Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
As we enter, Lord, into a week of activities that affect many, many people, we ask for a double portion of Your wisdom that the fruits of our efforts may be altogether pleasing to You and for the good of our citizens. Make us strong of character knowing always that what you do shows who you are, and who you are determines what you do. Keep our goals high and diligent in accomplishing these goals fully aware that an ounce of accomplishments is worth a ton of good intentions. So make us stronger each day for if we are to know the strength of the anchor we must know the strength of the storm.
Bless us then, Lord God, and forbid that we should become weary in well doing. 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 Friday, the SPEAKER ordered it confirmed.
Rep. HODGES moved that when the House adjourns, it adjourn in memory of Marion O. Boan, father of Rep. BILLY BOAN of Kershaw, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1915
Promulgated By Department of Health and Environmental Control
Amendment of R. 61-98, State Underground Petroleum Environmental Response Bank (SUPERB) Site Rehabilitation and Fund Access Regulation
Received By Speaker February 22, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 21, 1996 (Subject to Sine Die Revision)
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, the following was taken up for immediate consideration.
H. 4667 -- Rep. Wilkins: A HOUSE RESOLUTION TO GRANT SPECIAL LEAVE OF THE HOUSE OF REPRESENTATIVES TO ADMIT ASSISTANTS TO THE MAJORITY AND MINORITY LEADERS AND THE STAFF DIRECTOR OF THE LEGISLATIVE BLACK CAUCUS TO THE FLOOR OF THE HOUSE DURING THE 1996 REGULAR SESSION OF THE GENERAL ASSEMBLY AND DURING ANY SPECIAL SESSION WHICH MAY BE CALLED IN 1996.
Be it resolved by the House of Representatives:
That in accordance with the provisions of Rule 10.1 of the Rules of the House of Representatives, Carol Leyes, Assistant to the Majority Leader; Virginia Crocker-Lloyd, Assistant to the Minority Leader; and Gwen Bynoe, Staff Director of the Legislative Black Caucus, are granted special leave of the House to be admitted in the outer doors of the Chamber, in the Hall, and upon the Floor of the House of Representatives at any time during the regular 1996 session of the General Assembly and for any special session of the General Assembly which may be ordered in 1996.
The Resolution was adopted.
The following was introduced:
H. 4668 -- Reps. Spearman, Quinn, Wilkins, Wilkes, G. Brown, Kirsh, Sandifer, Inabinett, Scott, Allison, Walker, Waldrop, Stuart, Stille, Young-Brickell, Neal, Cromer, Shissias, Lloyd, Byrd, Baxley, J. Brown and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE LYNDON AMICK OF BATESBURG FOR WINNING THE DAYTONA USA 200 STOCK CAR RACE HELD ON FRIDAY, FEBRUARY 16, 1996, WHICH AT THE AGE OF EIGHTEEN MAKES HIM THE YOUNGEST DRIVER EVER TO WIN A NASCAR RACE AT DAYTONA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4669 -- Reps. Koon, Knotts, Witherspoon, Whatley, Wright, Seithel, Simrill, Tripp, Meacham, Littlejohn, Fulmer, Riser and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ASSIGN TO A SPECIFIED JUDGE A RECENT RAPE CASE INVOLVING STUDENTS AT A SOUTH CAROLINA PUBLIC INSTITUTION OF HIGHER LEARNING.
The Concurrent Resolution was ordered referred to Committee on Judiciary.
The Senate sent to the House the following:
S. 1171 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ROBERT EUGENE HOPPER OF YORK COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
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. 4670 -- Reps. Allison, Neal, G. Brown, Inabinett, Sandifer, McKay, J. Hines, Meacham, Cain, Wells, L. Whipper, Vaughn, Simrill, Lee, Waldrop, Herdklotz, Davenport, Byrd, Rice, Littlejohn, Rhoad, Lloyd, J. Brown, Haskins, Wilkes and Spearman: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL NEGLECT OF CHILDREN AND HELPLESS PERSONS, SO AS TO EXPAND THE CATEGORIES OF PERSONS CARING FOR CHILDREN AND HELPLESS PERSONS WHO ARE SUBJECT TO THIS SECTION.
Referred to Committee on Judiciary.
H. 4671 -- Reps. Seithel and Fleming: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, TO ENACT THE "HEALTH CARE CLAIM RECOVERY ACT" BY ADDING CHAPTER 17 SO AS TO PROVIDE FOR A LIEN FOR THE RECOVERY OF THE COST OF MEDICAL SERVICES RENDERED AND TO PROVIDE PROCEDURES FOR PERFECTING, CHALLENGING, AND ENFORCING THE LIEN.
Referred to Committee on Labor, Commerce and Industry.
H. 4672 -- Reps. Inabinett, Loftis, Cobb-Hunter, Neal, Vaughn, Lloyd, Meacham, Littlejohn, J. Hines, Breeland, Simrill, S. Whipper, Herdklotz, White, Govan, Clyburn, L. Whipper, Jaskwhich, Waldrop, Williams, Byrd, Haskins, J. Brown, Tripp and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE A LIMIT ON INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY DUE TO COUNTYWIDE REASSESSMENT PROGRAMS WHILE THE PROPERTY IS OCCUPIED BY THE SAME OWNER OR THAT OWNER'S SPOUSE, TO PROVIDE EXCEPTIONS, AND TO GIVE THIS PROVISION RETROACTIVE EFFECT IN CERTAIN INSTANCES WITHOUT ANY PROVISION FOR REFUNDS IN THESE LIMITED CASES.
Referred to Committee on Ways and Means.
H. 4673 -- Rep. Sharpe: A BILL TO AMEND SECTION 8-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTION FOR INSURANCE PREMIUMS FROM AN EMPLOYEE'S COMPENSATION, SO AS TO INCLUDE PREMIUMS FOR PREPAID LEGAL INSURANCE.
Referred to Committee on Labor, Commerce and Industry.
H. 4674 -- Reps. Harrison, Cromer, Knotts, Rogers, Thomas, Jennings, Harvin, Seithel, Richardson, J. Harris and J. Young: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO MAKE THIS SECTION INAPPLICABLE TO PERSONS WHO ARE ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4675 -- Reps. Cato, Bailey, Cain, Carnell, J. Harris, Jennings, Kirsh, Law, Martin, Mason, Richardson, Robinson, Sandifer, Thomas, Trotter, Young-Brickell, Limehouse, Harvin, McCraw, Easterday, Gamble, G. Brown, Meacham, Simrill, Worley, L. Whipper, Elliott, Williams and Neilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.
Referred to Committee on Labor, Commerce and Industry.
H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".
Referred to Committee on Ways and Means.
S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
Referred to Committee on Labor, Commerce and Industry.
S. 1163 -- Senators Drummond, J. Verne Smith, Courson, Patterson, Mescher and Giese: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING SESSIONS, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.
Referred to Committee on Ways and Means.
Rep. H. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Breeland Brown, H. Brown, J. Byrd Cain Cato Cave Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Fleming Gamble Hallman Harrell Harris, J. Harrison Hines, J. Hines, M. Hodges Hutson Inabinett Kelley Kinon Kirsh Knotts Koon Law Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McMahand Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Monday, February 26.
