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:
Almighty God, the Strength of every age and in every place, be our strength and support this day and every day as well. Help us at all times and in every circumstance to maintain our integrity, to be whole hearted in every worthwhile endeavor and devoted to the highest good of our people. May Your will living in us bear much fruit, producing an abundant harvest. Give us thoughts great enough, motives genuine enough, and ambitions worthy enough to match the demands of our times.
We make this prayer to our God Who is always ready to bless us in keeping with our needs. 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.
Rep. McMASTER moved that when the House adjourns, it adjourn in memory of William Fripp Prioleau, Sr. of Columbia, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3453 (Word version) -- Reps. McMahand, F. Smith, Meacham, Knotts, Neal, Mack, Maddox, Stille, Haskins, Young-Brickell, Hamilton, Parks, Gourdine and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-243 SO AS TO REQUIRE SCHOOL DISTRICTS TO DEVELOP ALTERNATIVE SCHOOLS AND TO REQUIRE A CHILD EXPELLED FOR MORE THAN ONE WEEK TO BE PLACED IN A PRIVATE OR ALTERNATIVE SCHOOL.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 3454 (Word version) -- Rep. Law: A CONCURRENT RESOLUTION CONGRATULATING BERKELEY HIGH SCHOOL ON WINNING THE 1996 CLASS AAAA, DIVISION II STATE FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. LAW, with unanimous consent, the following was taken up for immediate consideration:
H. 3455 (Word version) -- Rep. Law: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BERKELEY HIGH SCHOOL FOOTBALL TEAM, COACHES, SUPPORT STAFF, AND SCHOOL OFFICIALS, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THE TEAM'S ACCOMPLISHMENTS, INCLUDING ITS WINNING THE 1996 CLASS AAAA, DIVISION II STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Berkeley High School football team, coaches, support staff, and school officials, on a date and at a time as determined by the Speaker, for the purpose of recognizing the team's accomplishments, including its winning the 1996 Class AAAA, Division II state championship.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Easterday Edge Gamble Gourdine Govan Hamilton Harrell Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, February 13.
Eugene C. Stoddard James L.M. Cromer, Jr. Becky Rogers Martin Wilbur L. Cave C. Alex Harvin III Ronald N. Fleming J. Gary Simrill Steve P. Lanford Larry L. Koon John W. Riser Ronald P. Townsend Leon Howard Harry R. Askins Alma W. Byrd F.G. Delleney, Jr. Bessie Moody-Lawrence John G. Felder William D. Boan Timothy C. Wilkes
The SPEAKER granted Rep. MADDOX a leave of absence for the day.
The SPEAKER granted Rep. CROMER a temporary leave of absence to attend a funeral.
Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.
Rep. STILLE and the Abbeville Delegation presented to the House the Abbeville High School Panthers Football Team, 1996 Class AA State Champions, coaches and other school officials.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate. H. 3086 (Word version) -- Reps. Davenport, Cotty, Walker, Altman, Whatley, Sandifer, Vaughn, Wilkes, Stuart, Harrell, Riser, Gamble and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROVIDE THAT THERE IS NO LIABILITY FOR DAMAGES OR INJURY SUSTAINED BY A PERSON WHO HAS COMMITTED A FELONY WHEN THE PERSON IS INJURED OR DIES FROM INJURIES SUSTAINED WHILE COMMITTING THE CRIME.
H. 3215 (Word version) -- Reps. Simrill and Meacham: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION OUTSIDE THE TOWN'S OR CITY'S CORPORATE LIMITS WHEN IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE OFFICER'S JURISDICTION FROM A THREE-MILE RADIUS OF THE TOWN'S OR CITY'S CORPORATE LIMITS TO COUNTYWIDE JURISDICTION.
H. 3230 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 33-56-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR A WILFUL VIOLATION OF CERTAIN PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.
