Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, in Whom our forefathers trusted, we thank You for our Nation, born amid suffering, nourished in freedom and built upon faith in God. Enable us to rejoice in our day in precious memories and bright hopes. Grant to every American a sense of civic responsibility. Hold us firmly to all that is right and good and true. Make sacred our stewardship of power and wealth, that both may be honorably acquired and worthily used. Make of us a part of pure religion and refined patriotism. Quicken our love for this great Country that beyond the events of this day She remain "one Nation, under God."
Thank You, Lord, for this privilege of prayer. 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. YOUNG moved that when the House adjourns, it adjourn in memory of Louise D. Baker of Sumter, which was agreed to.
The following was received.
Document No. 2033
Promulgated By Department of Health and Human Services
Definitions and Appeal Procedure
Received By Speaker April 4, 1996
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Period Expiration Date REVISED: February 20, 1997
Committee requested withdrawal January 30, 1997
Withdrawn and resubmitted January 31, 1997
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 244 -- Senator McGill: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES FISH AND WILDLIFE SERVICES AND THE CAPE ROMAIN NATIONAL WILDLIFE REFUGE KEEP THE SOUTH CAROLINA SENATE FISH, GAME, AND FORESTRY COMMITTEE AND THE AGRICULTURE AND NATIONAL RESOURCES COMMITTEE OF THE HOUSE OF REPRESENTATIVES ABREAST OF ALL ACTIVITIES RELATING TO THE PROPOSED CREATION OF A NATIONAL WILDLIFE REFUGE IN GEORGETOWN, HORRY, AND MARION COUNTIES, NORTH OF WINYAH BAY.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3160 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, Reps. KIRSH and CANTY, for the minority, submitted an unfavorable report, on:
H. 3272 -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Neilson, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill and Wilkes: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3119 -- Rep. Klauber: A BILL TO AMEND SECTION 8-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES IN THE NATIONAL GUARD OR RESERVE MILITARY FORCES, SO AS TO PROVIDE THAT THE TERMS "WORK DAY" AND "DAY" IN REGARD TO THESE LEAVES OF ABSENCE CONSIST OF A SPECIFIED NUMBER OF HOURS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3253 -- Reps. Klauber and Hawkins: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD TO ACTIVE DUTY, SUBJECT TO CONSENT AND AVAILABLE FUNDING.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3243 -- Reps. Sharpe and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTIONS 48-20-160 AND 48-20-220, RELATING TO PENALTIES FOR VIOLATIONS OF MINING PERMITS, SO AS TO PROVIDE FOR CIVIL PENALTIES FOR NONCOMPLIANCE WITH THE GENERAL PERMIT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3086 -- Reps. Davenport, Cotty, Walker, Altman, Whatley, Sandifer, Vaughn, Wilkes, Stuart, Harrell, Riser, Gamble and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROVIDE THAT THERE IS NO LIABILITY FOR DAMAGES OR INJURY SUSTAINED BY A PERSON WHO HAS COMMITTED A FELONY WHEN THE PERSON IS INJURED OR DIES FROM INJURIES SUSTAINED WHILE COMMITTING THE CRIME.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3089 -- Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty, Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach, Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker, Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3153 -- Reps. Simrill and Haskins: A BILL TO AMEND SECTION 44-77-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABSENCE OF A DECLARATION OF A DESIRE FOR A NATURAL DEATH NOT CREATING A PRESUMPTION AS TO INTENT TO CONSENT TO OR REFUSE "DEATH-PROLONGING" PROCEDURES, SO AS TO CHANGE THIS TERM TO "LIFE-SUSTAINING" PROCEDURES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3157 -- Reps. Wilkins, Haskins, Cato, Harrison, Meacham, Sharpe, D. Smith, Vaughn, Allison, Bailey, Barfield, Barrett, Bauer, Baxley, Beck, Campsen, Chellis, Cotty, Cromer, Davenport, Felder, Gamble, Harrell, J. Harris, Hinson, Jordan, Kelley, Keegan, Kinon, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Mason, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, R. Smith, Knotts, Webb, Limehouse, Whatley and Hawkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT NO MEMBER OF THE HOUSE MAY SERVE MORE THAN SIX COMPLETE TERMS, TO PROVIDE THAT FOR THOSE HOUSE MEMBERS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERM STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, AND TO PROVIDE THAT FOR THOSE MEMBERS ELECTED AFTER 1996, WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996; PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT NO MEMBER OF THE SENATE MAY SERVE MORE THAN THREE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE SENATORS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, TO PROVIDE THAT FOR THOSE SENATORS ELECTED AFTER 1996 WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT NO CONSTITUTIONAL OFFICER MAY SERVE MORE THAN THREE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED IN THE 1998 ELECTION WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING IN JANUARY, 1999, AND TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED AFTER 1998 WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THE LIMITATION BEGINS WITH THE TERM THE CONSTITUTIONAL OFFICER FIRST SERVES AFTER 1998.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3215 -- Reps. Simrill and Meacham: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION OUTSIDE THE TOWN'S OR CITY'S CORPORATE LIMITS WHEN IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE OFFICER'S JURISDICTION FROM A THREE-MILE RADIUS OF THE TOWN'S OR CITY'S CORPORATE LIMITS TO COUNTYWIDE JURISDICTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3230 -- Rep. Simrill: A BILL TO AMEND SECTION 33-56-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR A WILFUL VIOLATION OF CERTAIN PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
