Printed Page 1110, Feb. 28
| Printed Page 1130, Feb. 29
|
Printed Page 1110, Feb. 28
| Printed Page 1130, Feb. 29
| Rep. FELDER proposed the following Amendment No. 159 (Doc Name P:\amend\JIC\5331HTC.96), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 22, page 514, line 15, by striking /all/ and inserting /all research and/
Amend further, SECTION 22, page 514, line 17, by striking /The/ and inserting:
/Subject to the approval of the State Budget and Control Board by resolution duly adopted, the/
Amend further, SECTION 22, page 516, line 14, by striking the period and inserting:
/. The use of academic fees must be approved by the university's board./
Amend further, SECTION 22, page 516, line 19, by striking /any/ and inserting /any research or/.
Renumber sections & amend totals/title to conform.
Rep. FELDER explained the amendment.
Rep. BOAN spoke in favor of the amendment.
The amendment was then adopted.
Section 22 as amended was adopted.
Rep. SHEHEEN raised the Point of Order that Section 23 was out of order as it was not germane.
Rep. HARRELL stated that Part I removed all of the money for this partnership and it did not exist any longer so the purposes of the proviso was simply to remove the references to what had been removed yesterday in the budget.
Rep. SHEHEEN stated that it had to relate under Rule 5.3.
The SPEAKER stated that there could be an argument that it affected an appropriation by deleting the mandate part of the partnership.
Rep. HARRELL stated that the line was still there in Part I, Line 10 on Page 176.
Rep. WALKER inquired about the funds being deleted in Part I.
Rep. HARRELL cited Line 42 on Page 517.
Section 25 was adopted.
Rep. GAMBLE proposed the following Amendment No. 141 (Doc Name P:\amend\BBM\10622SD.96).
Amend the bill, as and if amended, Part II, SECTION 26, by striking subsection D., line 28, page 527 and inserting:
/D. The 1976 Code is amended by adding:
"Section 17-1-25. In all criminal proceedings in circuit court where the death penalty is being sought against a defendant, the defendant must be provided with standard wearing apparel to be provided by the court through the Office of Court Administration which must be worn in court at all times unless the defendant desires to wear his own apparel at his expense in which case he may do so. Other than the apparel provided the defendant under this section or the apparel the defendant provides at his own expense, the State has no other obligation to provide clothing or apparel for these proceedings to this defendant. The Office of Court Administration, in its sole discretion, shall determine what constitutes standard wearing apparel for male defendants and for female defendants, but which may include jumpsuits for men, pantsuits for women, or some type of outerwear to be worn over the clothing worn to court by the defendant. The General Assembly, in the annual general appropriations act beginning with the year 1996-97 from funds appropriated for operating expenses of the circuit court in Part I, Section 4A, shall appropriate the funds to secure such wearing apparel, for which a reasonable cost to provide and clean, as determined by the Office of Court Administration, shall be assessed against nonindigent defendants."
E. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
Rep. J. BROWN raised the Point of Order that Amendment No. 141 was out of order as it was not germane.
Rep. GAMBLE argued contra the Point.
Rep. GAMBLE moved to adjourn debate upon the section, which was adopted.
Section 27 was adopted.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10597SD.96), which was adopted.
Amend the bill, as and if amended, Section 33-56-50 of the 1976 Code as contained in Part II, as contained in Section 28, page 530, by striking /five/ on line 17, and also as contained twice on line 22 of page 530 and inserting /five twenty/.
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. H. BROWN moved to adjourn debate upon the section, which was adopted.
Rep. SHEHEEN proposed the following Amendment No. 142 (Doc Name P:\amend\DKA\3555CM.96), which was tabled.
Amend the bill, as and if amended, Part II, page 535, by deleting SECTION 29 in its entirety.
Renumber sections & amend totals/title to conform.
Rep. SHEHEEN explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain
Cato Cotty Dantzler Davenport Easterday Felder Fleming Gamble Hallman Harrell Haskins Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Riser Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Thomas Townsend Tripp Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Breeland Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harris, P. Harrison Harvin Herdklotz Hines, J. Hines, M. Hodges Howard Jaskwhich Kennedy Keyserling Kirsh Lee Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Stille Stoddard Stuart Tucker Whipper, L. Whipper, S. White Wilder Williams
Section 29 was adopted.
Rep. H. BROWN explained the section.
Rep. QUINN spoke in favor of the section.
Section 30 was adopted.
Rep. HODGES proposed the following Amendment No. 36 (Doc Name P:\amend\PFM\8009AC.96).
Amend the bill, as and if amended, Part II, beginning on page 536, by deleting SECTION 31.
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
Rep. KIRSH raised the Point of Order that Section 31 was out of order as it was not germane.
Rep. QUINN argued contra the Point in stating that it added the lines for the FTE's that are generated for the trooper class and there was an amendment passed which added to the line item. He further stated that this funded the line item.
Rep. KIRSH stated that it did not relate under Rule 5.3.
The SPEAKER stated that Section 31 did not have an appropriation or reference to revenue in Part I and he sustained the Point of Order and ordered the section stricken from the Bill.
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
Rep. RHOAD moved to reconsider the vote whereby Amendment No. 38 was rejected in Section 19, Part IA and the motion was noted.
Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 3B, 18N, Part IB, Sections 3, 6DD, 11, 14, 17C, 18A, 18N, 19, 19A, 34, 50, 65, 72, Part II, Sections 1, 2, 3, 4, 5, 8, 10, 12, 13, 14, 15,
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Part II.