H. 3370 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3160 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY. Reps. ROBINSON and KIRSH proposed the following Amendment No. 3 (Doc Name P:\AMEND\PT\2924DW.97), which was adopted. Amend the bill, as and if amended, Section 50-11-745, SECTION 1, by adding an appropriately lettered subsection to read: /( ) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department with: (1) proof of ownership or a lienholder interest in the confiscated property; (2) certification that he will not release the property to a person who has been charged with a violation of this chapter which resulted in the confiscation of the property to be released./ Amend further, Section 50-13-1199, SECTION 2, by adding an appropriately lettered subsection to read: /( ) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department with: (1) proof of ownership or a lienholder interest in the confiscated property; (2) certification that he will not release the property to a person who has been charged with a violation of this chapter which resulted in the confiscation of the property to be released./ Renumber subsections to conform. Amend title to conform.
Rep. ROBINSON explained the amendment. The amendment was then adopted.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 11, by Rep. KIRSH. Rep. KIRSH moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 2, which was proposed on Wednesday, February 12, by Reps. ROBINSON and KIRSH. Rep. ROBINSON moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3160 (Word version) be read the third time tomorrow.
The following Bill was taken up.
H. 3239 (Word version) -- Reps. Walker, Littlejohn, Sharpe, Hawkins, Haskins, D. Smith, Allison, Davenport, Gamble, Cato, McCraw, Townsend and Wilkins: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 69 SO AS TO ENACT THE "SOUTH CAROLINA MOLD LIEN AND RETENTION ACT", AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4063JM.97). Amend the bill, as and if amended, by striking Section 39-69-30(B), as contained in SECTION 1, lines 9 through 13, page 2, and inserting: /(B) If a customer does not claim possession from a molder of a die, mold, form, or pattern within three years following the last use, all rights and title to any die, mold, form, or pattern are transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of the die, mold, form, or pattern, consistent with this section. / Amend further, by striking Section 39-69-40(C), as contained in SECTION 1, lines 8 through 11, page 3, and inserting: /(C) If the molder has not been paid the amount due within sixty days after the notice has been received by the customer as provided in subsection (B), the molder may sell the die, mold, form, or pattern at a public auction or public sale./ Amend title to conform.
Rep. LAW explained the amendment.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3101 (Word version) -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3139 (Word version) -- Reps. Wilkins, Meacham, Knotts and Robinson: A BILL TO AMEND SECTION 20-7-766, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS
FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; AND TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED.
Rep. YOUNG made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Bill was taken up. H. 3240 (Word version) -- Reps. Spearman, Wilkins, Beck, Edge, Altman, Bauer, Barfield, Barrett, Knotts, Rice, Harrell, Young-Brickell, Meacham, Limehouse, Klauber, Young, Sandifer, Mullen, Stuart, McCraw, Harrison, Mason, Allison, Davenport, Townsend, Martin, Kelley, Riser, Witherspoon, Hawkins, Keegan, Campsen, Rodgers, Chellis and Seithel: A BILL TO ENACT "THE SOUTH CAROLINA SCHOOL SAFETY ACT OF 1997" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO PROVIDE THAT IF A STUDENT COMMITS AN ASSAULT AND BATTERY THAT IS NOT AGGRAVATED ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANY PERSON AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY, THE STUDENT IS GUILTY OF THE CRIME OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO JUVENILE DETENTION PROCEDURES, SO AS TO AUTHORIZE A CHILD TO BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY IF THE CHILD COMMITS AN ASSAULT AND BATTERY OF ANY KIND ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANYONE AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY; TO AMEND SECTION 22-3-560, RELATING TO A MAGISTRATE'S AUTHORITY TO PUNISH ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE AND EXCEPTIONS THERETO, SO AS TO PROVIDE THAT AN ASSAULT AND BATTERY ON SCHOOL PERSONNEL SHALL BE PUNISHED AS PROVIDED IN SECTION 16-3-612; TO ADD SECTION 59-63-370 SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO NOTIFY CERTAIN SCHOOL ADMINISTRATORS AND TEACHERS OF A STUDENT'S CONVICTION OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL OR OF ANY VIOLENT CRIME; TO ADD SECTION 59-63-380 SO AS TO GRANT CIVIL AND CRIMINAL IMMUNITY TO PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY MAKING A REPORT OF A SCHOOL-RELATED CRIME IN GOOD FAITH; AND TO ADD SECTION 59-63-390 SO AS TO REQUIRE THE SENIOR ADMINISTRATOR OF EACH SCHOOL TO INCLUDE A SUMMARY OF THE SCHOOL CRIME REPORT ACT AND THE PROVISIONS OF SECTION 16-3-612 IN THE SCHOOL'S STUDENT HANDBOOK EACH YEAR.