On motion of Rep. SHARPE, with unanimous consent, the following was taken up for immediate consideration:
H. 3362 -- Reps. Sharpe, T. Brown, Carnell, Stoddard, Koon, Rhoad, Riser, Witherspoon, Barfield and G. Brown: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT AND ENCOURAGE THESE STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 15-22, 1997.
Whereas, the FFA organization, formerly known as the Future Farmers of America, is a national organization of high school, technical college, and university students enrolled in natural, environmental, and agricultural resources education courses; and
Whereas, through participation in FFA activities, these young men and women, ages 12-21, begin preparing for careers in natural, environmental, and agricultural fields; and
Whereas, the FFA organization is dedicated to making a positive difference in the lives of young people by developing their potential for premier leadership, personal growth, and career success through natural, environmental, and agricultural resources education at the local, state, and national level; and
Whereas, with the increasing population and growing demand for highly trained and qualified people in the natural, environmental, and
agricultural resources industry, almost ten percent of today's professional positions in these areas go unfilled simply because there are more positions than there are people who understand agriculture; and
Whereas, nationally, seventy-five percent of the FFA members enroll in a two-year or four-year higher education degree program following graduation from high school in preparation for one of the more than 200 career opportunities which include more than 8,000 job titles; and
Whereas, corporate leaders in America believe so strongly in the proven success of qualified training through FFA that they jointly contribute more than six million dollars annually to the National FFA Organization, and more than one million, two hundred thousand dollars in higher education scholarships are awarded FFA members nationally each year; and
Whereas, the FFA motto, "Learning to Do, Doing to Learn, Earning to Live, and Living to Serve", epitomizes those high standards and qualities of leadership possessed by FFA members; and
Whereas, the theme for the National Celebration of FAA Week, February 15-22, 1997, "Leaders With a Vision", underscores the value and importance of this outstanding youth organization; and
Whereas, the FFA Organization and the natural, environmental, and agricultural resource education programs in South Carolina are tremendously successful and extremely valuable in improving the quality of life for many South Carolinians. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly hereby commends South Carolina's FFA members, their advisors, school administrators, parents, and all who support and encourage these students of natural, environmental, and agricultural resources education on the occasion of the celebration of National FFA Week, February 15-22, 1997.
Be it further resolved, that a copy of this resolution be forwarded to the appropriate South Carolina FFA Officials.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3363 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE TRADITIONAL FAMILY UNIT AS THE CORNERSTONE FOR FAMILY LIFE IN SOUTH CAROLINA AND TO RELY UPON THE TRADITIONAL FAMILY UNIT IN SHAPING PUBLIC POLICY IN THE STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 311 -- Senators McConnell, Passailaigue, Courtney, Patterson, Jackson, Matthews, Hayes, Reese and Rose: A CONCURRENT RESOLUTION PROVIDING FOR IMMEDIATE NOTIFICATION TO THE SENATE BANKING AND INSURANCE COMMITTEE, THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE, AND THE PROCUREMENT REVIEW PANEL OF CERTAIN LOSSES OF THE SOUTH CAROLINA REINSURANCE FACILITY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 313 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. HOLLAND CARTER BRELAND OF WEST COLUMBIA UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 314 -- Senator Jackson: A CONCURRENT RESOLUTION COMMENDING BERNICE G. SCOTT OF RICHLAND COUNTY FOR HER MANY CONTRIBUTIONS TO HER COMMUNITY AND FOR HER UNTIRING EFFORTS TO ESTABLISH GOOD GOVERNMENT AT THE LOCAL LEVEL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3364 -- Reps. Spearman, Lee, Allison, Byrd, Cobb-Hunter, Gamble, Hinson, Martin, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Parks, Rodgers, Seithel and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING OUR DISTINGUISHED COLLEAGUE, THE HONORABLE ELSIE RAST STUART, ON HER ELECTION AS PRESIDENT OF THE NATIONAL ORDER OF WOMEN LEGISLATORS.
