Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
All wise and all knowing God, You know us better than we know ourselves.
Help us, then, to not possess attitudes that are harmful to others:
Deny us anger that we may know the meaning of self control.
Deny us of stinginess that we may know the meaning of generosity.
Take from us all cowardice that we may know the meaning of courage.
Keep us free from hardness that we may practice forgiveness.
Deny us despair and hate that we may enjoy the blessing of hope.
Help us, good Lord, to be good neighbors at all times and always.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. EASTERDAY moved that when the House adjourns, it adjourn in memory of Greg Horton of Simpsonville, which was agreed to.
The following was introduced:
H. 3817 -- Rep. Leach: A CONCURRENT RESOLUTION HONORING AND COMMENDING MICHELIN NORTH AMERICA FOR ITS MERITORIOUS AND EXEMPLARY SERVICE TO THE PALMETTO STATE IN SETTING A STANDARD OF EXCELLENCE THROUGH THE COMPANY'S UNSOLICITED SERVICE TO THE STATE'S EDUCATIONAL SYSTEM AND ITS STUDENTS THROUGH A DRIVER'S TRAINING PROGRAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3818 -- Rep. Leach: A CONCURRENT RESOLUTION EXPRESSING THE GENERAL ASSEMBLY'S BELIEF THAT WESTERN CAROLINA REGIONAL SEWER AUTHORITY (WCRSA) HAS ACTED IN GOOD FAITH IN CRAFTING A PROPOSAL WITH RESPECT TO THE REEDY RIVER TRUNK LINE CONSTRUCTION PROJECT THAT TAKES INTO CONSIDERATION THE CONCERNS OF PROPERTY OWNERS WHILE PROTECTING WCRSA'S RATEPAYERS AND COMMENDING WCRSA FOR ITS ACTIONS TO PRESERVE THE NATURAL ENVIRONMENT OF THE UPSTATE.
The Concurrent Resolution was ordered referred to the Greenville Delegation.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3819 -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
Referred to Committee on Ways and Means.
H. 3820 -- Reps. Beck, Edge, Mason, Carnell, Trotter, Sharpe, Cato, R. Smith, Clyburn, Limehouse, H. Brown, Harrison, Bailey and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, T. Campsen Cato Cave Chellis Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Leach Lee Limbaugh Limehouse Littlejohn Lloyd Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Neilson Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, April 3.
Lynn Seithel Victoria T. Mullen Marion P. Carnell Harry C. Stille James N. Law Dwight A. Loftis James L.M. Cromer, Jr. John G. Felder Richard M. Quinn, Jr. Steve P. Lanford Bill Cotty Jerry N. Govan, Jr. Joe E. Brown Daniel L. Tripp Larry L. Koon Ralph W. Canty Alma W. Byrd Joseph H. Neal William Clyburn
LEAVES OF ABSENCE
The SPEAKER granted Reps. WALKER and SHEHEEN a leave of absence for the day.
The SPEAKER granted Rep. MULLEN a temporary leave of absence.
Announcement was made that Dr. Boyce Tollison of Easley is the Doctor of the Day for the General Assembly.
The following Joint Resolution 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. 585 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 7, 1997, MISSED BY STUDENTS OF EDWARDS ELEMENTARY SCHOOL IN CHESTERFIELD COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOL WAS CLOSED DUE TO SEVERE VANDALISM 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 Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3772 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw, Delleney and Littlejohn: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PURCHASE AND HOLD LAND FOR SALE AT A LATER DATE TO ONE OR MORE INDUSTRIAL CUSTOMERS.
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, April 9, which was adopted.
H. 3174 -- Reps. Knotts and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR THE ISSUANCE OF "CHARTER LIMOUSINE" LICENSE PLATES.
The following Bill was taken up.
H. 3444 -- Reps. Keegan, Bailey, Kelley and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4231CM.97), which was adopted.
Amend the bill, as and if amended, Section 56-3-6920, page 1, line 36, by inserting after the /./:
/The department must receive at least three hundred applications requesting a Marine Corps League special license plate before the special license plate may be issued./
When amended Section 56-3-6920 reads:
/Section 56-3-6920. The department may issue special motor vehicle license plates to members of the Marine Corps League for private motor vehicles registered in their names. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. The department must receive at least three hundred applications requesting a Marine Corps League special license plate before the special license plate may be issued. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly./
Amend title to conform.
