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| Referred to Committee on Education and Public Works.
H. 4631 -- Reps. Wilkes, G. Brown, Bailey, Simrill, Meacham, J. Young, Fulmer, Sharpe, Shissias, Wofford, Young-Brickell, Limehouse, Wright, Davenport, Whatley, Cain, Tucker, Carnell, Hodges, R. Smith, Whatley, Breeland, Wilder, Stoddard, Richardson, Cromer, McMahand, Fulmer, L. Whipper, J. Brown, Scott, J. Hines, Knotts, Marchbanks, Neilson, Kennedy and Kinon: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES BEGINNING JULY 1, 1997.
Referred to Committee on Ways and Means.
H. 4632 -- Reps. Loftis, Herdklotz, Trotter, Seithel, Allison, Easterday, Haskins, Cato, Tripp, Byrd, Kelley, Davenport, Rice, Wells, Vaughn, H. Brown and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO
Referred to Committee on Education and Public Works.
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Referred to Committee on Education and Public Works.
S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.
Referred to Committee on Ways and Means.
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.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4633 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION CONGRATULATING EDNA MAE BRUNSON EAGERTON OF CLARENDON COUNTY ON HER SELECTION AS SOUTH CAROLINA'S "MOTHER OF THE YEAR".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Howard Hutson Jaskwhich Jennings Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McElveen McKay McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Thursday, February 15. James H. Hodges Curtis B. Inabinett Douglas E. McTeer, Jr. William F. Cotty Thomas G. Keegan Jerry N. Govan, Jr. Ronald P. Townsend C. Alex Harvin III Ronald C. Fulmer Charles R. Sharpe L. Morgan Martin John G. Felder Gilda Cobb-Hunter June S. Shissias
The SPEAKER granted Rep. KEYSERLING a leave of absence for the day.
The SPEAKER granted Rep. LANFORD a leave of absence for the day.
The SPEAKER granted Rep. WHITE a leave of absence for the day.
Rep. STUART, on behalf of the Lexington Delegation presented to the House the Pelion High School boys cross country team, winners of the 1995 State A/AA Championship, their coach and other school officials.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1105 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4609 -- Reps. Koon, Knotts, Gamble, Riser and Wright: A BILL TO AMEND ACT 218 OF 1993, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATES WHEN NOTICES OF CANDIDACY MAY BE FILED WITH THE COUNTY ELECTION COMMISSION, AND TO AMEND ACT 176 OF 1995, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, SO AS TO PROVIDE THAT THE FILING PERIOD FOR PERSONS DESIRING TO FILE WRITTEN NOTICES OF CANDIDACY SHALL BE AS PROVIDED IN ACT 218 OF 1993.
H. 4611 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY STUDENTS OF INDIAN LAND ELEMENTARY SCHOOL AND INDIAN LAND HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO FLOODING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Joint Resolution was taken up.
H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, 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.
Rep. CAVE demanded the yeas and nays, which were not ordered.
The Joint Resolution was continued by a division vote of 33 to 27.
The following Bill was taken up.
H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22276SD.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 2-1-105. (A) `Salaried office or position' means an office or position in which a person receives compensation for services rendered but does not include the receipt of per diem, mileage, or subsistence received in the performance of responsibilities.
(B) No member of the General Assembly may apply for or be elected to a salaried office or position which is filled by election of the General Assembly while he is serving in the General Assembly."
SECTION 2. Sections 1-23-525 and 58-3-24 of the 1976 Code are repealed.
SECTION 3. The 1976 Code is amended by adding:
"Section 2-3-26. If a member of the General Assembly resigns, he must repay any compensation he has received for that year on a pro rata basis. The Clerk of the Senate or the Clerk of the House of Representatives, as appropriate, shall request the repayment of the compensation paid."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
Rep. ROGERS spoke against the amendment.
Rep. ROGERS continued speaking.
Rep. HARRISON spoke in favor of the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. McELVEEN spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. McELVEEN having the floor.
Rep. VAUGHN moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4635 -- Reps. Gamble, Mason, Stoddard, Carnell, Neal, G. Brown, Howard, Sandifer, Kennedy, Walker, Bailey, Whatley, Hutson, Stuart, Simrill, Shissias, Lloyd, Byrd, Herdklotz, Thomas, J. Young, Keegan, Stille, Rhoad, Lee, McCraw, Rice, Robinson, Harvin, Cain, Davenport and Chamblee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT ADDITIONAL PROVISIONS OF LAW WHICH WILL RESTRAIN THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH REASONABLY CAN BE EXPECTED TO BE SEEN BY CHILDREN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4634 -- Reps. Stuart, Lloyd, Allison, Spearman, Gamble, Jaskwhich, Wells, Young-Brickell, Moody-Lawrence, J. Harris, Thomas, Richardson and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL
Referred to Committee on Judiciary.
H. 4636 -- Reps. Gamble, Sandifer, Cain, Stille, Shissias, Stoddard, Robinson, Herdklotz, Rice, Keegan, Walker, Davenport, Carnell and McCraw: A BILL TO AMEND SECTION 56-5-2945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ASSESSED AGAINST A PERSON WHO DRIVES UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE IN WHICH A DEATH OCCURS MAY ONLY APPLY FOR A SPECIAL RESTRICTED DRIVER'S LICENSE AFTER HE HAS COMPLETED HIS SENTENCE AND AFTER HIS MANDATORY PERIOD OF SUSPENSION HAS EXPIRED.
Referred to Committee on Judiciary.
Due to my responsibilities as the sub-committee chairman of the Ways and Means Committee, I will be out of the Chamber at different times during the day.
Rep. RICK QUINN
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. McELVEEN having the floor.
H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.
Debate was resumed on Amendment No. 1 by the Committee on Judiciary.
Rep. McELVEEN continued speaking.
Rep. McELVEEN objected to the Bill.
Rep. VAUGHN spoke against the amendment and moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Breeland Brown, G. Brown, T. Cain Carnell Cato Cave Chamblee Cotty Davenport Easterday Gamble Govan Hallman Harrell Harris, P. Harvin Herdklotz Hines, J. Hines, M. Howard Jaskwhich Keegan Kelley Kinon Kirsh Knotts Koon Lee Limehouse Littlejohn Lloyd Loftis Mason McCraw McElveen McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Whipper, L. Whipper, S. Wilder Wilkes Williams
Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Boan Clyburn Cromer Dantzler Delleney Fleming Harris, J. Harrison Haskins Hutson Jennings Klauber Law Limbaugh Martin McAbee McKay Rice Robinson Shissias Smith, D. Spearman Wilkins
So, the amendment was tabled.
Rep. CARNELL proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5195SD.96).
Amend the bill, as and if amended, by striking subsection (B) of Section 2-1-105 of the 1976 Code, as contained in Section 1, and inserting:
/(B) No member of the General Assembly may apply for or be elected to a salaried office or position which is filled by election of the General Assembly while he is serving in the General Assembly and for a period of eighteen months thereafter./
Amend the report further, as and if amended, by striking Section 4 and inserting:
/SECTION 2. This act takes effect January 1, 1998./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. D. SMITH raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that the amendment amended the committee report which had already been tabled.
Rep. SHEHEEN stated that the amendment was just inartfully drawn but was germane.
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