Whereas, the Honorable Elsie Rast Stuart, our distinguished colleague in the House of Representatives, has been elected as President of the National Order of Women Legislators; and
Whereas, Representative Stuart is to be sworn in to this prestigious office on February 28, 1997, at the National Press Club in Washington, D.C.; and
Whereas, the National Order of Women Legislators is a bipartisan group of women legislators from across the United States whose goals are to promote networking among members and advance issues of common interest and of importance to the states and the nation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, congratulate our distinguished colleague, the Honorable Elsie Rast Stuart, on her election as President of the National Order of Women Legislators.
Be it further resolved that a copy of this resolution be forwarded to Representative Stuart.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3365 -- Reps. Cotty and Howard: A BILL TO AMEND SECTION 59-29-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THIS STATE AND EXCEPTIONS FOR STUDENTS ENROLLED IN A ROTC PROGRAM, SO AS TO PROVIDE THAT TWO YEARS OF ROTC FOR HIGH SCHOOL STUDENTS SHALL BE CONSIDERED TO BE EQUIVALENT TO THE REQUIRED PHYSICAL EDUCATION INSTRUCTION, AND TO PROVIDE THAT TWO YEARS' PARTICIPATION BY HIGH SCHOOL STUDENTS IN CERTAIN OTHER ACTIVITIES SHALL ALSO BE DEEMED TO BE EQUIVALENT TO THE REQUIRED PHYSICAL EDUCATION INSTRUCTION.
Referred to Committee on Education and Public Works.
H. 3366 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-614 SO AS TO PROVIDE IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR A LAW ENFORCEMENT OFFICER WHO TAKES A CHILD INTO EMERGENCY PHYSICAL CUSTODY OR EMERGENCY PROTECTIVE CUSTODY.
Referred to Committee on Judiciary.
H. 3367 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-247 SO AS TO PROVIDE THAT AN APPOINTED MEMBER OF A COUNTY OR MULTICOUNTY AUTHORITY, BOARD, COUNCIL, COMMISSION, COMMITTEE, OR DISTRICT WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED; TO REQUIRE THE CHAIRMAN TO IMMEDIATELY NOTIFY THE APPOINTING AUTHORITY OF THE VACANCY; AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
Referred to Committee on Judiciary.
H. 3368 -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO CREATE A BOARD OF BOILER AND PRESSURE VESSEL RULES TO SERVE WITHOUT SALARY AND TO FORMULATE AND PROMULGATE RULES AND REGULATIONS FOR THE SAFE CONSTRUCTION, INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF BOILERS AND PRESSURE VESSELS, NUCLEAR POWER SYSTEMS, AND POWER AND PROCESS PIPING SYSTEMS; TO PROVIDE FOR THE ENFORCEMENT OF THE RULES AND REGULATIONS PROMULGATED BY THE BOARD; TO PROVIDE FOR THE EXAMINATION AND APPOINTMENT OF BOILER AND PRESSURE VESSEL INSPECTORS; TO PROVIDE FOR THE INSPECTION OF BOILERS AND PRESSURE VESSELS, FEES TO BE CHARGED, AND REPORTS TO BE MADE; TO PROVIDE FOR INSPECTION CERTIFICATES; TO PROVIDE FOR APPEALS; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3369 -- Reps. Easterday, Meacham, Barrett, Quinn, Seithel, Sandifer, Bailey, Woodrum, Beck, Mason, Haskins, R. Smith, Vaughn, Rice, Walker, Cotty, Stille, Whatley, Loftis, Littlejohn, Martin, Moody-Lawrence, Riser, H. Brown, Byrd, Kirsh, Young-Brickell, Whipper, Battle, Tripp and Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-105 SO AS TO PROVIDE THAT AN UNDERAGE PERSON WHO PURCHASES OR POSSESSES BEER, ALE, PORTER, WINE, OR OTHER SIMILAR MALT OR FERMENTED BEVERAGE AS AN UNDERCOVER AGENT FOR A STATE OR LOCAL LAW ENFORCEMENT AGENCY MUST NOT BE CHARGED WITH THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, ALE, PORTER, WINE, OR OTHER SIMILAR MALT OR FERMENTED BEVERAGE.