Rep. TOWNSEND 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. TOWNSEND, with unanimous consent, it was ordered that H. 3444 be read the third time tomorrow.
The following Bill was taken up.
S. 262 -- Senators Peeler and Setzler: A BILL TO AMEND SECTION 56-3-7860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SHRINER LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT ONLY ONE PLATE MAY BE ISSUED TO A SHRINER.
Rep. TOWNSEND explained the Bill.
Rep. KNOTTS moved to adjourn debate upon the Bill until Tuesday, April 8, which was adopted.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3275 -- Reps. Klauber, Seithel, Sharpe, Simrill, Knotts, Fleming, Miller, Whatley, Robinson, Trotter, Hawkins, Sandifer, Bauer, R. Smith, Woodrum, Limbaugh, Young, Haskins, Wilder, D. Smith, Webb, Barrett, Witherspoon, Harrell, Leach, Young-Brickell, Kelley, Rodgers and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-33 SO AS TO PROVIDE THAT CERTAIN PRISONERS MAY BE HOUSED IN TENTS; AND TO REPEAL CHAPTER 9 OF TITLE 24 RELATING TO THE JAIL AND PRISON INSPECTION PROGRAM.
H. 3177 -- Rep. Seithel: A BILL TO AMEND SECTION 40-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATIVE TO LICENSING OF CONTRACTORS, SO AS TO PROVIDE THAT GENERAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR A FEE OF FIVE THOUSAND DOLLARS OR MORE AND THAT MECHANICAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE AND TO DEFINE MARINE CONSTRUCTION; AND TO AMEND SECTION 40-59-10, AS AMENDED, RELATING TO DEFINITIONS RELATIVE TO LICENSING RESIDENTIAL BUILDERS, SO AS TO PROVIDE THAT RESIDENTIAL BUILDERS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE.
H. 3695 -- Ways and Means Committee: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.
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. 33 -- Senators Cork, Rankin, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 8 TO ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
The following Bill was taken up.
H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
Rep. DAVENPORT moved to recommit the Bill to the Committee on Ways and Means.
Rep. H. BROWN moved to table the motion.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The motion to recommit was tabled by a division vote of 53 to 19.
The Bill was read the third time and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. SHARPE.
The following Bill was taken up.
H. 3303 -- Rep. Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-761 SO AS TO PROHIBIT THE SHOOTING OR HUNTING OF BIG GAME FROM ANY PUBLIC, PAVED ROAD IN GAME ZONES 1, 2, AND 4, PROVIDE FOR PENALTIES AND EXEMPTIONS, AND PROVIDE FOR RELATED MATTERS; AND TO REPEAL SECTION 50-11-760, RELATING TO HUNTING OF ALL GAME FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY AND PENALTIES.
Rep. WITHERSPOON moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SHARPE moved to table the motion, which was not agreed to by a division vote of 21 to 55.
The question then recurred to the motion to recommit, which was agreed to.
The following Bill was taken up.
H. 3341 -- Reps. Cooper, Trotter, Sandifer, Davenport, Kelley, Young-Brickell, Quinn, Rhoad, Keegan, Barrett, Meacham, Cato and Fleming: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SONS OF CONFEDERATE VETERANS.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9300CM.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-6950. The department may issue special motor vehicle license plates to members of the Sons of Confederate Veterans for private motor vehicles registered in their names. The license plate must prominently display the insignia of the Sons of Confederate Veterans. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3, of this title and the special fee required by Section 56-3-2020. The department shall receive three hundred or more applications requesting a special license plate for a Sons of Confederate Veterans before a specialized license plate may be developed for that organization."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Breeland Brown, G. Brown, T. Byrd Canty Cotty Gourdine Harvin Hines, J. Hines, M. Inabinett Jordan Kennedy Lee Lloyd Mack Maddox McMahand Moody-Lawrence Neal Neilson Parks Pinckney Scott Smith, F. Webb Whipper Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Battle Bauer Beck Brown, H. Campsen Cato Cave Chellis Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Edge Gamble Govan Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McKay McLeod McMaster Meacham Miller Mullen Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the amendment.