Rep. G. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Bill was taken up. H. 3281 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES; AND TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED.
Rep. LIMBAUGH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3282 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A BILL RATIFYING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
The following Bill was taken up.
H. 3184 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS AND REQUIRE ONE HUNDRED TWENTY HOURS OF COMMUNITY SERVICE WHERE THE OFFENSE IS A MISDEMEANOR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20086SD.97), which was adopted.
Amend the bill, as and if amended, in subsection (B) of Section 16-17-600 of the 1976 Code, as contained in SECTION 1, by striking on page 2, line 13, /ten/ and inserting /five/
When amended subsection (B) shall read:
/(B) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:
(1) obliterate, vandalize, or desecrate a burial ground where human skeletal remains are buried, a grave, graveyard, tomb, mausoleum, or other repository of human remains;
(2) deface, vandalize, injure, or remove a gravestone or other memorial monument or marker commemorating a deceased person or group of persons, whether located within or outside of a recognized cemetery, memorial park, or battlefield; or
(3) obliterate, vandalize, or desecrate a park or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons.
A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than two five thousand dollars, or both.
Amend the bill further, as and if amended, by striking subsection (C) of Section 16-17-600 of the 1976 Code, as contained in Section 1 and inserting:
/(C) It is unlawful for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure only fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard or memorial park.
A person violating the provisions of subsection (C) is guilty of a felony and, upon conviction, must be fined in the discretion of the court not more than five thousand dollars or imprisoned not more than five years, or both. Injury or loss of property less than two hundred dollars is a misdemeanor triable in magistrate's court. Upon conviction, the person must be fined, imprisoned, or both, not more than is permitted by law, without presentment or indictment by the grand jury, and further must be required to perform up to five hundred hours of community service in an amount to be determined by the court./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment. The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SCOTT, with unanimous consent, it was ordered that H. 3184 (Word version) be read the third time tomorrow.
The following Bill was taken up. H. 3145 (Word version) -- Reps. Inabinett, Cromer, Vaughn, Sharpe, Beck, Wilkes, Haskins, Lloyd, Carnell, Altman, Young, Hinson, Rodgers, Miller, Campsen, Breeland, Webb, Bauer, R. Smith, Stuart and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-15 SO AS TO PROVIDE THAT THE TEACHING OF EBONICS, OTHERWISE REFERRED TO AS "BLACK ENGLISH", IS PROHIBITED IN THE PUBLIC ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE, AND IN THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, INCLUDING TECHNICAL COLLEGES; AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE CONSTRUED AS INFRINGING UPON THE AUTHORITY OF SCHOOLS TO INSTRUCT STUDENTS IN BLACK HISTORY AS PERMITTED BY LAW.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3161 (Word version) -- Reps. Townsend, Cooper, Walker and Haskins: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S PERMIT, SO AS TO PROVIDE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO REQUIRE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE. Rep. TOWNSEND explained the Bill.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Bill was taken up. H. 3235 (Word version) -- Reps. D. Smith, Cromer, Knotts, Maddox, Young, Limbaugh, Scott, Cotty, McMaster, Klauber, Jennings, Baxley, Fleming, Govan, Altman, Delleney, Hodges, Campsen, Harrison and Simrill: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20093SD.97).