Referred to Committee on Judiciary.
H. 3370 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3371 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SCHOOL SUPERINTENDENT QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1937, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3372 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DISTRIBUTION OF LUNCHROOM DUTY TIME FOR TEACHERS, GRADES 1-6, DESIGNATED AS REGULATION DOCUMENT NUMBER 1949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3373 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCELERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3374 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SCHOOL ADMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1974, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3375 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROPRIETARY SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1979, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3376 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3377 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1987, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3378 -- Reps. McLeod, Townsend, Harrison, Jennings, J. Brown, Wilder and Hodges: A BILL TO AMEND SECTIONS 9-1-1510, AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-FIVE THE YEARS OF CREDITABLE SERVICE TO RETIRE AT ANY AGE WITHOUT PENALTY; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE BOTH EMPLOYER AND EMPLOYEE CONTRIBUTIONS IN AN AMOUNT SUFFICIENT TO OFFSET THE INCREASED ACTUARIAL COST OF THESE PROVISIONS WITH NOT LESS THAN SEVENTEEN PERCENT OF THE TOTAL INCREASE TO BE PAID BY EMPLOYERS; AND TO REPEAL SECTIONS 9-1-1515 AND 9-1-1850, RELATING TO OTHER EARLY RETIREMENT PROVISIONS MADE OBSOLETE BY THIS ACT.
Referred to Committee on Ways and Means.
H. 3379 -- Rep. Haskins: A BILL TO AMEND TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ENACT THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT WHICH PERMITS A PERSON TO REGISTER A SECURITY IN BENEFICIARY FORM INDICATING HIMSELF AS THE PRESENT OWNER WITH A DESIGNATION OF A BENEFICIARY TO TAKE OWNERSHIP AT HIS DEATH.
Referred to Committee on Judiciary.
H. 3380 -- Reps. Rice and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO REQUIRE WRITTEN NOTICE TO TRANSFEREES OF REAL PROPERTY CLASSIFIED AS AGRICULTURAL REAL PROPERTY OF POTENTIAL ROLLBACK TAX LIABILITY, TO PROVIDE THE TIME AND FORM OF THE NOTICE AND THOSE PERSONS RESPONSIBLE FOR ENSURING THAT THIS NOTICE IS PROVIDED, AND TO PROVIDE THAT NONCOMPLIANCE WITH THIS NOTICE REQUIREMENT DOES NOT AFFECT THE VALIDITY OF ANY TRANSACTION.
Referred to Committee on Ways and Means.
H. 3381 -- Reps. Robinson, Limehouse, Knotts, Neilson, Meacham, Cato, Keegan, Kelley, Trotter, Webb, Sandifer, Riser, Barrett, Gamble, Mason, Koon and Rice: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
Referred to Committee on Labor, Commerce and Industry.
H. 3382 -- Reps. Robinson, Cromer, Barrett, Neal, Kirsh, Sandifer, Harrison, Limbaugh, D. Smith, Meacham and Trotter: A BILL TO AMEND SECTION 12-21-2710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE POSSESSION OF CERTAIN TYPES OF GAMING OR SLOT MACHINES, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANTIQUE SLOT MACHINES MADE BEFORE JANUARY 1, 1965, WHICH ARE KEPT BY THE OWNER THEREOF IN HIS PRINCIPAL RESIDENCE AND NOT USED FOR COMMERCIAL OR GAMING PURPOSES.
Referred to Committee on Judiciary.
H. 3383 -- Reps. Robinson, Cotty, Inabinett, Lloyd, Whipper, Campsen, Trotter, Sandifer, Klauber, Altman and Beck: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO PROVIDE FOR THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.
Referred to Committee on Judiciary.
H. 3384 -- Reps. Robinson, Kirsh, Meacham and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-181 SO AS TO PROHIBIT THE NAMING OF PUBLIC PROPERTY PURCHASED OR CONSTRUCTED WITH STATE FUNDS OR OWNED BY THE STATE FOR A LIVING PERSON OR A PERSON WHO HAS BEEN DECEASED FOR LESS THAN ONE YEAR.