Reps. SCOTT, MACK, HOWARD, McMAHAND and WILKES spoke against the amendment.
The SPEAKER granted Rep. WILDER a leave of absence for the remainder of the day.
Reps. MEACHAM and CAMPSEN spoke in favor of the amendment.
Rep. KENNEDY spoke against the amendment.
The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day.
Rep. TOWNSEND moved cloture on the entire matter.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\9300CM.97), which was rejected.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-6950. The department may issue special motor vehicle license plates to members of the Sons of Confederate Veterans for private motor vehicles registered in their names. The license plate must prominently display the insignia of the Sons of Confederate Veterans. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3, of this title and the special fee required by Section 56-3-2020. The department shall receive three hundred or more applications requesting a special license plate for a Sons of Confederate Veterans before a specialized license plate may be developed for that organization, or any other 501C organization with three hundred members or more."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Reps. SCOTT and GOVAN spoke in favor of the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Bauer Baxley Brown, H. Campsen Canty Chellis Cromer Dantzler Gamble Hamilton Harrell Haskins Hawkins Hinson Howard Kinon Kirsh Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McKay McMaster Meacham Mullen Quinn Rhoad Riser Rodgers Sandifer Seithel Simrill Smith, D. Smith, J. Smith, R. Stille Townsend Vaughn Whatley Wilkins Young-Brickell
Those who voted in the negative are:
Barfield Battle Bowers Breeland Brown, G. Brown, T. Byrd Carnell Cato Cave Clyburn Cobb-Hunter Cooper Cotty Davenport Delleney Edge Felder Gourdine Govan Harrison Harvin Hines, J. Hines, M. Inabinett Jordan Keegan Kelley Kennedy Klauber Knotts Koon Lanford Lee Lloyd Mack Maddox McLeod Miller Moody-Lawrence Neal Neilson Parks Pinckney Rice Robinson Scott Stoddard Stuart Tripp Trotter Webb Whipper Wilkes Witherspoon Woodrum Young
So, the House refused to table the amendment.
Rep. HARRELL spoke against the amendment.
Rep. QUINN moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Baxley Bowers Edge Harvin Hines, J. Inabinett Kennedy McLeod McMaster Quinn Rhoad Riser Robinson Whipper Wilkes
Those who voted in the negative are:
Altman Barrett Battle Bauer Brown, G. Brown, H. Byrd Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Felder Gamble Gourdine Hamilton Harrell Harrison Hawkins Hinson Howard Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Mason McCraw McKay Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Rice Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to adjourn.
The question then recurred to the adoption of the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Bowers Breeland Brown, T. Byrd Carnell Cave Clyburn Cotty Felder Govan Harvin Hines, M. Inabinett Jordan Kennedy Klauber Lloyd Mack Maddox McLeod Moody-Lawrence Neal Parks Rice Scott Sharpe Stoddard Trotter Webb Whipper
Those who voted in the negative are:
Allison Altman Barrett Battle Bauer Beck Brown, H. Campsen Canty Cato Chellis Cooper Cromer Dantzler Davenport Delleney Edge Gamble Gourdine Hamilton Harrell Haskins Hawkins Hinson Howard Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limbaugh Littlejohn Loftis Martin Mason McCraw McKay McMahand McMaster Meacham Miller Mullen Quinn Rhoad Riser Robinson Rodgers Sandifer Seithel Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Townsend Tripp Vaughn Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the amendment was rejected.
Reps. CAVE, GOVAN, COOPER and TRIPP proposed the following Amendment No. 3 (Doc Name P:\AMEND\PT\1130CM.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ______. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-8000. The department may issue special motor vehicle license plates to members of the National Association for the Advancement of Colored People for private motor vehicles registered in their names. The license plate must prominently display the insignia of the National Association for the Advancement of Colored People. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title and the special fee required by Section 56-3-2020. Only one plate may be issued to a member of the National Association for the Advancement of Colored People."/
Renumber sections to conform.
Amend title to conform.
Rep. CAVE moved to table the amendment, which was agreed to.