Timothy C. Wilkes Thomas G. Keegan Leon Howard C.D. Chamblee H.B. Limehouse III Juanita M. White Jerry N. Govan, Jr. Harold G. Worley Michael F. Jaskwhich Harry C. Stille Steve P. Lanford Robert J. Sheheen Olin R. Phillips William D. Keyserling R.J. Herdklotz Scott H. Richardson C. Alex Harvin III Gilda Cobb-Hunter Paula H. Thomas Ronald C. Fulmer Daniel L. Tripp Terry E. Haskins John G. Felder James S. Klauber John W. Tucker, Jr. June S. Shissias Joseph T. McElveen, Jr. Theodore A. Brown Grady A. Brown G. Ralph Davenport, Jr. Douglas Jennings, Jr. Woodrow M. McKay George H. Bailey Ralph W. Canty
LEAVES OF ABSENCE
The SPEAKER granted Rep. KENNEDY a leave of absence.
The SPEAKER granted Rep. BOAN a leave of absence for the day due to the death of his father.
The SPEAKER granted Rep. TOWNSEND a leave of absence for the day.
The SPEAKER granted Rep. P. HARRIS a leave of absence.
The SPEAKER granted Rep. BAXLEY a leave of absence for the day.
The SPEAKER granted Rep. TRIPP a temporary leave of absence.
Rep. H. BROWN moved that H. 4602, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 95-96, be set for Special Order immediately after third reading of H. 4600, the General Appropriations Bill and continue each day thereafter until given a second reading, which was agreed to.
Rep. H. BROWN moved that while debating H. 4602, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 95-96, the Bills on the Calendar be printed by number only, which was agreed to.
Rep. H. BROWN moved that H. 4601, the supplemental appropriations from surplus from 1995-96 surplus general fund revenues, be set for Special Order immediately after second reading of H. 4602, Capital Reserve Fund, and continue each day thereafter until given a second reading, which was agreed to.
Rep. H. BROWN moved that while debating H. 4601, the supplemental appropriations from surplus from 1995-96 surplus general fund revenues, the Bills on the Calendar be printed by number only, which was agreed to.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1154 -- Senators Washington, Passailaigue, Ford, Greg Smith, Richter and McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.
Rep. LAW explained the Bill.
S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Rep. LAW explained the Bill.
H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.
Rep. NEILSON explained the Bill.
H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. YOUNG-BRICKELL explained the Joint Resolution.
On motion of Rep. MASON, with unanimous consent, it was ordered that H. 4544 be read the third time tomorrow.
On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 4444 be read the third time tomorrow.
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, it was ordered that H. 4648 be read the third time tomorrow.
Rep. CROMER moved to adjourn debate upon the following Bill until Thursday, March 7, which was adopted.
H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".
The following Bill was taken up.
S. 27 -- Senator Mescher: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.
Rep. CROMER moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up.
S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2235DW.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 7-13-860 of the 1976 Code is amended to read:
"Section 7-13-860. Each candidate who is not unopposed in the a primary and each nonpartisan candidate, including announced write-in candidates in a general or special election may appoint a watcher for any voting place that he may desire where his name appears on the ballot. Provided, however, that However, in any general or special election, all candidates who are certified by a political party shall must be jointly represented at each polling place that they may desire by not more than two watchers from such the party for each one thousand registered voters or fraction thereof registered at such the polling place. Every Each watcher appointed hereunder must be a qualified voter in the county where he is to watch, and must be certified, in writing, to the managers of the voting precinct to which assigned, in writing,. This certification must be signed by the primary or nonpartisan candidate or, in the case of watchers jointly representing all candidates of a political party, by an appropriate party official as having been designated to so act. Such watchers Watchers shall must, at all times, wear appropriate, visible identification specifying the candidate or party, as appropriate, which they represent. The identification badge of a poll watcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges must be printed on white or yellow paper with red, white, or blue ink. After qualification, watchers must be placed in an area designated by the poll managers where the watchers can observe the entire election process at that polling place. No such watcher shall may conduct himself in a manner that will interfere in the orderly conduct of the election or influence any voter in the casting of his ballot."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CROMER 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. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.
The Agriculture, Natural Resources & Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5279AC.96), which was adopted.
Amend the bill, as and if amended, page 1, line 21, by deleting /other than/ and inserting /other than/.
Amend title to conform.
Rep. WITHERSPOON 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. WITHERSPOON, with unanimous consent, it was ordered that S. 597 be read the third time tomorrow.
The following Bill was taken up.
S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5233SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-11-40 of the 1976 Code, as last amended by Act 170 of 1987, Part II, Section 2B, is further amended to read:
"Section 12-11-40. For the purpose of administration, allocation and apportionment, enforcement, collection, liens, penalties, and other similar provisions, all of the provisions of Chapter 7 of this Title that may be appropriate or applicable are adopted and made a part of this chapter for the enforcement and administration of this chapter, including the requirement to make declarations of estimated tax and make estimated tax payments."
SECTION 2. Section 27-18-180 of the 1976 Code, as last amended by Act 658 of 1988, Part II, Section 34A, is further amended to read:
"Section 27-18-180. (A) A person holding property tangible or intangible, presumed abandoned and subject to custody as unclaimed property under this chapter shall report to the administrator concerning the property as provided in this section.
(B) The report must be verified and must include:
(1) except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property of the value of twenty-five fifty dollars or more presumed abandoned under this chapter;
(2) in the case of unclaimed funds of twenty-five fifty dollars or more held or owing under any life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds;
(3) in the case of the contents of a safe deposit box or other safekeeping repository or of other tangible property, a description of the property and the place where it is held and may be inspected by the administrator and any amounts owing to the holder;
(4) the nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, but items of value under twenty-five fifty dollars each may be reported in the aggregate;
(5) the date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and
(6) other information the administrator prescribes by rule as necessary for the administration of this chapter.
(C) If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed his name while holding the property, he shall file with his report all known names and addresses of each previous holder of the property.
(D) The report must be filed before November first of each year as of June thirtieth, next preceding, but the report of any life insurance company must be filed before May first of each year as of December thirty-first next preceding. On written request by any person required to file a report, the administrator may postpone the reporting date.
(E) Not more than one hundred twenty days before filing the report required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at his last known address informing him that the holder is in possession of property subject to this chapter if:
(1) the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate;
(2) the claim of the apparent owner is not barred by the statute of limitations; and
(3) the property has a value of fifty dollars or more."
SECTION 3. Section 27-18-190 of the 1976 Code, as last amended by Act 658 of 1988, Part II, Section 34A, is further amended to read:
"Section 27-18-190. (A) The administrator shall cause a notice to be published not later than March first, or in the case of property reported by life insurance companies, September first, of the year immediately following the report required by Section 27-18-180 at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which is located the last known address of any person to be named in the notice. If no address is listed or the address is outside this State, the notice must be published in the county in which the holder of the property has its principal place of business within this State.
(B) The published notice must be entitled 'Notice of Names of Persons Appearing to be Owners of Abandoned Property' and contain:
(1) the names in alphabetical order and last known address, if any, of persons listed in the report and entitled to notice within the county as specified in subsection (A);
(2) a statement that information concerning the property and the name and last known address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the administrator; and
(3) a statement that if proof of claim is not presented by the owner to the holder and the owner's right to receive the property is not established to the holder's satisfaction before April twentieth, or, in the case of property reported by life insurance companies, before October twentieth, the property will be placed not later than May first, or in the case of property reported by life insurance companies, not later than November first, in the custody of the administrator and all further claims must thereafter be directed to the administrator.