Referred to Committee on Ways and Means.
H. 3385 -- Reps. McLeod, Stoddard and Wilder: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT NO MEMBER OF THE HOUSE MAY SERVE MORE THAN SIX CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE HOUSE MEMBERS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, AND TO PROVIDE THAT FOR THOSE MEMBERS ELECTED AFTER 1996, WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996; PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT NO MEMBER OF THE SENATE MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE SENATORS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, TO PROVIDE THAT FOR THOSE SENATORS ELECTED AFTER 1996 WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT NO CONSTITUTIONAL OFFICER MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED IN THE 1998 ELECTION WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING IN JANUARY, 1999, AND TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED AFTER 1998 WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THE LIMITATION BEGINS WITH THE TERM THE CONSTITUTIONAL OFFICER FIRST SERVES AFTER 1998.
Referred to Committee on Judiciary.
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.
Referred to Committee on Judiciary.
S. 38 -- Senators Land and Giese: A BILL TO AMEND SECTION 23-6-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE HIGHWAY PATROL DIVISION, AND STATE POLICE DIVISION AND THEIR DISTINCTIVE UNIFORMS AND EMBLEMS, SO AS TO REQUIRE THE HIGHWAY PATROL DIVISION TO TRANSFER THE SERVICE REVOLVER OF AN ACTIVE DUTY TROOPER KILLED IN THE LINE OF DUTY TO HIS SURVIVING SPOUSE AT NO CHARGE UPON REQUEST ONCE THE REVOLVER HAS BEEN RENDERED INOPERABLE.
Referred to Committee on Education and Public Works.
S. 45 -- Senators Leventis, Waldrep, Rose, Ford and Holland: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A FIRST OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT SECOND AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.
Referred to Committee on Judiciary.
S. 61 -- Senator Holland: A BILL TO DISSOLVE THE COMMITTEE APPOINTED TO STUDY MANDATORY MINIMUM AND ALTERNATIVE SENTENCES CREATED BY THE CRIME BILL OF 1995.
Referred to Committee on Judiciary.
S. 76 -- Senator Holland: A BILL RATIFYING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Referred to Committee on Judiciary.
S. 78 -- Senator Holland: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE DOMESTIC CORPORATION; TO AMEND SECTION 33-15-106, AS AMENDED, RELATING TO CORPORATE NAMES OF FOREIGN CORPORATIONS, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE FOREIGN CORPORATION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-41-315, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE PARTNERSHIP; AND BY ADDING SECTION 39-5-37, SO AS TO DESIGNATE THE USE OF AN ASSUMED OR FICTITIOUS NAME TO INTENTIONALLY MISREPRESENT THE GEOGRAPHIC ORIGIN OR LOCATION OF ANY PERSON OR BUSINESS ENTITY AS AN UNLAWFUL TRADE PRACTICE.
Referred to Committee on Judiciary.
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.
Referred to Committee on Education and Public Works.
S. 287 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-74-90; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE HEALTH INSURANCE POOL; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR POOL COVERAGE; AND SECTION 38-74-60, AS AMENDED, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, ALL SO AS TO MAKE THE POOL AN ACCEPTABLE ALTERNATIVE MECHANISM UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND TO INCREASE THE AGGREGATE BENEFIT LIMIT, DELETE THE EXCLUSION OF INDIVIDUALS DIAGNOSED AS BEING INFECTED WITH AIDS, REDUCE THE PREMIUM CAP ON CERTAIN ASSESSMENTS, ALLOW FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO ENTER THE POOL WITHOUT SATISFYING CURRENT ELIGIBILITY REQUIREMENTS, REDUCE THE RESIDENCY REQUIREMENT, REQUIRE FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO BE RESIDENTS, ENSURE THAT THE PREEXISTING CONDITION EXCLUSION IS NOT APPLIED TO FEDERALLY DEFINED ELIGIBLE INDIVIDUALS, REMOVE THE PROVISIONS ALLOWING EXTRA CHARGES WHERE A PREEXISTING CONDITION EXCLUSION IS WAIVED, AND ENSURE THAT FEDERALLY DEFINED ELIGIBLE INDIVIDUALS ARE PROVIDED A CHOICE OF COVERAGE.
Referred to Committee on Labor, Commerce and Industry.