Amend the bill, as and if amended, by striking Section 2-19-110 of the 1976 Code, as contained in SECTION 2, and inserting:
/Section 2-19-110. In order to be eligible to be appointed by the Governor to serve, a master-in-equity must have been reviewed by the Judicial Merit Selection Commission under the procedures established pursuant to this chapter and be found by the commission to be qualified to serve. If a nominee is found to be not qualified by the commission, the Governor shall submit another name to the General Assembly for consideration. Upon a vacancy in the office of master-in-equity, candidates therefor shall submit an application to the Judicial Merit Selection Commission. Upon completion of reports and recommendations, the commission shall submit such reports and recommendations on master-in-equity candidates to the appropriate county legislative delegations. The respective county legislative delegations shall then appoint one candidate as the master-in-equity of that county or counties and submit the name to the Chief Justice of the Supreme Court. No person found not qualified by the commission may be appointed to the office of master-in-equity. For purposes of this section, a vacancy is created in the office of the master-in-equity when any of the following occurs: a term expires, a new judicial position is created, or a judge no longer can serve due to resignation, retirement, disciplinary action, disability, or death. The Judicial Merit Selection Commission may begin screening prior to the actual date of the vacancy in the case of resignation or retirement pursuant to written notice thereof./
Amend further, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION . Section 14-11-20 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
/Section 14-11-20. Pursuant to the provisions of Section 2-19-110, Masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly legislative delegation for the county they shall serve for a term of six years and until their successors are appointed and qualify. If a master-in-equity serves more than one county, the legislative delegations of all the counties served must jointly make the appointment of the master-in-equity. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of thirty-two years upon his appointment, has not been a licensed attorney for at least eight years upon his appointment, has not been a resident of this State for five years immediately preceding his appointment, and has not been found qualified by the Judicial Merit Selection Commission.
Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the court of common pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State.
A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county./
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3425 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL APPRENTICESHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1983, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Rep. LITTLEJOHN explained the Joint Resolution.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3426 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AUDIOVISUAL LIBRARY SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1998, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up. H. 3427 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INSTRUCTIONAL PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3431 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3432 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO BUS CONDUCT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2001, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3433 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3434 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolution was taken up.
H. 3435 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INTERSCHOLASTIC ATHLETICS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3436 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEXTBOOK SELECTION AND ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3437 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ENSURE THAT SCHOOL DISTRICTS RECRUIT AND HIRE PERSONNEL FOR EIA IMPLEMENTATION ON THE BASIS OF MERIT AND QUALIFICATIONS; TO ENSURE FAIR AND EQUAL TREATMENT FOR MINORITIES; AND CORRECTIVE ACTION FOR NON-COMPLIANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2005, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the second time, and ordered to a third reading: S. 64 (Word version) -- Senator Holland: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES; AND TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED. Rep. LIMBAUGH explained the Bill.
H. 3064 (Word version) -- Reps. Wilkins, Haskins, Sharpe, Townsend, Meacham, Carnell, Quinn, Harrison, Cato, J. Brown, Vaughn, D. Smith, H. Brown, Stille, Kirsh, Cotty, Young-Brickell, Sandifer, Witherspoon, Baxley, Simrill, Seithel, Bailey, Robinson, Walker, Stuart, Altman, Harrell, Riser, Rodgers, Gamble, Harvin and Littlejohn: A BILL RATIFYING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC-FUNDED RETIREMENT SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF ASSETS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM, TO PROVIDE FOR THE ESTABLISHMENT OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THAT THE PANEL SHALL NOT EXIST UNTIL THE GENERAL ASSEMBLY ENACTS IMPLEMENTING LEGISLATION ESTABLISHING THE PANEL, PROVIDING THE TERMS, DUTIES, AND COMPENSATION OF ITS MEMBERS, AUTHORIZING THE INVESTMENTS ALLOWED PURSUANT TO THIS AMENDMENT AND WHICH ALSO MAY PROVIDE THOSE LIMITATIONS ON INVESTMENTS IN EQUITY SECURITIES CONSIDERED PRUDENT BY THE GENERAL ASSEMBLY.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 64 (Word version) be read the third time tomorrow.
On motion of Rep. H. BROWN, with unanimous consent, it was ordered that H. 3064 (Word version) be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3340 (Word version) -- Reps. Hawkins, Littlejohn, Altman, Bauer, Simrill, Davenport, McCraw, Trotter, Mullen, Barrett, Hinson, Maddox, Beck, Campsen, Webb, Tripp, Battle, Miller and Pinckney: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF CERTAIN PROPERTY OF THE BELLE W. BARUCH FOUNDATION AS A BIRD AND GAME SANCTUARY, SO AS TO PERMIT EDUCATIONAL AND RESEARCH ACTIVITIES TO BE UNDERTAKEN IN SUCH SANCTUARY NOT ONLY BY THE UNIVERSITY OF SOUTH CAROLINA AND CLEMSON UNIVERSITY BUT ALSO BY ANY OTHER FULLY ACCREDITED, NOT-FOR-PROFIT PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY HEADQUARTERED IN THIS STATE OR UNDERTAKEN UNDER THE SUPERVISION OF SUCH COLLEGE OR UNIVERSITY.