(C) The administrator is not required to publish in the notice any items of less than fifty dollars unless the administrator considers their publication to be in the public interest.
(D) Not later than March first, or in the case of property reported by life insurance companies, not later than September first, of the year immediately following the report required by Section 27-18-180, the administrator shall mail a notice to each person whose last known address is listed in the report and who appears to be entitled to property of the value of fifty dollars or more presumed abandoned under this chapter and any beneficiary of a life or endowment insurance policy or annuity contract for whom the administrator has a last known address.
(E) The mailed notice must contain:
(1) a statement that, according to a report filed with the administrator, property is being held to which the addressee appears entitled;
(2) the name and last known address of the person holding the property and any necessary information regarding the changes of name and last known address of the holder; and
(3) a statement that, if satisfactory proof of claim is not presented by the owner to the holder by the date specified in the published notice, the property will be placed in the custody of the administrator and all further claims must be directed to the administrator.
(F) This section is not applicable to sums payable on travelers checks, money orders, and other written instruments presumed abandoned under Section 27-18-50."
SECTION 4. Section 27-18-200 of the 1976 Code, as last amended by Act 658 of 1988, Part II, Section 34A, is further amended to read:
"Section 27-18-200. (A) Except as otherwise provided in subsections (B) and (C), aA person who is required to file a report under Section 27-18-180, within six months after the final date for filing the report as required by Section 27-18-180, shall pay or deliver to the administrator all abandoned property required to be reported.
(B) If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the administrator, and the property will no longer be presumed abandoned. In that case, the holder shall file with the administrator a verified written explanation of the proof of claim or of the error in the presumption of abandonment.
(C) Property reported under Section 27-18-180 for which the holder is not required to report the name of the apparent owner must be delivered to the administrator at the time of filing the report.
(D)(B) The holder of an interest under Section 27-18-110 shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the administrator. Upon delivery of a duplicate certificate to the administrator, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability of every kind in accordance with the provision of Section 27-18-210 to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the administrator, for any losses or damages resulting to any person by the issuance and delivery to the administrator of the duplicate certificate."
SECTION 5. Section 34-19-50 of the 1976 Code is amended to read:
"Section 34-19-50. A lessor shall permit the person named in a court order for the purpose, or if no order has been served upon the lessor, the spouse, a parent, an adult descendant or a person named as an executor in a copy of a purported will produced by him, to open and examine the contents of a safe-deposit box leased by a decedent, or any documents delivered by a decedent for safekeeping, in the presence of an officer, manager, or assistant manager of the lessor; and the lessor, if so requested by such person, must deliver:
(1) Any writing purporting to be a will of the decedent to the executor, if one be therein named, otherwise to the court having jurisdiction of the decedent's estate;
(2) Any writing purporting to be a deed to a burial plot or to give burial instructions to the person making the request for a search; and
(3) Any document purporting to be an insurance policy on the life of the decedent to the beneficiary named therein.
No other contents shall be removed, pursuant to this section until an executor or administrator qualifies and makes claim to the contents.
The removal of any contents of any safe-deposit boxes or deposits for safekeeping other than such as hereinabove permitted shall remain subject to Sections 12-15-1560 and 12-15-1570."
SECTION 6. Sections 12-16-1520 and 12-16-1530 of the 1976 Code are repealed.
SECTION 7. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. GAMBLE 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. CATO, with unanimous consent, it was ordered that S. 296 be read the third time tomorrow.
Rep. NEILSON moved to adjourn debate upon the following Bill until Tuesday, February 27, which was adopted.
H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.
The following Bill was taken up.
H. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22364SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The General Assembly finds and declares that:
(A) Under the copyright laws of the United States, a copyright owner may enforce the rights thereof against the owners of restaurants, bars, retail establishments, doctors' and other professionals' offices, and similar places of business where members of the public may assemble, for the public performance of music, whether it be in person by a performing artist hired by the proprietor, or on radio stations or other electronic media transmitted, received or rebroadcast by the proprietor at those places of business.
(B) These proprietors, usually small businessmen and women who through their businesses and professions contribute to the economy of this State and employ its citizens, recognize the copyright laws of the United States and the purposes for which they were enacted and should be enforced, and acknowledge their obligations thereunder for use of copyrighted works in their places of business.
(C) The proprietors of such establishments have raised substantial concerns as to enforcement and collections practices by the owners of these copyrights or their agents. These proprietors are entitled to certain safeguards in the operation of their businesses, which will protect them from any arbitrary, capricious, and unfair trade practices, permit them to negotiate fairly with the copyright owners or their agents in arriving at appropriate terms and conditions for the use of the copyrighted work in their places of business, and thereafter will assure them, with some reasonable degree of certainty, the ability to ascertain their true obligations and rights in the future use of such copyrighted work.
(D) Although the rights and responsibilities regarding copyrighted works are founded in Article I, Section VIII, Clause 8 of the United States Constitution and exclusively governed by Title 17 of the United States Code, it is nonetheless essential that the State of South Carolina protect its business owners and citizens from the practices of those who would enforce their rights under the federal law in an arbitrary and capricious manner.
(E) It is therefore in the best interests of the State, its business community and consumers alike, that the following be enacted.
SECTION 2. Title 39 of the 1976 Code is amended by adding:
Section 39-18-10. As used in this chapter:
(1) 'Copyright owner' means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553. 'Copyright owner' shall not include the owner of a copyright in a motion picture or audiovisual work, or in part of a motion picture or audiovisual work.
(2) 'Performing rights society' means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, including but not limited to the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc.
(3) 'Proprietor' means the owner of a retail establishment, restaurant, inn, bar, tavern, or any other similar place of business or professional office located in this State in which the public may assemble and in which nondramatic musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled.
(4) 'Royalty' or 'royalties' means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical work.
Section 39-18-20. No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than seventy-two hours before the execution of that contract, it provides to the proprietor in writing, the following:
(1) a schedule of the rates and terms of royalties under the contract;
(2) notice, that it will make available upon the written request of a proprietor, the most current available list of members or affiliates represented by the performing rights society and the most current available list of no less than the performed works that it licenses. The lists required by this subsection (2) shall be provided to the proprietor electronically at his option. The performing rights society may charge the proprietor for such information an amount not to exceed its actual cost of producing such information.
Section 39-18-30. Every contract for the payment of royalties executed, issued or renewed in this State on or after the effective date of this chapter shall:
(1) be in writing;
(2) be signed by the parties;
(3) be for a specific period after which term the contract shall be automatically renewed upon the same terms and conditions unless either party thereto provides written notice at least thirty days before the termination date of that contract of its desire to terminated that contract or to change its terms and conditions, utilizing the same annual percentage of increases, if any, as provided in the initial contract. This provision shall not apply to a contract offered to a proprietor if the terms of the contract were negotiated between a performing rights society and a bona fide national or state trade association, representing similarly situated proprietors, or determined by a federal court to be applicable to similarly situated proprietors;
(4) include at least the following information:
(a) the proprietor's name and business address and the name and location of each place of business to which the contract applies;
(b) the duration of the contract; and
(c) the schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of that contract.