S. 288 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-45, TO AMEND ARTICLE 3, CHAPTER 71, TITLE 38, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES BY ADDING SUBARTICLE 7; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 2; TO AMEND SECTION 38-71-135, RELATING TO MINIMUM POSTPARTUM HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS, TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND RENEWAL POLICIES FOR ACCIDENT AND HEALTH INSURANCE; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT AND HEALTH POLICIES; TO AMEND SECTION 38-71-737, RELATING TO REQUIREMENTS OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-960, RELATING TO REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIAL FOR SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-1330, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY; TO AMEND SECTION 38-71-1360, RELATING TO THE REQUIREMENT THAT INSURERS MARKET TWO PLANS FOR SMALL EMPLOYERS; TO AMEND SECTION 38-71-1370, RELATING TO THE APPLICABILITY OF CERTAIN CODE SECTIONS TO INSURANCE PLANS REQUIRED TO BE OFFERED BY SMALL EMPLOYER INSURERS AND PREEXISTING CONDITION COVERAGE FOR LATE ENROLLEES; TO AMEND SECTION 38-71-1410 RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO AMEND SECTION 38-71-1440, RELATING TO REQUIREMENTS FOR SMALL EMPLOYER INSURERS, ALL SO AS TO COMPLY WITH CERTAIN REQUIREMENTS OF THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, INCLUDING GUARANTEED AVAILABILITY IN THE SMALL GROUP MARKET, GUARANTEED RENEWABILITY IN THE LARGE GROUP MARKET, THE SMALL GROUP MARKET, THE INDIVIDUAL MARKET, AND FOR MULTIPLE EMPLOYER WELFARE ARRANGEMENTS; REVISIONS TO REQUIRED HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS; EQUALITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS, ANTIDISCRIMINATION REQUIREMENTS IN THE LARGE AND SMALL GROUP MARKETS, AND LIMITATIONS ON PREEXISTING CONDITION EXCLUSIONS IN THE LARGE AND SMALL GROUP MARKETS; AND TO REPEAL SECTION 38-71-950, RELATING TO RENEWABILITY AND NOTICE OF NONRENEWAL OF SMALL GROUP HEALTH INSURANCE.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 3386 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION CONGRATULATING BILL FENTERS OF CLARENDON COUNTY ON BEING SELECTED AS POTENTATE OF OMAR SHRINE TEMPLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3387 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE D. LESLIE TINDAL, STATE COMMISSIONER OF AGRICULTURE, ON BEING CHOSEN PRESIDENT-ELECT OF THE NATIONAL ASSOCIATION OF STATE DEPARTMENTS OF AGRICULTURE (NASDA).
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3388 -- Rep. Rice: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF US HIGHWAY 25 AND US HIGHWAY 123 IN GREENVILLE COUNTY IN HONOR OF THE LATE DR. HAROLD B. SIGHTLER, DISTINGUISHED PASTOR OF THE TABERNACLE BAPTIST CHURCH IN GREENVILLE FOR OVER FORTY YEARS.
The Concurrent Resolution was ordered referred to Committee on Invitations and Memorial Resolutions.
Rep. YOUNG and the Sumter Delegation presented to the House the Sumter High School Boys Cross Country Track Team, winners of the Class AAAA-State Championship, their coaches and school officials.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker 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 Wednesday, February 5.
Richard M. Quinn, Jr. Michael E. Easterday
LEAVES OF ABSENCE
The SPEAKER granted Rep. J. HINES a leave of absence for the day due to the death of his mother.
The SPEAKER granted Rep. WITHERSPOON a leave of absence for the remainder of the day.
Announcement was made that Dr. Julius Leary of Greenwood is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3277 -- Reps. Stuart, Felder and Govan: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF ORANGEBURG COUNTY SCHOOL DISTRICTS, SO AS TO PROHIBIT THE ISSUING OF GENERAL OBLIGATION BONDS AND THE CONDUCTING OF ANY REFERENDUM NECESSARY TO ISSUE BONDS BY ANY SCHOOL DISTRICT IN ORANGEBURG COUNTY BEFORE JULY 1, 1997.
H. 3339 -- Reps. Bauer and Riser: A BILL TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.
H. 3254 -- Reps. Boan and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE AN ALTERNATE METHOD FOR THE REDUCTION OF THE CORPORATE LIMITS WHEN THE AREA IS OWNED BY A MUNICIPALITY OR COUNTY.