Rep. SCOTT moved to table the Bill.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bowers Breeland Brown, G. Byrd Cotty Cromer Harvin Hines, M. Howard Inabinett Jordan Kennedy Lee Lloyd Mack Maddox McMahand Moody-Lawrence Mullen Neal Parks Pinckney Scott Webb Wilkes
Those who voted in the negative are:
Allison Altman Barrett Battle Bauer Beck Brown, H. Brown, T. Campsen Canty Carnell Cato Chellis Cooper Dantzler Davenport Delleney Edge Felder Gamble Gourdine Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McKay McLeod McMaster Meacham Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Bauer Beck Brown, H. Campsen Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Felder Gamble Govan Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McKay McLeod McMaster Meacham Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Cobb-Hunter Cotty Cromer Gourdine Hamilton Harvin Hines, M. Howard Jordan Kennedy Lee Lloyd Mack Maddox McMahand Moody-Lawrence Mullen Neal Parks Pinckney Scott Smith, F. Webb Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
I would have voted in favor of H. 3341 had I been present.
Rep. DONNY WILDER
Rep. HARRELL moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., April 3, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Mescher, Williams and Rose of the Committee of Conference on the part of the Senate on S. 461:
S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.
Very respectfully,
President
Received as information.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3821 -- Reps. J. Smith, Cobb-Hunter, Byrd, Hodges, Inabinett and Pinckney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15 SO AS TO PROVIDE FOR THE ENACTMENT OF A LAW OR CONSTITUTIONAL AMENDMENT INITIATED BY A PETITION SIGNED BY NO FEWER THAN TEN PERCENT OF THE QUALIFIED ELECTORS ELIGIBLE TO VOTE AT THE LAST GENERAL ELECTION FOLLOWED BY A MAJORITY VOTE IN FAVOR OF THE PROPOSED LAW OR CONSTITUTIONAL AMENDMENT AND TO PROVIDE THAT THE GENERAL ASSEMBLY MAY BY LAW PRESCRIBE ADDITIONAL REQUIREMENTS FOR AN INITIATIVE PETITION IF THE ADDED REQUIREMENTS ARE CONSISTENT WITH THIS SECTION.
Referred to Committee on Judiciary.
H. 3822 -- Reps. J. Smith, Hodges, Cromer, Whipper and Pinckney: A BILL TO AMEND SECTION 37-2-104, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "CONSUMER CREDIT SALE", SO AS TO INCLUDE A SALE OF AN INTEREST IN LAND IF THE DEBT IS SECURED BY A FIRST LIEN ON LAND; TO AMEND SECTION 37-3-104, AS AMENDED, RELATING TO THE DEFINITION OF "CONSUMER LOAN", SO AS TO INCLUDE A LOAN SECURED BY A FIRST LIEN ON LAND; TO REPEAL SECTION 37-3-105, RELATING TO THE EXCLUSION FROM TITLE 37, THE CONSUMER PROTECTION CODE, OF A LOAN SECURED BY A FIRST LIEN ON LAND.
Referred to Committee on Labor, Commerce and Industry.
H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3824 -- Rep. J. Smith: A BILL TO AMEND SECTION 12-8-570, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF A PERCENTAGE OF A TRUST OR ESTATE DISTRIBUTION TO A NONRESIDENT BENEFICIARY, SO AS TO PROVIDE FOR AN EXEMPTION FOR A NONRESIDENT BENEFICIARY WHO CONSENTS TO PERSONAL JURISDICTION OF THIS STATE FOR DETERMINATION AND COLLECTION OF THIS STATE'S INCOME TAX.
Referred to Committee on Judiciary.