Section 39-18-40. No performing rights society, or any agent or employee thereof shall:
(1) on the premises of the proprietor's business, discuss with the proprietor or his employees, or inquire of them regarding, a contract for the payment of royalties by a proprietor or the use of copyrighted works by that proprietor without first identifying himself to the proprietor or his employees;
(2) with respect to contracts executed, issued or renewed on or after the effective date of this chapter, collect or attempt to collect a royalty payment or any other fee except as provided in a contract executed pursuant to the provisions of this chapter;
(3) engage in any coercive conduct, act or practice in negotiating with a proprietor that is disruptive to the proprietor's business, or charging or collecting a royalty which is unreasonably higher or lower than the music licensing agency's published rate charts in the area for similar businesses consistent with federal consent decrees.
Section 39-18-50. Any person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney's fees, may seek an injunction to enjoin the violation, and may seek any other available remedy allowed by law.
Section 39-18-60. The rights, remedies, and prohibitions accorded by the provisions of this chapter shall be in addition to and cumulative of any other right, remedy, or prohibition accorded by common law, federal law, or the statutes of this State, and nothing contained in this chapter shall be construed to deny, abrogate, or impair any such common law or statutory right, remedy, or prohibition.
Section 39-18-70. This chapter shall not apply to:
(1) contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission; and
(2) investigations conducted by law enforcement agencies or other persons with respect to a suspected violation of Sections 16-11-910, 16-11-915, 16-11-920, 16-11-930, 16-11-940, or any combination of these sections.
Section 39-18-80. Nothing in this chapter shall be construed to prevent the performing rights society from informing the proprietor of the proprietor's obligations under the federal copyright law, Title 17 of the United State Code, or from exercising any exclusive rights preempted under Section 301(a) of the Title 17 of the United States Code.
SECTION 3. If any provision of Chapter 18, Title 39 of the 1976 Code or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this chapter and the application of such provision to other persons or circumstances are not affected thereby, and it is to be conclusively presumed that the General Assembly would have enacted the remainder of this chapter without such invalid or unconstitutional provision.
SECTION 4. This act takes effect July 1, 1996./
Renumber sections to conform.
Amend title to conform.
Rep. KELLEY 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. KELLEY, with unanimous consent, it was ordered that H. 4078 be read the third time tomorrow.
The following Bill was taken up.
S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.
Reps. QUINN, HALLMAN and COOPER proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22381SD.96), which was adopted.
Amend the bill, as and if amended, in Section 54-7-100 of the 1976 Code, as contained in SECTION 1, by adding after /Hunley/ on line 40, page 2, the following:
/Provided, inasmuch as actual locations or geographical coordinates of submerged archaeological historic properties are now exempt from disclosure as public records pursuant to Section 54-7-820(A), the geographical coordinates of the Hunley's location, regardless of the custodian, upon receipt from the Navy or receipt otherwise are expressly made exempt from disclosure pursuant to the Freedom of Information Act or any other law and no remedy for the disclosure of such coordinates exists pursuant to the Freedom of Information Act; and provided further, that with respect to the Hunley project, as described herein, the applicable duties and responsibilities contained in Article 5, Chapter 7 of this title shall be vested in the Hunley Commission./
Renumber sections to conform.
Amend title to conform.
Rep. QUINN 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. QUINN, with unanimous consent, it was ordered that S. 1014 be read the third time tomorrow.
Rep. VAUGHN 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. 4677 -- Reps. Limehouse, Cain and Robinson: A BILL TO AMEND SECTION 52-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING THAT CERTAIN ATHLETES POSSESS A PHYSICIAN'S CERTIFICATE BEFORE A SPORTS EVENT AND THE ATTENDANCE OF A PHYSICIAN AT THE RINGSIDE OF A BOXING EVENT, SO AS TO REQUIRE THE PHYSICIAN'S CERTIFICATE TO STATE THAT THE PARTICIPANT IS FREE OF THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND THE ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS).
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4678 -- Reps. Neilson, J. Hines, G. Brown and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A RECREATIONAL VEHICLE ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES.
Referred to Committee on Ways and Means.
H. 4679 -- Reps. Neilson, J. Hines and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-753 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER TRAVELING FIFTEEN MILES AN HOUR OR MORE OVER THE POSTED SPEED LIMIT IN HIS LAW ENFORCEMENT VEHICLE MUST ACTIVATE HIS BLUE LIGHTS AND SIREN.
Referred to Committee on Judiciary.
The following Bill was taken up.
H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.
Rep. HASKINS proposed the following Amendment No. 1, which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words, and adding:
/Section 55-11-230 is repealed in its entirety./
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. ANDERSON moved to table the amendment, which was agreed to by a division vote of 12 to 6.
Rep. D. SMITH proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2280DW.96), which was tabled.
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/ SECTION 1. Section 55-11-230(B)(4) of the 1976 Code, as added by Act 100 of 1995, is amended to read:
"(4) By January 31, 1996, the Airport Environs Planning Commission shall develop a uniform land use plan and uniform building performance standards for the airport environs area, submit them for review and comment to the governing body of each political subdivision represented on the Airport Environs Planning Commission, as well as the South Carolina Department of Commerce and the Federal Aviation Administration, conduct public hearings pursuant to Article 3, Chapter 29, Title 6, on the proposed uniform plan and standards. After receiving comments and conducting hearings, the Airport Environs Planning Commission shall adopt a land use plan and building performance standards to be effective throughout the airport environs area and enforced fully and without amendment by each political subdivision represented on the Airport Environs Planning Commission. However, any land use plan developed by the commission is not effective unless it has received approval by a two-thirds vote of each of the governing bodies of Greenville and Spartanburg Counties voting separately on the question. The Airport Environs Planning Commission, by majority of all voting members, may extend the January 31, 1996, deadline for a reasonable period of time not to exceed beyond March 31, 1996, for the completion of these tasks. Each political subdivision shall enforce the uniform plan and standards as an 'overlay zone', identifying areas subject to regulation which are supplementary to the existing regulations of that political subdivision, or as new or superseding provisions to that political subdivision's ordinances. If there is a conflict between the provisions adopted by the Airport Environs Planning Commission under this section or regulations of a political subdivision applicable to the airport environs area, then the provisions adopted by the Airport Environs Planning Commission under this section shall govern. If a uniform land use plan or uniform building performance standards are not developed by the Airport Environs Planning Commission in the manner provided in this section, any of the entities represented on the Airport Environs Planning Commission may file an action for relief, including mandamus or injunctive relief, in the Circuit Court for Greenville or Spartanburg County, to require adoption of the plan, or standards, or both, as directed by this section. Such an action must be brought within sixty days of the deadline as set forth above.
SECTION 2. The date of March 31, 1996, which is the date to which the Greenville-Spartanburg Airport Environs Commission may extend the deadline for completing the tasks necessary to develop and adopt a uniform land use plan provided for in Section 55-11-230(B)(4) of the 1976 Code may be further extended not to exceed beyond forty-five days of the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
Rep. VAUGHN spoke against the amendment and moved to table the amendment.
Rep. VAUGHN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 12 to 5.
Rep. WALKER moved to adjourn debate upon the Bill until Tuesday, March 5.
Rep. VAUGHN moved to table the motion, which was agreed to by a division vote of 12 to 5.