H. 3039 -- Reps. Cato, Seithel, Haskins and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-33-320 SO AS TO PROVIDE THAT, TO THE EXTENT THAT A HEALTH BENEFIT PLAN OR HEALTH INSURER REQUIRES ENROLLEES TO RECEIVE HEALTH SERVICES THROUGH A NETWORK OF CONTRACTED PROVIDERS, THE PROVISIONS OF THESE CONTRACTS DO NOT LIMIT THE CONTRACT PROVIDER'S ABILITY TO DISCUSS WITH AN ENROLLEE THE TREATMENT OPTIONS AVAILABLE TO THE ENROLLEE, RISKS ASSOCIATED WITH THE TREATMENTS, OR A RECOMMENDED COURSE OF TREATMENT OR LEGAL OBLIGATIONS TO INDIVIDUAL PATIENTS AS SPECIFIED UNDER THE PROVIDER'S PROFESSIONAL LICENSE, AND PROVIDE FOR RELATED MATTERS.
H. 3257 -- Reps. Kelley and Keegan: A BILL TO AMEND SECTION 38-79-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICY FORMS, PROVISIONS, AND RATES; SECTION 38-79-260, AS AMENDED, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION; AND SECTION 38-79-430, AS AMENDED, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO REMOVE THE INVOLVEMENT OF THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE IN THE ASSOCIATION AND THE FUND; AND TO REPEAL SECTION 38-79-270 RELATING TO APPEALS OF ACTIONS OF THE STATE MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION.
H. 3158 -- Reps. Young-Brickell, Meacham and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD FOR STATE GOVERNMENT, PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS OF THE BOARD, AND DEFINE PRIVATIZATION AS AN ACTION BY A STATE AGENCY TO CONTRACT WITH THE PRIVATE SECTOR OR WITH ANOTHER STATE AGENCY TO PERFORM FUNCTIONS OR SERVICES CURRENTLY BEING PERFORMED BY IT.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3169 -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.
Rep. LAW explained the Bill.
H. 3176 -- Reps. Felder and Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO UNIVERSITY OF SOUTH CAROLINA ATHLETICS FACILITIES REVENUE BONDS, SO AS TO PROVIDE A DEFINITION OF "NET ATHLETIC REVENUES" AND RESTORE THE DEFINITION REFERRING TO THE STATE BUDGET AND CONTROL BOARD; TO REMOVE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS, AUTHORIZE THEIR USE FOR REFUNDING OF EARLIER ISSUES, AND MAKE THESE BONDS PAYABLE FROM ADMISSION FEES, SPECIAL STUDENT FEES, AND NET ATHLETIC REVENUES; TO DELETE PROVISIONS RELATED TO ADVERTISING OF ISSUES, TO PROVIDE THAT EXISTING FEES MUST BE SET AFTER THE CONSIDERATION OF NET ATHLETIC REVENUES, TO CONFORM USES OF THE BOND REVENUES AND THE SETTING OF FEES TO THE AMENDMENTS PROVIDED IN THIS ACT.
Rep. R. SMITH explained the Bill.
H. 3349 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHARMACY, RELATING TO EXAMINATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2037,
PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TRIPP explained the Joint Resolution.
Reps. F. SMITH and McMAHAND withdrew their objections to the following Bill.
H. 3169 -- Rep. Cato: A BILL TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES.
The Senate amendments to the following Bill were taken up for consideration.
H. 3002 -- Reps. Wilkins, D. Smith, Hawkins, Harrell, Fleming, Maddox, Cromer, Cato, McMaster, Young, Robinson, Haskins, Felder, Campsen, Boan, Limbaugh, Vaughn, Young-Brickell, Witherspoon, Simrill, Bailey, Altman, Meacham, Riser, Harrison, Gamble, Lloyd and Beck: A BILL TO AMEND SECTION 2-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED BEGINNING IN 1994, SO AS TO REVISE CERTAIN OF THESE DISTRICTS, TO PROVIDE THAT A MEMBER OF THE HOUSE SHALL BE ELECTED FROM EACH OF THE ELECTION DISTRICTS SO REVISED AT A SPECIAL ELECTION TO BE CONDUCTED IN NOVEMBER, 1997, TO PROVIDE FOR THE TERM OF OFFICES OF SUCH MEMBERS ELECTED IN 1997, TO ESTABLISH FILING AND ELECTION DATES FOR THESE ELECTIONS, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE ELECTION DISTRICT REVISIONS CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-15, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.
