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Printed Page 730, Feb. 7
| Printed Page 750, Feb. 7
| Grady A. Brown C. Alex Harvin, III L. Morgan Martin Ralph W. Canty John W. Tucker, Jr.
The SPEAKER granted Rep. CANTY a temporary leave of absence.
The SPEAKER granted Rep. KLAUBER a leave of absence for the day.
I regret that I am unable to attend the session of the House on this day. While I normally try to attend every day of the legislative year, a family commitment must take precedence today. On this day, I must be in Birmingham, Alabama, assisting my sister-in-law in winding up my late brother's affairs and probating his estate.
Rep. JAMES S. KLAUBER
Announcement was made that Dr. Walt Roberts of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH
THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY
SCHOOL
DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED
FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR
THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO
PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS
SHALL
BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF
SPECIFIED MEMBERS OF THE BOARD.
The motion of Rep. KNOTTS to reconsider the vote whereby the Bill was given a second reading was taken up.
Rep. STUART moved to table the motion to reconsider, which was agreed to by a division vote of 3 to 2.
The Bill was then read the third time and ordered sent to the Senate by a division vote of 3 to 2.
A roll call vote was not taken on this issue. Instead a division vote was taken. For the record, Representatives KOON, SPEARMAN and STUART voted for the passage of this Bill. Representatives KNOTTS and RISER voted against the Bill. Representatives WRIGHT and GAMBLE abstained. This Bill passed 3 for with 2 against.
Rep. J.M. KNOTTS, JR.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3407 -- Rep. McKay: A BILL TO PROVIDE THAT THE ANNUAL CITIZENS' MEETING OF FLORENCE COUNTY SCHOOL DISTRICT 4 TO CONSIDER THE BUDGET AND OTHER MATTERS MUST BE HELD ON OR BEFORE THE SECOND THURSDAY OF JUNE OF EACH YEAR RATHER THAN ON OR BEFORE THE FIFTEENTH DAY OF APRIL OF EACH YEAR.
H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.
H. 3449 -- Reps. Law, H. Brown, Wofford, Dantzler, Williams, A. Young and Hutson: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, THE PROVIDING OF ELECTRIC SERVICE, AND THE SERVICE AREA OF THE AUTHORITY, SO AS TO FURTHER DESCRIBE THE AREA IN BERKELEY COUNTY WHICH IS NOT INCLUDED IN THE AUTHORITY'S PRESENT SERVICE AREA.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 391 -- Senator Leatherman: A BILL TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE OF THE MEETING FOR FLORENCE SCHOOL DISTRICT 4 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.
The following Bill was taken up.
H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 2, by Rep. SEITHEL.
Rep. SEITHEL explained the amendment.
Rep. KELLEY moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.
Rep. GAMBLE explained the Bill.
H. 3442 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXPERIENCE MODIFICATION FOR STAFF LEASING SERVICES COMPANIES IN THE WORKERS' COMPENSATION ASSIGNED RISK PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1817, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. A. YOUNG explained the Joint Resolution.
H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper,
The following Bill was taken up.
H. 3158 -- Reps. Quinn, Robinson and Harrell: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO EXEMPT IN THE OFFICES OF OTHER STATEWIDE CONSTITUTIONAL OFFICE EMPLOYEES APPOINTED BY THE OFFICER AT OR ABOVE THE ORGANIZATIONAL LEVEL OF ASSISTANT DIRECTORS OF INDIVIDUAL PROGRAM COMPONENTS.
Rep. SCOTT moved to adjourn debate upon the Bill.
Rep. HARRELL moved to table the motion.
Reps. SHEHEEN, SCOTT, BEATTY, COBB-HUNTER, McELVEEN, BAXLEY, GOVAN, JENNINGS and HOWARD objected to the Bill.
The following Joint Resolution was taken up.
H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley,
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 2, by the Committee on Judiciary.
Rep. D. SMITH explained the amendment.
Rep. CROMER spoke against the amendment and moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Baxley Brown, G. Brown, H. Brown, T. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harvin Haskins Herdklotz Howard Huff Hutson Inabinett Jaskwhich Keegan Kelley Keyserling Kirsh Knotts Koon Lanford Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw
McKay Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilkes Witherspoon Worley Wright Young, A.
Those who voted in the negative are:
Anderson Bailey Beatty Breeland Brown, J. Byrd Cave Clyburn Elliott Harrison Hines Hodges Kinon McElveen McMahand McTeer Stoddard Thomas Whipper, L. White Wilder Williams Wofford Young, J.
So, the amendment was tabled.
Rep. HODGES spoke upon the Joint Resolution.
Rep. QUINN moved to reconsider the vote whereby Amendment No. 1 was tabled.
Rep. CROMER moved to table the motion to reconsider.
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harvin Harwell Haskins Howard Huff Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Riser Robinson Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilder Witherspoon Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn
Harrison Herdklotz Hines Jaskwhich McElveen McTeer Neal Richardson Stoddard Thomas Whipper, L. White Wilkes Wilkins Williams Young, J.
So, the motion to reconsider was tabled.
Rep. J. BROWN moved to table the Joint Resolution.
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. Brown, T. Byrd Cave Clyburn Herdklotz Hines Howard Moody-Lawrence Scott Whipper, S. White Williams
Those who voted in the negative are:
Allison Askins Bailey Baxley Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harvin Harwell Haskins Hodges Hutson Jaskwhich Keegan Kelley Keyserling Kirsh Knotts Koon Lanford
Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McCraw McElveen McKay McTeer Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Worley Wright Young, A. Young, J.
So, the House refused to table the Joint Resolution.
Rep. HARRISON moved to waive Rule 6.1, which was agreed to by a division vote of 65 to 38.
Reps. J. BROWN, ANDERSON, S. WHIPPER, L. WHIPPER, BEATTY, BREELAND, McMAHAND, BYRD, HINES and WILLIAMS objected to the Resolution.
I want the record to reflect that I abstained from voting on H. 3083 and all amendments related thereto.
Rep. DOUGLAS JENNINGS, JR.
The following Joint Resolution was taken up.
H. 3212 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND
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