The question then recurred to the passage of the Bill on second reading.
Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Cato Easterday Haskins Jaskwhich Lanford McMahand Rice Tripp Vaughn Wilder Wilkins
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Rep. VAUGHN asked unanimous consent that the Bill be read a third time tomorrow.
Rep. WALKER objected.
The following Bill was taken up.
Rep. H. BROWN moved that the General Appropriation Bill be considered section by section, beginning with Part IA then taking up Part IB and then Part II, which was agreed to.
Rep. H. BROWN moved that while debating the General Appropriation Bill, he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.
Rep. H. BROWN made a statement relative to the Bill.
Section 3A was adopted.
Rep. MARCHBANKS proposed the following Amendment No. 7 (Doc Name P:\amend\dc.10), which was adopted.
Amend the bill, as and if amended, Part IA, Section 3b, House of Representatives, page 9, line 31, opposite /Approved Accounts/ by increasing the amounts in columns (5) and (6) by /116,885/;
Amend further, page 9, line 38, opposite /Telephone Expense/ by decreasing the amounts in columns (5) and (6) by /15,000/;
Amend further, page 11, line 32, opposite /Misc. Gen. Oper./ by decreasing the amounts in columns (5) and (6) by /13,461/;
Amend further, page 12, line 2, opposite /Employer Contributions/ by decreasing the amounts in columns (5) and (6) by /88,424/
Renumber sections and amend totals/title to conform.
Rep. MARCHBANKS explained the amendment.
The amendment was then adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Section 3C was adopted.
Section 3D was adopted.
Section 3E was adopted.
Section 3F was adopted.
Section 3G was adopted.
Section 4A was adopted.
Section 4B was adopted.
Section 5 was adopted.
Rep. HODGES moved to adjourn debate upon the section, which was adopted.
Section 6B was adopted.
Section 6C was adopted.
Section 6D was adopted.
Section 7 was adopted.
Section 8 was adopted.
Section 9 was adopted.
Section 10 was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Section 12 was adopted.
Section 13 was adopted.
Section 14 was adopted.
Section 15 was adopted.
Section 16 was adopted.
Section 17A was adopted.
Section 17B was adopted.
Section 17C was adopted.
Section 17D was adopted.
Section 17E was adopted.
Section 17F was adopted.
Section 17G was adopted.
Rep. HODGES moved to adjourn debate upon the section, which was adopted.
Section 18B was adopted.
Section 18C was adopted.
Section 18D was adopted.
Section 18E was adopted.
Section 18F was adopted.
Section 18G was adopted.
Section 18H was adopted.
Section 18J was adopted.
Section 18KA was adopted.
Section 18KB was adopted.
Section 18KC was adopted.
Section 18KD was adopted.
Section 18KE was adopted.
Section 18KF was adopted.
Section 18KG was adopted.
Section 18KH was adopted.
Section 18L was adopted.
Section 18MA was adopted.
Section 18MB was adopted.
Section 18MC was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Section 21 was adopted.
Section 22 was adopted.
Section 23 was adopted.
Rep. SPEARMAN moved to adjourn debate upon the section, which was adopted.
Section 25 was adopted.
Section 26 was adopted.
Section 27 was adopted.
Section 28 was adopted.
Section 29 was adopted.
Section 30 was adopted.
Section 31 was adopted.
Rep. TUCKER moved to adjourn debate upon the section, which was adopted.
Section 33 was adopted.
Rep. ROBINSON moved to adjourn debate upon the section, which was adopted.
Section 35 was adopted.
Section 36 was adopted.
Section 37 was adopted.
Section 38 was adopted.
Section 39 was adopted.
Section 40 was adopted.
Section 41 was adopted.
Section 42 was adopted.
Section 43 was adopted.
Section 44 was adopted.
Section 45 was adopted.
Section 46 was adopted.
Rep. TUCKER moved to adjourn debate upon the section, which was adopted.
Section 48 was adopted.
Section 49 was adopted.
Rep. NEAL moved to adjourn debate upon the section, which was adopted.
Section 51 was adopted.
Section 52 was adopted.
Section 54 was adopted.
Section 55 was adopted.
Section 56 was adopted.
Section 57 was adopted.
Section 58 was adopted.
Section 59 was adopted.
Section 60 was adopted.
Section 61 was adopted.
Section 62 was adopted.
Section 63 was adopted.
Section 64 was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Section 66 was adopted.
Section 67 was adopted.
Section 68A was adopted.
Section 68B was adopted.
Section 69 was adopted.
Section 1 was adopted.
Section 1A was adopted.
Section 2 was adopted.
Section 2A was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Section 4A was adopted.
Section 5 was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Section 8 was adopted.
Section 9 was adopted.
Section 10 was adopted.
Rep. TUCKER moved to adjourn debate upon the section, which was adopted.
Section 12 was adopted.
Rep. HALLMAN moved to adjourn debate upon the section, which was adopted.
Section 15 was adopted.
Rep. KIRSH proposed the following Amendment No. 4 (Doc Name P:\amend\dc.9), which was adopted.
Amend the bill, as and if amended, Part IB, Section 16, Elections, page 412, Paragraph 3, line 23 by striking /$25.00/ and inserting /$35.00/
Amend further, Part 1B, Section 16, Elections, page 412, Paragraph 3, line 25 by striking ($25.00/ and inserting /$35.00/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 16 as amended was adopted.
Section 17A was adopted.
Section 17B was adopted.
Rep. MARCHBANKS explained the section.
Rep. QUINN spoke in favor of the section.
Rep. MARCHBANKS spoke in favor of the section.
Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.
Section 17D was adopted.
Section 17E was adopted.
Section 17F was adopted.
Section 17G was adopted.
Rep. H. BROWN moved that the House recede until 2:15 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Part IB.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of Part IB.
Rep. ROGERS explained the section.
Section 18A was adopted.
Section 18B was adopted.
Rep. H. BROWN moved to adjourn debate upon the section, which was adopted.
Rep. H. BROWN explained the section.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
Rep. SEITHEL moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Section 20 was adopted.
Section 21 was adopted.
Section 22 was adopted.
Section 23 was adopted.
Section 24 was adopted.
Rep. KOON explained the section.
Section 25 was adopted.
Section 26 was adopted.
Section 27 was adopted.
Section 28 was adopted.
Rep. FELDER explained the section.
Rep. GOVAN moved to adjourn debate upon the section, which was adopted.
Rep. RICE moved to adjourn debate upon the section, which was adopted.
Section 31 was adopted.
Section 32 was adopted.
Rep. FELDER explained the section.
Section 33 was adopted.
Rep. QUINN explained the section.
Rep. SCOTT moved to adjourn debate upon the section, which was adopted.
Section 35 was adopted.
Section 36 was adopted.
Section 37 was adopted.
Section 38 was adopted.
Rep. ROBINSON moved to adjourn debate upon the section, which was adopted.
Section 40 was adopted.
Rep. HODGES moved to adjourn debate upon the section, which was adopted.
Rep. QUINN explained the section.
Rep. QUINN moved to adjourn debate upon the section, which was adopted.
Rep. QUINN explained the section.
Section 43 was adopted.
Rep. KOON explained the section.
Section 44 was adopted.
Section 45 was adopted.
Section 46 was adopted.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
Section 48 was adopted.