Rep. SCOTT asked unanimous consent to recall H. 3192 (Word version) from the Committee on Ways and Means. Rep. SIMRILL objected.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate. H. 3157 (Word version) -- Reps. Wilkins, Haskins, Cato, Harrison, Meacham, Sharpe, D. Smith, Vaughn, Allison, Bailey, Barfield, Barrett, Bauer, Baxley, Beck, Campsen, Chellis, Cotty, Cromer, Davenport, Felder, Gamble, Harrell, J. Harris, Hinson, Jordan, Kelley, Keegan, Kinon, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Mason, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, R. Smith, Knotts, Webb, Limehouse, Whatley and Hawkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT NO MEMBER OF THE HOUSE MAY SERVE MORE THAN SIX CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE HOUSE MEMBERS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, AND TO PROVIDE THAT FOR THOSE MEMBERS ELECTED AFTER 1996, WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996; PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT NO MEMBER OF THE SENATE MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE SENATORS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, TO PROVIDE THAT FOR THOSE SENATORS ELECTED AFTER 1996 WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT NO CONSTITUTIONAL OFFICER MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED IN THE 1998 ELECTION WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING IN JANUARY, 1999, AND TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED AFTER 1998 WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THE LIMITATION BEGINS WITH THE TERM THE CONSTITUTIONAL OFFICER FIRST SERVES AFTER 1998.
The following Concurrent Resolution was taken up.
S. 199 (Word version) -- Senators Holland, Courson and Giese: A CONCURRENT RESOLUTION TO EXTEND UNTIL MAY 1, 1997, THE TIME IN WHICH THE STUDY COMMITTEE ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE MAGISTERIAL SYSTEM IN SOUTH CAROLINA HAS TO PRESENT ITS REPORT TO THE GENERAL ASSEMBLY, AND TO EXPAND THE MEMBERSHIP OF THIS COMMITTEE. Whereas, the Magistrates Study Committee, established in 1996 by current resolution S. 1432, requires additional time in order to receive information from the Summary Court Judges Association and other groups that are preparing studies to submit to the committee. Now, therefore, Be it resolved by the Senate, the House of Representatives concurring: That the time in which the Magistrates Study Committee shall submit its report to the General Assembly be extended from the beginning of the 1997 legislative session to May 1, 1997, at which time the committee then shall be dissolved. Be it further resolved that the membership of the Magistrates Study Committee shall be expanded to include one additional member appointed by the Speaker of the House of Representatives and one additional member appointed by the chairman of the Senate Judiciary Committee.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20054SD.97), which was adopted.
Amend the resolution, as and if amended, by adding a new paragraph at the end to read:
/Be it further resolved that the membership of the Magistrates Study Committee shall be expanded to include one additional member appointed by the Speaker of the House of Representatives and one additional member appointed by the chairman of the Senate Judiciary Committee./
Amend further, as and if amended, by striking the title and inserting:
/TO EXTEND UNTIL MAY 1, 1997, THE TIME IN WHICH THE STUDY COMMITTEE ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE MAGISTERIAL SYSTEM IN SOUTH CAROLINA HAS TO PRESENT ITS REPORT TO THE GENERAL ASSEMBLY, AND TO EXPAND THE MEMBERSHIP OF THIS COMMITTEE./
Renumber sections to conform.
Rep. HARRISON explained the amendment. The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. HARRELL.
The following Bill was taken up.
H. 3272 (Word version) -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.
Rep. CATO moved to adjourn debate upon the Bill. Rep. BAXLEY moved to continue the Bill. Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Baxley Breeland Brown, G. Byrd Cave Delleney Fleming Gourdine Hawkins Hines, J. Hines, M. Hodges Kirsh Lloyd Mack Moody-Lawrence Neal Parks Pinckney Scott Smith, F. Young
Those who voted in the negative are:
Allison Askins Barrett Battle Bauer Brown, H. Brown, T. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Felder Gamble Govan Hamilton Harrell Harrison Harvin Haskins Hinson Keegan Kelley Kinon Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Martin McCraw McLeod Meacham Miller Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Vaughn Walker Webb Wilder Wilkins Woodrum Young-Brickell
So, the House refused to continue the Bill.
