you are again saying to African-Americans in this State, "you don't count."
I have listened as many of my colleagues talk about the recent decision of the Court in the North Carolina Shaw case. You would have me believe that because of that decision, you now can't draw any more black districts. Well, that's just your excuse to not do what you know is right. The directive from the Court was clear when South Carolina's plan was sent back - draw more black districts where possible. Several plans were presented to this body that would have created more black districts without gerrymandering. Your rejection of every one of these plans sends a clear message to every African-American citizen in South Carolina, that you are just not willing to do what you know is right.
Rep. JUANITA WHITE
The following Bill was taken up.
H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, January 20, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading by a
division vote of 66 to 17.
The following Bill was taken up.
H. 3999 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-70 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS.
Rep. CROMER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3188AL.94).
Amend the bill, as and if amended, Section 24-13-70(B)(2), page 2, line 20, by deleting /five/ and inserting /ten/.
Amend further Section 24-13-70 by adding:
/(D) All medical costs incurred by a inmate during his incarceration must be paid upon his release from a correctional facility or a judgment entered against him or his estate if the inmate was executed or died while in the custody of the Department of Corrections./
Renumber subsections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CROMER having the floor.
Rep. HODGES moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4618 -- Reps. Graham, Meacham, Hallman, A. Young, Quinn, Gonzales, Allison, Govan, Fulmer, H. Brown, Davenport, Simrill, Sturkie, Walker, Holt, D. Smith, Thomas, Corning, Richardson, Robinson, Wilkins, Marchbanks, Shissias, T.C. Alexander, Sharpe, Harrison, P. Harris, Hutson, Chamblee, Harrell, Farr, Cato, McElveen,
Referred to Committee on Ways and Means.
H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR TRUSTOR'S SPOUSE.
Referred to Committee on Judiciary.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. CROMER having the floor.
H. 3999 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-70 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS.
Debate was resumed on Amendment No. 1 by Rep. CROMER.
Rep. CROMER continued speaking.
The amendment was then adopted.
Rep. HODGES explained the Bill.
Rep. WHIPPER moved to table the amendment, which was agreed to.
Rep. J. BROWN moved to table the Bill.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Beatty Breeland Brown, J. Byrd Govan Hines Inabinett Kennedy McMahand Moody-Lawrence Whipper Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Brown, H. Carnell Cato Corning Cromer Davenport Delleney Elliott Fair Farr Felder Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Harvin Haskins Hodges Houck Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Marchbanks Mattos McCraw McElveen McKay McTeer Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick
Sheheen Shissias Simrill Smith, D. Snow Spearman Stille Stoddard Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the Bill.
Reps. MOODY-LAWRENCE, BEATTY, ANDERSON, HINES, McMAHAND, WHIPPER, INABINETT, BREELAND and KENNEDY objected to the Bill.
Rep. LANFORD moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
The following Bill was taken up.
H. 4140 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330, AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO PROVIDE FOR TRUTH IN SENTENCING, DELETE
Rep. SCOTT objected to the Bill.
Rep. WILKINS moved to adjourn debate upon the Bill until Tuesday, February 1, which was adopted.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, January 27, which was adopted.
H. 4350 -- Reps. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder, Harrell and Breeland: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH AND TO DEFINE PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE
The following Bill was taken up.
H. 4391 -- Reps. Lanford, Harvin, Littlejohn, D. Wilder, Fulmer, Cromer, Allison, Inabinett, Wilkes, Waldrop, J. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO REQUIRE THE STATE TO FURNISH A BULLETPROOF VEST TO EACH LAW ENFORCEMENT OFFICER UPON SUCCESSFUL COMPLETION OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING SCHOOL PROGRAM.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15576AC.94), which was adopted.
Amend the bill, as and if amended, by adding after /officer./ on page 1, line 26 /The State is not required to furnish a bulletproof vest to a law enforcement officer who would be provided a vest by his employing agency. Upon termination of an officer's employment, his bulletproof vest shall remain with his employing agency./
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Rep. LANFORD moved to adjourn debate upon the Bill until Thursday, January 27, which was adopted.
The following Bill was taken up.
S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20232SD.94), which was adopted.
Amend the bill, as and if amended, in Section 27-43-10 of the 1976 Code as contained in Section 1 by striking, beginning on line 36 on page 1: /and removal benefits the community and is in the public interest/
When amended Section 27-43-10 shall read:
/Section 27-43-10. When any A person who owns any land on which is situated an abandoned cemetery or burying ground, and where it becomes may remove graves in the cemetery or ground to a suitable plot in another cemetery or suitable location if:
(1) It is necessary and expedient in the opinion of the governing body of the county or municipality in which the cemetery or burying ground is situated to remove the graves, it shall be lawful for such person, after. The governing body shall consider objections to removal pursuant to the notice under item (2) or otherwise before it approves removal.
(2) Thirty days' notice of removal is given to the relatives of the deceased persons buried therein in the graves, if any they are known, and. If no relatives are known, then after thirty days' notice must be published in a newspaper of general circulation in the county where the property lies, and. If no newspaper is published in the county, then by posting notice must be posted in three prominent places in the county, one of which shall must be the courthouse door, to remove the graves to a suitable plot in some other cemetery or other suitable location,.
(3) Due care being is taken to protect tombstones and replace them properly, so as to leave the graves in as good condition as before removal./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20231SD.94), which was adopted.
Amend the bill, as and if amended, by striking Section 24-21-615 of the 1976 Code as contained in Section 1 and inserting:
/Section 24-21-615. The board may not review the case of a prisoner convicted of a capital offense for the purpose of determining whether the person is entitled to any of the benefits provided in this chapter during the month of December of each year./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up
H. 4067 -- Rep. White: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO REVISE PERMIT AND TRAWLING RESTRICTIONS.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-17-760 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-760. It is unlawful to set or use any a trap or basket commonly termed a `crab pot' to catch crab for commercial purposes within the tributaries, between the headlands, and within Chechessee Creek in Beaufort County and Euhaw Creek upstream of Tickton Hall in Jasper County and between May first and October first within Pawley's Island Creek and Midway Creek on Pawley's Island in Georgetown County. Individuals may set two crab pots to catch crabs for personal consumption and not for sale."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. ROGERS moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.
H. 4542 -- Reps. Stuart, Sturkie, Gamble, Koon, Spearman and Riser: A BILL TO AMEND ACT 218 OF 1993, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO PROVIDE THAT ALL PERSONS DESIRING TO QUALIFY AS A CANDIDATE SHALL FILE WRITTEN NOTICE OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION BY SEPTEMBER FIRST BUT NOT EARLIER THAN AUGUST FIRST OF THE YEAR IN WHICH THE ELECTION IS TO BE CONDUCTED.
Rep. McABEE moved that the House do now adjourn, which was adopted by a division vote of 50 to 46.
Printed Page 1250, Jan. 26
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