Section 49 was adopted.
Rep. HODGES moved to adjourn debate upon the section, which was adopted.
Section 54 was adopted.
Rep. CLYBURN moved to adjourn debate upon the section, which was adopted.
Section 56 was adopted.
Rep. RICHARDSON moved to adjourn debate upon the section, which was adopted.
Rep. SCOTT moved to adjourn debate upon the section, which was adopted.
Section 61 was adopted.
Section 62 was adopted.
Section 63 was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Section 68A was adopted.
Rep. HODGES moved to adjourn debate upon the section, which was adopted.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
Section 73 was adopted.
Debate was resumed on Section 3B.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 6A.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 11.
Rep. QUINN proposed the following Amendment No. 12 (Doc Name P:\amend\jl.12).
Amend the bill, as and if amended, Part IA, Section 11, ATTORNEY GENERAL, page 49, line 5, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/36,054 36,054
(1.00) (1.00)/
Amend the bill further, as and if amended, Part IA, Section 11, ATTORNEY GENERAL, page 49, line 23, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and Column 6 by:
COLUMN 5 COLUMN 6
/9,014.00 9,014.00
( ) ( )/
Renumber sections and amend totals/title to conform.
Rep. QUINN explained the amendment and moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 18A.
Rep. COBB-HUNTER moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 18N.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 19.
Rep. COBB-HUNTER moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 20.
Rep. SIMRILL moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 24.
Rep. GOVAN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 32.
Section 32 was adopted.
Debate was resumed on Section 34.
Rep. JENNINGS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 47.
Rep. TUCKER moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 50.
Rep. COBB-HUNTER moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 65.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 3.
Rep. MARCHBANKS explained the section.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted
Debate was resumed on Section 6DD.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 11.
Rep. TUCKER moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 14.
Rep. QUINN explained the section.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 17C.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 18A.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 18C.
Rep. LITTLEJOHN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 18K.
Section 18K was adopted.
Debate was resumed on Section 18M.
Rep. SEITHEL moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 18N.
Rep. TRIPP moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 19.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 19A.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 29.
Section 29 was adopted.
The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.
Debate was resumed on Section 30.
Rep. FELDER explained the section.
Rep. KOON spoke in favor of the section.
Section 30 was adopted.
Debate was resumed on Section 34.
Rep. ROBINSON moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 39.
Section 39 was adopted.
Debate was resumed on Section 41.
Rep. COBB-HUNTER moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 42.
Section 42 was adopted.
Debate was resumed on Section 47.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\amend\BS.2), which was adopted.
Amend the bill, as and if amended, Part IB, Section 47, DNR, page 471, Paragraph 1, lines 3-12, by reinserting:
/the proviso in its entirety as follows:/
(DNR: County Funds) Funds belonging to each of the counties of the State, now on hand or hereafter accruing to the counties, shall be expended on approval of a majority of the respective county delegation, including the resident senator or senators, if any. An annual accounting for all such funds and expenditures shall be furnished by the Department to each member of each county delegation; it being the intent of the General Assembly that the appropriations made in this section are conditioned upon compliance with this requirement. In addition to the annual accounting required above, the Department shall make a proposal for expenditures of such funds in the succeeding fiscal year in each county to the members of the respective county legislative delegation, including the resident senator or senators, if any; and upon approval thereby shall proceed with the use of such funds in compliance with the finalized and approved plan as approved by each legislative delegation. If no plan is approved, the expenditure of such funds is to be administered as determined by the various legislative delegations./
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. KOON spoke upon the amendment.
The SPEAKER granted Rep. J. HARRIS a leave of absence for the remainder of the day.
Rep. KOON continued speaking.
Rep. KIRSH spoke in favor of the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 3 (Doc Name P:\amend\BS.1), which was adopted.
Amend the bill, as and if amended, Part IB, Section 47, DNR, page 472, Paragraph 13, line(s) 13-15, by striking:
/proviso in its entirety - County Funds Expenditure/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 47 as amended was adopted.
Debate was resumed on Section 50.
Rep. SCOTT moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 55.
Rep. CLYBURN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 59.
Section 59 was adopted.
Debate was resumed on Section 60.
Section 60 was adopted.
Debate was resumed on Section 65.
Rep. KEEGAN explained the section.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 69.
Section 69 was adopted.
Debate was resumed on Section 72.
Rep. QUINN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 3B.
Rep. Kirsh proposed the following Amendment No. 26 (Doc. Name P:\amend\DC.13).
Amend the bill, as and if amended, Part IA, Section 3b, House of Representatives, page 10, line 32, opposite Unclass Leg Misc (P), by decreasing the amounts in columns (5) and (6) by /181,043/;
Amend further, line 33, by decreasing the FTE's in columns (5) and (6) by (5.00);
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. TUCKER moved to adjourn debate upon the amendment, which was adopted.
Rep. KIRSH proposed the following Amendment No. 25 (Doc Name P:\amend\dc.14), which was adopted.
Amend the bill, as and if amended, Part IA, Section 3b, House of Representatives, page 11, line 01, opposite /Unclass Leg Misc (P)/
by decreasing the amounts in columns (5) and (6) by /7,262/;
Amend further, line 2, by decreasing the FTE's in columns (5) and (6) by (1.00);
Amend further, line 3, opposite /Unclass Leg Misc (TP)/ by decreasing the amounts in columns (5) and (6) by /4,800/
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. MARCHBANKS spoke in favor of the amendment.
Rep. McABEE moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Clyburn Cobb-Hunter Keegan Keyserling Klauber McAbee McCraw McMahand Phillips Richardson Spearman Stille Tucker Waldrop Whipper, L. White Wilder
Those who voted in the negative are:
Askins Bailey Brown, G. Brown, J. Cain Cato Cotty Dantzler Delleney Easterday Felder Fleming Gamble Govan Hallman Harrell Haskins Herdklotz Hines, J. Hines, M. Howard Hutson Inabinett Jaskwhich Jennings Kelley Kinon Kirsh Knotts Koon Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McElveen Meacham Neilson Quinn Rice Riser Robinson Sandifer Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 24 (Doc Name P:\amend\dc.15), which was adopted.
Amend the bill, as and if amended, Part IA, Section 3b, House of Representatives, page 11, line 08, opposite /Unclass Leg Misc (P)/
by decreasing the amounts in columns (5) and (6) by /72,657/;
Amend further, line 09, by decreasing the FTE's in columns (5) and (6) by /(2.00).
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 23 (Doc Name P:\amend\dc.16), which was adopted.
Amend the bill, as and if amended, Part IA, Section 3b, House of Representatives, page 11, line 16, opposite /Unclass Leg Misc (P)/ by decreasing the amounts in Columns (5) and (6) by /10,370/;
Amend further, line 17, by decreasing the FTE's in columns (5) and (6) by /(1.00)/
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. PHILLIPS spoke against the amendment.
Rep. ROBINSON spoke in favor of the amendment.
Rep. MARCHBANKS spoke in favor of the amendment.
Rep. PHILLIPS moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Breeland Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Fleming Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Keyserling Lanford Lee McAbee McCraw McElveen McMahand Neal Neilson Phillips Rogers Scott Shissias Stuart Tucker Waldrop Wells Whipper, L. White Wilder
Those who voted in the negative are:
Bailey Brown, H. Cain Cato Chamblee Cotty Dantzler Delleney Easterday Felder Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Limbaugh Loftis Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sheheen Simrill Smith, R. Spearman Stille Thomas Tripp Trotter Vaughn Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. QUINN moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. LANFORD moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 24.