H. 3825 -- Reps. J. Smith, Pinckney, Cobb-Hunter, Hodges, Neal, Harrell and Cromer: A BILL TO AMEND SECTION 20-3-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INJUNCTIONS IN DIVORCE SUITS, SO AS TO PERMIT COURTS OF COMPETENT JURISDICTION TO PROVIDE FOR THE ARREST, OR DETENTION UPON REASONABLE SUSPICION, OF PERSONS VIOLATING OR THREATENING VIOLATION OF INJUNCTIONS PROTECTING PARTIES FROM INTERFERENCE, MOLESTATION, OR HARM, AND TO PROVIDE FOR PROSECUTION OF ACTS, OMISSIONS, AND CONDUCT OF A PERSON IN VIOLATION OF INJUNCTIONS THAT ALSO VIOLATE THE CRIMINAL OR PENAL LAWS OF THIS STATE, TO PROVIDE FOR TRANSFER OF JURISDICTION OF THOSE VIOLATIONS OF INJUNCTIONS THAT ALSO VIOLATE THE CRIMINAL LAW OF THIS STATE TO COURTS OF COMPETENT CRIMINAL JURISDICTION FOR PROSECUTION, AND TO PROVIDE FOR PUNISHMENT FOR CONTEMPT THAT MAY BE IMPOSED BY THE COURT ISSUING THE INJUNCTION SO LONG AS NO PERSON SHALL BE SUBJECT FOR THE SAME OFFENSE TO BE TWICE PUT IN JEOPARDY; TO AMEND SECTION 16-3-1700, RELATING TO THE DEFINITION OF HARASSMENT, SO AS TO INCLUDE THE VIOLATION OF FAMILY COURT INJUNCTIONS ISSUED UNDER THE AUTHORITY OF SECTION 20-3-110 WITHIN THE DEFINITION OF HARASSMENT, AND TO PROVIDE THAT HARASSMENT DOES NOT INCLUDE LICENSED PRIVATE DETECTIVES PERFORMING AUTHORIZED DUTIES IN A LAWFUL MANNER; TO AMEND SECTION 16-3-1750, RELATING TO JURISDICTION FOR ACTIONS SEEKING RESTRAINING ORDERS AGAINST PERSONS ENGAGING IN HARASSMENT, SO AS TO PROVIDE MAGISTRATE'S COURTS WITH CONCURRENT JURISDICTION TO RESTRAIN CONDUCT IN VIOLATION OF EXISTING INJUNCTIONS ISSUED BY FAMILY COURTS UNDER THE AUTHORITY OF SECTION 20-3-110; TO AMEND SECTION 16-3-1760, RELATING TO TEMPORARY RESTRAINING ORDERS THAT MAY BE GRANTED BY MAGISTRATES' COURTS WITHOUT NOTICE, SO AS TO PROVIDE THAT PROOF OF THE VIOLATION OF PROVISIONS OF AN EXISTING FAMILY COURT INJUNCTION ISSUED UNDER THE AUTHORITY OF SECTION 20-3-110 CONSTITUTES GOOD CAUSE FOR A MAGISTRATE'S COURT TO ISSUE A TEMPORARY RESTRAINING ORDER WITHOUT NOTICE; TO AMEND SECTION 16-3-1770, RELATING TO THE FORM AND CONTENT OF TEMPORARY RESTRAINING ORDERS, SO AS TO PROVIDE FOR THE FORM AND CONTENT OF TEMPORARY RESTRAINING ORDERS REQUIRING A PERSON TO REFRAIN FROM VIOLATING AN EXISTING INJUNCTION ISSUED BY A FAMILY COURT UNDER SECTION 20-3-110, AND TO REQUIRE MAGISTRATES ISSUING SUCH RESTRAINING ORDERS TO REPORT THEIR ACTIONS TO THE FAMILY COURT ISSUING THE PRIOR INJUNCTION; AND BY ADDING SECTION 16-3-1850 SO AS TO PRESERVE THE JURISDICTION OF FAMILY COURTS TO PUNISH VIOLATORS AND TO OTHERWISE ENFORCE INJUNCTIONS ISSUED BY THE FAMILY COURTS, AND TO PROVIDE FOR PROSECUTION OF CRIMINAL OFFENSES WITHIN THE JURISDICTION OF MAGISTRATE'S COURTS THAT ALSO CONSTITUTE VIOLATIONS OF CERTAIN PROVISIONS OF FAMILY COURT INJUNCTIONS PROVIDED NO PERSON SHALL BE SUBJECT FOR THE SAME OFFENSE TO BE TWICE PUT IN JEOPARDY.
Referred to Committee on Judiciary.