At 6:40 P.M. the House in accordance with the motion of Rep. McMAHAND adjourned in memory of Reverend W.T. Rodden of Roebuck, to meet at 9:30 A.M. tomorrow.
Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of all generations, may we feel Your nearness amid the uncertainties of this day. Spare us from despair, defeatism, frustrations, anything less than the best. Accomplish through us Your divine purposes, however frail our efforts. Cause us to feel at all times the upward tug of divine inspired hope. When we cannot see clearly the road ahead, light up the pathway enough that we may take one step at a time. When our human strength falters, give us Your strength sufficient for our needs.
So speak clearly to us in the words of the Psalmist: "Wait on the Lord; be of good courage, and I will strengthen your heart." (Psalm 27:14a)
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. BREELAND moved that when the House adjourns, it adjourn in memory of Birdie Garrett of Charleston, which was agreed to.
On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration.
H. 4690 -- Rep. J. Harris: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 7, 1996, FOR THE PRESENTATION OF THE ANNUAL ELIZABETH O'NEILL VERNER AWARDS.
That the South Carolina Arts Commission is authorized to use the Chamber of the House of Representatives on Tuesday, May 7, 1996, from 5:30 p.m. to 7:00 p.m. for the presentation of the commission's annual Elizabeth O'Neill Verner Awards.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for the awards ceremony in accordance with previous procedures.
Be it further resolved that the South Carolina Arts Commission agrees in writing to reimburse General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House Chamber on that date and time.
Be it further resolved that authorization for use of the House Chamber is subject to cancellation should the House be in regular session on Tuesday, May 7, 1996, beyond the hour of 5:30 p.m.
The Resolution was adopted.
The following was introduced:
H. 4691 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF WALTER SHERARD MCADAMS OF ANDERSON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration.
S. 1193 -- Senator Jackson: A CONCURRENT RESOLUTION TO URGE THE AMERICAN BAR ASSOCIATION TO GIVE ITS FAVORABLE CONSIDERATION FOR THE THURGOOD MARSHALL AWARD TO ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED CITIZENS, JUDGE MATTHEW J. PERRY.
Whereas, Judge Matthew J. Perry was born in Columbia, South Carolina and is a graduate of Booker T. Washington High School, South Carolina State College, and the School of Law, South Carolina State College; and
Whereas, Judge Perry has been the recipient of countless honorary degrees, awards and recognition, including the Order of the Palmetto, the highest honor which may be conferred on an individual citizen in the state of South Carolina by the Governor, and South Carolinian of the Year, by the WIS television station; and
Whereas, Judge Perry has established a distinguished legal career devoted to the cause of civil rights dating back to the 1950's and the 1960's; and
Whereas, Judge Perry served for several years on the Board of Directors of the National Association for the Advancement of Colored People (NAACP) and as counsel and chairman of the Legal Committee of the Board of the South Carolina Conference of Branches of the NAACP; and
Whereas, Judge Perry received the William R. Ming Advocacy Award, recognizing him for outstanding skills and successes as a lawyer representing causes espoused by the NAACP; and
Whereas, the many cases argued and won by Judge Perry relating to civil rights have provided equal opportunities and obtained justice for individuals that otherwise may not have been realized; and
Whereas, cases argued by Judge Perry resulted in the admission of the first African-Americans to Clemson University and the University of South Carolina, and the desegregation of numerous elementary and secondary schools throughout the state of South Carolina; and
Whereas, other cases argued by Judge Perry resulted in the desegregation of public parks, beaches and other recreational areas that had been segregated pursuant to statute, and the reapportionment of the South Carolina House of Representatives which resulted in the election of the first African-American representatives this century; and
Whereas, in 1975, Judge Perry was nominated by President Gerald Ford and unanimously confirmed by the United States Senate as a Judge of the United States Court of Military Appeals; and
Whereas, in 1979, Judge Perry was nominated by President Jimmy Carter and unanimously confirmed by the United States Senate as a United States District Judge for the District of South Carolina; and
Whereas, the Thurgood Marshall Award is intended to recognize members of the legal profession who have made significant long term contributions to the advancement of civil rights, civil liberties, and human rights in the United States; and
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina urges the American Bar Association to give its favorable consideration for the Thurgood Marshall Award to one of South Carolina's most distinguished citizens, Judge Matthew J. Perry.
Be it further resolved that a copy of this resolution be forwarded to Judge Perry.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4692 -- Rep. Keegan: A BILL TO AMEND SECTION 39-20-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF A LIEN WITHOUT JUDICIAL INTERVENTION CONCERNING SELF-STORAGE FACILITIES, SO AS TO DELETE THE REQUIREMENT THAT THE OWNER NOTIFY OTHER PARTIES WITH SUPERIOR LIENS, DELETE THE REQUIREMENT THAT THE OWNER MAKE A DETAILED INVENTORY OF THE PERSONAL PROPERTY SUBJECT TO THE LIEN, ALLOW THE OWNER TO DISPOSE OF THE PROPERTY AT PUBLIC SALE AFTER FIFTEEN RATHER THAN FOURTEEN DAYS FROM THE DELIVERY OF A CERTIFIED LETTER, AND DELETE THE REQUIREMENT THAT THE OWNER ADVERTISE IN A NEWSPAPER OF GENERAL CIRCULATION WHERE THE SELF-STORAGE FACILITY IS LOCATED OF THE SALE TO THE HIGHEST BIDDER OF THE PROPERTY SUBJECT TO THE LIEN.
Referred to Committee on Judiciary.
H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
Printed Page 1110, Feb. 28
| Printed Page 1130, Feb. 29
|