Section 24 was adopted.
Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.
Rep. TUCKER moved to adjourn debate upon the section, which was adopted.
Rep. McELVEEN moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 3.
Rep. MARCHBANKS proposed the following Amendment No. 6 (Doc Name P:\amend\dc.5).
Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 400, after line 7, by adding an appropriately numbered paragraph to read:
/There is hereby established a Capital Projects Oversight Committee which consists of three members of the Ways and Means Committee appointed by the Ways and Means Committee chairman and three members of the Senate Finance Committee appointed by the Senate Finance Committee chairman. The duties of the Capital Projects Oversight Committee are as follows:
1. Approve all permanent improvement projects exceeding $250,000;
2. Approve all real property acquisitions, capital lease purchases, A&E expenditures, and aircraft purchases and aircraft lease-purchases;
3. Approve bond bill enactment process;
4. Approve Cash Draw Schedule process for bond bill projects;
5. Approve Annual Permanent Improvement Program;
6. Approve starting date for DOT projects that are funded through State Highway Bonds;
7. Reauthorizes bond authorization through enactment of legislation;
8. Approve Priority Schedules for Senior Citizens Center Project built with Bingo Tax Funds;
9. Approve all real property leases involving $1 M or more in a 5 year period;
10. Approve USC Housing Revenue Bonds;
11. Approve sale of surplus real property by local TEC commissions;
12. These duties may modified as deemed necessary by the committee or the General Assembly./
Renumber sections & amend totals/title to conform.
Rep. MARCHBANKS explained the amendment and Rep. McABEE moved to adjourn debate upon amendment, which was adopted.
Rep. MARCHBANKS moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. TUCKER moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. KIRSH proposed the following Amendment No. 31 (Doc Name P:\amend\ta.1), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17C, Budget & Control Board, page 420, line 21, by adding an appropriately numbered paragraph to read:
/Effective on July 1 of the current fiscal year, the Appropriation Bill must show the prior year's base budget in the appropriation budget format./
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
The amendment was then adopted.
Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 18A.
Reps. LITTLEJOHN and H. BROWN proposed the following Amendment No. 56 (Doc Name P:\amend\PFM\8012AC.96), which was tabled.
Amend the bill, as and if amended, Part IB, SECTION 18A (CHE), paragraph 22, page 427, line 3, after /order./, by inserting:
/However, notwithstanding a decision of the Fourth Circuit Court of Appeals, the Citadel must be reimbursed from the funds appropriated in Part IA, SECTION 18C, for funds expended through June 30, 1996, for the support of the Women's Leadership Program./
Amend further, Part IB, SECTION 18C (THE CITADEL), Page 428, line 16, after /./, by inserting:
/However, notwithstanding a decision of the Fourth Circuit Court of Appeals, the Citadel must be reimbursed from the funds appropriated in Part IA, SECTION 18C, for funds expended through June 30, 1996, for the support of the Women's Leadership Program./
Renumber sections & amend totals/title to conform.
Rep. LITTLEJOHN explained the amendment and moved to table the amendment, which was agreed to.
Rep. QUINN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 18C.
Section 18C was adopted.
Debate was resumed on Section 18M.
Reps. SEITHEL, SHISSIAS, QUINN, WOFFORD and YOUNG-BRICKELL proposed the following Amendment No. 61 (Doc Name P:\amend\tmr.10), which was adopted.
Amend the bill, as and if amended, Part IB, Section 18M, MUSC, page 429, by adding an appropriately numbered paragraph to read:
/The members of the State Budget and Control Board and the Joint Bond Review Committee, after their respective reviews of the proposed sale or lease between the Medical University of South Carolina and Columbia/HCA, shall forward their recommendations to the General Assembly and the sale or lease of MUSC facilities to Columbia/HCA shall not occur unless the General Assembly by joint resolution approves the sale or lease of these assets/
Renumber sections & amend totals/title to conform.
Rep. SEITHEL explained the amendment.
The amendment was then adopted.
Section 18M as amended was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Rep. ROGERS moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 34.
Reps. G. BROWN, COBB-HUNTER, SCOTT, ROGERS, GOVAN, CAIN, THOMAS, McCRAW, GAMBLE and WITHERSPOON proposed the following Amendment No. 47 (Doc Name P:\amend\dc.30), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 34, Dept. of Public Safety, page 462, by adding an appropriately numbered paragraph to read:
/It is the intent of the General Assembly that the Division of Motor Vehicles in each county should have a local telephone number./
Renumber sections & amend totals/title to conform.
Rep. G. BROWN explained the amendment.
Rep. KLAUBER raised the Point of Order that Amendment No. 47 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. G. BROWN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 41.
Rep. KIRSH proposed the following Amendment No. 45 (Doc Name P:\amend\jl.21), which was adopted.
Amend the bill, as and if amended, Part IB, Section 41, Department of Corrections, page 468, Paragraph 15, lines 18-23, by striking:
/15. (CORR: Recreational Weight Room Equipment) All recreational weight room equipment within the South Carolina Department of Corrections shall be disbursed in the following order: to the Department of Corrections Training Facility, the Criminal Justice Academy and to the Department of Education for distribution to local school districts. The Department of Corrections is prohibited from purchasing recreational weight room equipment for inmate use and if any prison fails to remove the weights from inmates' use, then $10,000,000 of the State General Funds will be withheld from the Other Operating Expenses of the Department of Corrections./
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 43 (Doc Name P:\amend\jl.19), which was adopted.
Amend the bill, as and if amended, Part IB, Section 41, Department of Corrections, page 468, Paragraph 16, lines 24-26, by striking paragraph 16 in its entirety and inserting:
/16. (CORR: Recreational Scoreboards and Bleachers) The recreational scoreboards and bleachers determined to be surplus by the South Carolina Department of Corrections may be donated by the Department to any school district. The Department must notify all school districts of the availability of surplus scoreboards and bleachers and establish a date by which all requests for these items must be received by the Department. A drawing is to be held to award the items when more than one school district places a request for the items./
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. QUINN moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Koon McMahand Quinn Rice Shissias Smith, R.
Those who voted in the negative are:
Allison Askins Bailey Cain Cato Cobb-Hunter Cotty Delleney Easterday Fleming Fulmer Gamble Hallman Haskins Hines, J. Hines, M. Hodges Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Lanford Law Lee Limbaugh Limehouse Lloyd Loftis Marchbanks Mason McCraw McElveen McKay Meacham Neilson Phillips Rhoad Richardson Riser Robinson Sandifer Scott Sheheen Simrill Spearman Stille Stoddard Stuart Thomas Tripp Trotter Vaughn Whatley Wilder Witherspoon Wofford Worley Wright Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. COBB-HUNTER, KINON, McELVEEN, G. BROWN, LLOYD, CANTY, INABINETT, KIRSH, ROGERS, KEYSERLING, NEAL, SCOTT, BYRD, HODGES, L. WHIPPER and WHITE proposed the following Amendment No. 64 (Doc Name P:\amend\jl.55), which was tabled.