H. 3826 -- Reps. J. Smith, Pinckney, Hodges and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-25 SO AS TO REQUIRE APPROPRIATIONS BY THE GENERAL ASSEMBLY TO VETERANS' ORGANIZATIONS TO INCLUDE AN APPROPRIATION IN A LIKE AMOUNT AND UNDER THE SAME TERMS AND CONDITIONS TO THE VIETNAM VETERANS OF AMERICA, INC., AND TO REQUIRE THIS APPROPRIATION TO BE IN ADDITION TO FUNDS PREVIOUSLY APPROPRIATED FOR VETERANS' ORGANIZATIONS.
Referred to Committee on Ways and Means.
H. 3827 -- Reps. Harrell, R. Smith, Whatley, H. Brown, Allison and Limehouse: A BILL TO AMEND SECTION 11-27-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS SUBJECT TO CONSTITUTIONAL DEBT LIMITS, SO AS TO EXEMPT FROM THE CONSTITUTIONAL DEBT LIMITATION REVENUE DERIVED BY GOVERNMENTAL ENTITIES FROM ACTIVITY OTHER THAN THE EXERCISE OF THE POWER OF AD VALOREM TAXATION.
Referred to Committee on Ways and Means.
H. 3828 -- Reps. Harrell, R. Smith, Whatley, H. Brown, Limehouse, Altman, Boan, Wilkins, Campsen and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-101 SO AS TO PROVIDE THAT PUBLIC AND NONPUBLIC HIGH SCHOOL GRADUATES OF THIS STATE WHO MEET CERTAIN SPECIFIED CRITERIA SHALL RECEIVE A SUPERIOR ACADEMIC ACHIEVEMENT HIGH SCHOOL DIPLOMA, AND ALSO SHALL RECEIVE A FIVE HUNDRED DOLLAR SCHOLARSHIP TO ATTEND ANY STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE.
Referred to Committee on Education and Public Works.
H. 3829 -- Reps. Harrell, Altman, Cobb-Hunter, Breeland, H. Brown, Kirsh, Scott, Campsen, Townsend, J. Smith, Boan, Harrison, R. Smith, Limehouse, Littlejohn, Whatley, Wilkins, Hodges, Allison, Witherspoon and Lanford: A BILL TO AMEND SECTIONS 58-25-30, AS AMENDED, 58-25-35, 58-25-40, AS AMENDED, AND 58-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CHANGE REFERENCES TO "CITIES" TO "MUNICIPALITIES".
Referred to Committee on Education and Public Works.
H. 3830 -- Rep. J. Smith: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO ADD THE DEFINITION OF "PRIZE PROMOTION", TO PROVIDE THAT ANY TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION.
Referred to Committee on Labor, Commerce and Industry.
Rep. H. BROWN made a statement relative to Bond Bill which was passed on Wednesday.
The motion period was dispensed with on motion of Rep. FELDER.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3805 -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE FAMILY OF SFC GERALD S. AND MIRIAM A. HANKS OF ANDERSON COUNTY FOR THEIR SELECTION AS THE FAMILY OF THE YEAR FOR 1996 BY THE SOUTH CAROLINA ARMY NATIONAL GUARD.
H. 3806 -- Reps. Limehouse and Lloyd: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING TRANSPORTATION MANAGEMENT SERVICES, INC. (TMSI) FOR ITS EXEMPLARY SERVICE AND PARTNERSHIP WITH THE GOVERNMENT AND CITIZENS OF THE STATE OF SOUTH CAROLINA IN SETTING THE STANDARD OF EXCELLENCE FOR THE STATE'S TRANSPORTATION INDUSTRY.
H. 3816 -- Reps. Bailey and Rhoad: A CONCURRENT RESOLUTION SALUTING ROBERT ABLE SMITH, GENERAL MANAGER OF EDISTO ELECTRIC COOPERATIVE IN BAMBERG, FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE CO-OP AND THE PEOPLE OF SOUTH CAROLINA AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
At 12:05 P.M. the House in accordance with the motion of Rep. EASTERDAY adjourned in memory of Greg Horton of Simpsonville, to meet at 10:00 A.M. tomorrow.
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