Printed Page 1870, Mar. 22
| Printed Page 1890, Mar. 22
|
Printed Page 1870, Mar. 22
| Printed Page 1890, Mar. 22
| The following Bill was taken up.
H. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
Reps. FULMER, HALLMAN, SEITHEL, WHATLEY, LIMEHOUSE, CAIN, LAW, COTTY, DANTZLER and ROBINSON objected to the Bill.
The following Bill was taken up.
H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS,
Rep. JENNINGS explained the Bill.
Rep. HARRISON moved to adjourn debate upon the Bill until Tuesday, March 28, which was adopted.
Rep. VAUGHN moved to adjourn debate upon the following Bill until Tuesday, March 28, which was adopted.
H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
Rep. PHILLIPS explained the Bill.
H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS
Rep. McABEE explained the Bill.
I respectfully request leave of absence for around 1 1/2 hours while I go to the Dr's. office.
Rep. JAMES L.M. CROMER, JR.
The SPEAKER granted Rep. CROMER a temporary leave of absence.
The following Bill was taken up.
H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7309AC.95).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-180. (A) A state employee entitled to annual leave pursuant to Article 7 of this chapter who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay for not more than fifteen work days in each year, to participate in specialized disaster relief services for the American Red Cross during times when a natural disaster has been declared in South Carolina by the
(B) A state employee entitled to annual leave pursuant to Article 7 of this chapter who is a certified disaster service volunteer of the American Red Cross may be granted leave from work without pay for not more than fifteen work days in each year, to participate in specialized disaster relief services for the American Red Cross during times when a natural disaster has been declared in another state by the appropriate government official. The employee may be released from work for this function upon request of the American Red Cross for the services of that employee, and upon the written approval of that employee's employer. This leave is in addition to other leave to which the employee is entitled."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KLAUBER explained the amendment.
Reps. TRIPP, FULMER, LIMEHOUSE, SEITHEL, HALLMAN and CAIN objected to the Bill.
The following Bill was taken up.
H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright,
Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer,
S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff,
Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker,
Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson,
Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER
3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO
PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES,
AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070,
RELATING TO THE CRIME OF STALKING.
Amend the bill, as and if amended, Section 16-3-1700(A)(1), SECTION 1, page 1, by striking the item and inserting:
/(1) following the targeted person as he moves from location to location;/
Amend further, page 2, by striking the last paragraph of subsection (A), beginning on line 4, and inserting:
/Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties./
Amend further, page 2, by striking the last paragraph of Section 16-3-1700(B), beginning on line 17, and inserting:
/Stalking does not include words or conduct that is protected by the Constitution of this State or the United States and does not apply to law enforcement officers or process servers performing their official duties./
When amended Section 16-3-1700 reads:
/Section 16-3-1700. For the purpose of this article:
(A) `Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual, physical, or verbal contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;
(3) surveillance of or the maintenance of a presence near the targeted person's:
(a) residence;
(b) place of work;
(c) school; or
(d) another place regularly occupied by the targeted person; and
(4) vandalism and property damage.
Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.
(B) `Stalking' means a pattern of words or conduct that is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:
(1) death of the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
Stalking does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.
(C) `Aggravated stalking' means stalking accompanied or followed by an act of violence.
(D) `Pattern' means two or more acts within a ninety-day period.
(E) `Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person./
Amend further, page 5, line 5, by striking Section 16-3-1770(C) and inserting:
/(C) A restraining order issued pursuant to this article conspicuously shall bear the following language: `Violation of this order is a criminal offense punishable by thirty days in jail, a fine of five hundred dollars, or both'./
Amend further, page 6, by adding a new section after Section 16-3-1830:
/Section 16-3-1840. As a condition of bail, a magistrate may order a defendant charged with harassment or stalking under this article to undergo a mental health evaluation performed by the local mental health department./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. FAIR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. WOFFORD asked unanimous consent to recall H. 3816 from the Committee on Judiciary.
Rep. COTTY objected.
Rep. ROBINSON asked unanimous consent to recall H. 3062 from the Committee on Judiciary.
Rep. FELDER objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young,
Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming,
Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber,
Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff,
Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and
Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT
OF
1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH
VARIOUS
TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO
QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE
ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE
COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES,
DEPENDING
ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED
JOBS
TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC,
FEE
IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES
NOT
TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND
ALLOWING
INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR
EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE
CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.
Rep. SHEHEEN made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies
The SPEAKER sustained the Point of Order.
Rep. FELDER moved to dispense with the Motion Period.
As a first substitute Rep. COOPER moved to recall H. 3971 from the Judiciary Committee.
As a second substitute Rep. ROGERS moved to dispense with the balance of the Motion Period.
Rep. QUINN demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Baxley Beatty Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Felder Govan Harris, J. Hines Howard Inabinett Jennings Kennedy Keyserling Kirsh Lloyd McMahand McTeer Moody-Lawrence Neal Rhoad Richardson Rogers Scott Sheheen Spearman Stoddard Tucker Whipper, L. Whipper, S. Wilder Williams
Those who voted in the negative are:
Askins Bailey Boan Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman
Harrell Harris, P. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to dispense with the balance of the Motion Period.
As a second substitute Rep. TRIPP moved to recall H. 3816 from the Judiciary Committee.
Rep. SCOTT moved to table the motion.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Bailey Baxley Beatty Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Felder Govan Harris, J. Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Lloyd McElveen McMahand McTeer Moody-Lawrence
Neal Neilson Richardson Rogers Scott Sheheen Spearman Whipper, L. Whipper, S. Wilder Williams
Those who voted in the negative are:
Allison Askins Boan Brown, H. Cain Cato Chamblee Cooper Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the Motion.
The question then recurred to the motion to recall H. 3816 from Judiciary.
Printed Page 1870, Mar. 22
| Printed Page 1890, Mar. 22
|