Amend the bill, as and if amended, Part IB, Section 41, Dept. of Corrections, page 468, by adding an appropriately numbered paragraph to read:
/Of the funds appropriated in Section 41, Department of Corrections, for correctional officer salaries, it is the intent of the General Assembly that the Department shall not use any of these funds for special pay increases for employees at designated institutions. The Department is authorized to provide for pay increases for correctional officers. However, any pay increase grant shall be across the board for all correctional officers at all of the Department's institutions and facilities/
Renumber sections & amend totals/title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. QUINN spoke against the amendment and moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Brown, H. Cain Cato Cotty Dantzler Easterday Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Jaskwhich Keegan Klauber Knotts Koon Law Lee Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay McMahand Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Stoddard Stuart Tripp Trotter Vaughn Wells Whatley Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Bailey Breeland Brown, G. Brown, J. Byrd Canty Clyburn Cobb-Hunter Cromer Delleney Govan Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Kelley Keyserling Kinon Kirsh Lanford Lloyd McCraw McElveen Neal Neilson Phillips Richardson Rogers Scott Sheheen Spearman Stille Thomas Tucker Whipper, L. White Wilder Worley Young
So, the amendment was tabled.
Section 41 as amended was adopted.
Rep. McABEE moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 55
Section 55 was adopted.
Rep. ROGERS moved to adjourn debate upon the Section, which was adopted.
Debate was resumed on Section 72.
Reps. GAMBLE, CROMER, HALLMAN, McCRAW, SHISSIAS, DELLENEY, FULMER and PHILLIPS proposed the following Amendment No. 42 (Doc Name P:\amend\DKA\3551AC.96), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 72, page 497, by striking paragraph 72.45 and inserting:
/45. (GP: Publication List for General Assembly) With the exception of the Governor's Executive Budget and related documents and telephone directories, and notwithstanding any other requirement, mandate, or provision of this act to the contrary, no agency, department, or entity of state government shall provide the General Assembly with hard copies of a publication whether or not the publication, report, or other document is required to be furnished to the General Assembly by law, and a publication only may be provided to a member of the General Assembly if the member requests the publication. Nothing herein prevents the agency or department from transmitting such publications to the Office of Legislative Printing and Information Technology Resources (LPITR) by electronic medium in such format and form and in accordance with such technical standards as may be established by LPITR. LPITR may make any such information transmitted available through its network. Any report governed by the requirements of this proviso may be published in hard copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Rep. CROMER proposed the following Amendment No. 40 (Doc Name P:\amend\dc.26), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, Gen & Temp, page 498, paragraph 52, line 29 by striking /one hundred/ and inserting /fifty/
Amend the bill further, as and if amended, Part IB, Section 72, Gen & Temp, page 498, paragraph 52, line 29, after /agency./ by inserting: /agencies should include position titles for each of the top fifty travelers for each agency/
Amend the bill further, as and if amended, Part IB, Section 72, Gen & Temp, page 498, paragraph 52, line 31 after /amount./ by inserting: /agencies should include a brief summary of the type of out-of-state travel the agency incurs/
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Reps. HODGES and QUINN proposed the following Amendment No. 41 (Doc Name P:\amend\bj.2), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General/Fund, page 501, line 11, by adding an appropriately numbered paragraph to read:
/All state agencies or other entities existing by state law are required to file a report with the State Ethics Commission listing all contracts for public relations, communications, and legislative strategy services. This report shall include the terms, conditions, and amounts expended for these purposes and shall be submitted by June 30, 1997/
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 20.
Rep. LANFORD proposed the following Amendment No. 39 (Doc Name P:\amend\tr.1r), which was tabled.
Amend the bill, as and if amended, Part IA, Section 20, ETV, page 183, line 11, opposite /class.pos./ by increasing the amount(s) in Columns 5 & 6 by:
COLUMN 5 COLUMN 6
/700,000 700,000/
Amend the bill further, as and if amended, Part IA, Section 20, ETV, page 183, line 26, opposite /Classif. Positions/ by increasing the amount(s) in Columns 5 & Column 6 by:
COLUMN 5 COLUMN 6
/300,000 300,000/
Renumber sections and amend totals/title to conform.
Rep. LANFORD explained the amendment.
Rep. HALLMAN spoke against the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. LANFORD spoke in favor of the amendment.
Reps. H. BROWN and SHEHEEN spoke against the amendment.
Rep. HALLMAN moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Breeland Brown, J. Byrd Cain Cato Clyburn Cobb-Hunter Cotty Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harrison Haskins Hines, J. Hines, M. Hodges Howard Hutson Jennings Keegan Kelley Kinon Kirsh Knotts Koon Law Lee Limbaugh Limehouse Loftis Marchbanks Mason McCraw McKay McMahand Neilson Quinn Rhoad Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Smith, R. Spearman Stuart Tripp Tucker Vaughn Whatley Whipper, L. Wilkins Witherspoon Wofford Worley Wright Young-Brickell
Those who voted in the negative are:
Allison Askins Brown, H. Canty Jaskwhich Keyserling Klauber Lanford Littlejohn Lloyd McElveen Meacham Neal Phillips Richardson Simrill Smith, D. Stille Stoddard Wells White Wilder Young
So, the amendment was tabled.
Section 20 was adopted.
Debate was resumed on Section 17C.
Rep. SHEHEEN proposed the following Amendment No. 57 (Doc Name P:\amend\DC.3).
Amend the bill, as and if amended, Part IB, Section 17C, B&C Bd-Budget & Analyses, page 420, Paragraph 20, line 14 by striking paragraph 20 in its entirety and inserting the following:
/17C.20 Effective on the first pay date that occurs on or after January 1, of the current fiscal year, judicial employees shall receive base pay increases in the following manner:
A. For those Judicial Department employees whose annualized salary is equal to or less than $50,000, funding shall be provided to award an annual average 4% increase./
B. For those Judicial Department employees whose annualized salary is greater than $50,000, funding shall be provided to award an annualized increase of $2,000.
Renumber sections & amend totals/title to conform.
Rep. SHEHEEN explained the amendment.
Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
Rep. HARRISON moved to reconsider the vote whereby Amendment No. 61 was adopted in Section 18M, Part IB and the motion was noted.
Rep. HODGES moved to reconsider the vote whereby Amendment No. 39 was tabled in Section 20, Part IA and the motion was noted.
Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 3A, 3C, 3D, 3E, 3F, 3G, 4A, 4B, 5, 6B, 6C, 6D, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17A, 17B, 17C, 17D, 17E, 17F, 17G, 18B, 18C, 18D, 18E, 18F, 18G, 18H, 18J, 18KA, 18KB, 18KC, 18KD, 18KE, 18KF, 18KG, 18KH, 18L, 18MA, 18MB, 18MC, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 51, 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68A, 68B, 69, Part IB, Sections 1, 1A, 2, 2A, 4A, 5, 8, 9, 10, 12, 15, 16, 17A, 17B, 17D, 17E, 17F, 17G, 18B, 18C, 18K, 18M, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 54, 56, 59, 60, 61, 62, 63, 65, 68A and 69 were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
At 7:03 P.M. the House in accordance with the motion of Rep. HODGES adjourned in memory of Marion O. Boan, father of Rep. BILLY BOAN, of Kershaw, to meet at 9:30 A.M. tomorrow.
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