Rep. CATO moved to adjourn debate upon the Bill until Tuesday, February 18, which was adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3272. General Subject Matter: Provisions for certain loans under the Consumer Credit Code
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JOE McMASTER
The following Bill was taken up. H. 3089 (Word version) -- Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty, Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach, Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker, Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5361AC.97).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. SECTION 56-5-6540 OF THE 1976 CODE, AS ADDED BY ACT 148 OF 1989, IS AMENDED TO READ:
"SECTION 56-5-6540. (A) A person violating the provisions of this article, upon conviction, must be fined not more than ten twenty-five dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted. No person may be fined more than twenty fifty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense.
(B) A law enforcement officer may not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.
(C)(B) A violation of this article does not constitute negligence per se or contributory negligence and The failure to wear a safety belt is not admissible as evidence in a civil action."
SECTION 2. This act takes effect six months after approval by the Governor./
Rep. D. SMITH explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
Rep. HASKINS spoke against the amendment.
Rep. D. SMITH moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Battle Breeland Brown, H. Cooper Cotty Delleney Felder Hamilton Harrison Hines, J. Hines, M. Hodges Jennings Keegan Leach Mack McLeod McMahand McMaster Neal Parks Rice Robinson Sharpe Sheheen Smith, D. Smith, J. Whipper Woodrum Young
Those who voted in the negative are:
Allison Bailey Barfield Barrett Bauer Baxley Beck Boan Bowers Brown, G. Brown, J. Brown, T. Byrd Cato Cave Chellis Clyburn Cromer Dantzler Davenport Easterday Edge Fleming Gamble Gourdine Govan Harvin Haskins Hawkins Hinson Howard Jordan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Martin Mason McCraw Meacham Moody-Lawrence Mullen Neilson Phillips Quinn Rhoad Riser Sandifer Scott Seithel Simrill Smith, F. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Webb Whatley Wilder Wilkes Wilkins Witherspoon Young-Brickell
So, the House refused to adjourn.
Rep. COTTY spoke in favor of the amendment.
Rep. LANFORD spoke against the amendment.
Rep. HASKINS moved to table the Bill.
Rep. D. SMITH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Bauer Brown, G. Brown, T. Cato Cooper Dantzler Davenport Easterday Edge Fleming Haskins Hawkins Hinson Kelley Kirsh Lanford Lee Loftis Meacham Miller Phillips Quinn Robinson Sandifer Sharpe Simrill Smith, F. Smith, R. Stoddard Townsend Tripp Trotter Vaughn Witherspoon Young-Brickell
Allison Altman Askins Bailey Barrett Battle Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Byrd Campsen Carnell Cave Chellis Clyburn Cobb-Hunter Cotty Cromer Felder Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Jordan Keegan Kennedy Kinon Klauber Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Lloyd Mack Martin Mason McCraw McLeod McMahand McMaster Moody-Lawrence Mullen Neal Neilson Parks Pinckney Rhoad Rice Riser Rodgers Scott Seithel Sheheen Smith, D. Smith, J. Spearman Stille Stuart Walker Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young
So, the House refused to table the Bill.
Rep. D. SMITH moved immediate cloture on the entire matter, which was agreed to.
Rep. LITTLEJOHN moved that the House do now adjourn, which was adopted. Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, immediate cloture having been ordered.
The Senate returned to the House with concurrence the following:
H. 3353 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 26, 1997.
H. 3441 (Word version) -- Reps. Knotts, Bauer, Gamble, Koon, Riser, Spearman, Stuart, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DETECTIVE BILLY ALLEN AND DETECTIVE DAVID GRICE OF THE LEXINGTON COUNTY SHERIFF'S OFFICE FOR THEIR OUTSTANDING WORK IN THE ST. JOHN BAPTIST CHURCH INVESTIGATION.
H. 3442 (Word version) -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ERNEST THOMAS MCCUTCHEON, SR., OF GREENWOOD AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
At 12:00 Noon the House in accordance with the motion of Rep. McMASTER adjourned in memory of William Fripp Prioleau, Sr. of Columbia, to meet at 10:00 A.M. tomorrow.
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