Rep. SHEHEEN made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The motion period was dispensed with on motion of Rep. FELDER.
The following Joint Resolution was taken up.
H. 3143 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Meacham, Sharpe, D. Smith, Townsend, Vaughn, Allison, Altman, Bailey, Barfield, Barrett, Bauer, Beck, Campsen, Chellis, Cotty, Davenport, Delleney, Felder, Gamble, Harrell, Hinson, Jordan, Kelley, Keegan, Kinon, Kirsh, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Martin, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Spearman, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, Knotts, Mason, Limehouse, Hamilton, Whatley and Hawkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 15A SO AS TO REQUIRE THAT A BILL OR RESOLUTION OF THE GENERAL ASSEMBLY IMPOSING OR INCREASING A TAX OR FEE BE SUBMITTED TO A VOTE OF THE ELECTORS OF THE STATE IF THE BILL OR RESOLUTION DOES NOT RECEIVE THE APPROVAL OF TWO-THIRDS OF THE MEMBERSHIP OF THE HOUSE OF REPRESENTATIVES AND TWO-THIRDS OF THE MEMBERSHIP OF THE SENATE; AND TO REQUIRE THAT THE GENERAL ASSEMBLY PROVIDE A PROCEDURE BY WHICH ELECTORS SHALL VOTE IF THE BILL OR RESOLUTION DOES NOT RECEIVE THE REQUIRED TWO-THIRDS VOTE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5340AC.97), which was tabled.
Amend the joint resolution, as and if amended, PAGE 1, LINE 34, AND PAGE 2, LINE 8, BY DELETING /TAX OR FEE/ AND INSERTING /GENERAL TAX/.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. HASKINS moved to table the amendment, which was agreed to.
Reps. WILKINS, HARRISON, LIMBAUGH and D. SMITH proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\2897SD.97), which was adopted.
Amend the joint resolution, as and if amended, in SECTION 1, by striking Section 15A and inserting:
/Section 15A. Any bill or resolution imposing or increasing a general tax may not become law without the approval of two-thirds of the membership elected to the House of Representatives and two-thirds of the membership elected to the Senate./
Amend the resolution further, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article III of the Constitution of this State be amended by adding Section 15A so as to provide that any bill or resolution imposing or increasing a general tax may not become law without the approval of two-thirds of the membership elected to the House of Representatives and two-thirds of the membership elected to the Senate?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
Rep. J. SMITH proposed the following Amendment No. 3 (Doc Name P:\AMEND\JIC\18555DJC.97), which was ruled out of order.
Amend the joint resolution, AS AND IF AMENDED, BY ADDING AT THE END OF SECTION 2:
/SECTION 3. It is proposed that Article XVII of the Constitution of this State be amended by adding:
"Section 15. In addition to the provisions of Articles III and XVI of this Constitution, relating to the enactment of laws and constitutional amendments, there is reserved in the people the power to enact laws and constitutional amendments by means of initiative petition. An initiative petition must contain a full and correct copy of the title and text of the proposed law or amendment and must be signed by not fewer than ten percent of the qualified electors eligible to vote at the last general election. If a majority of the qualified electors voting on the proposed law or constitutional amendment vote in favor it is a law of this State or a part of this Constitution. The commission shall certify the results to the Code Commissioner who shall assign the law or constitutional amendment to an appropriate place in the Code of Laws or the Constitution.
The General Assembly may by law provide additional requirements for an initiative petition if the requirements are consistent with the provisions of this section."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article XVII of the Constitution of this State be amended 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?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."\
Renumber sections to conform.
Amend title to conform.
Rep. J. SMITH explained the amendment.
Rep. HARRISON raised the Point of Order that Amendment No. 3 was not germane.
Rep. J. SMITH argued contra the point in stating that the current Joint Resolution under debate was related to how a Bill or Resolution is enacted.
The SPEAKER stated that the current Joint Resolution as amended would deal with a constitutional or joint resolution that would require two-thirds majority vote before raising a general tax and the amendment would add a constitutional amendment dealing with an initiative petition and sustained the Point of Order and ruled the amendment out of order.
Rep. HODGES proposed the following Amendment No. 4 (Doc Name P:\AMEND\PT\2906HTC.97), which was tabled.
Amend the joint resolution, as and if amended, by striking Section 15A as contained in SECTION 1, page 1, and inserting:
"Section 15A. Any bill or resolution imposing or increasing a tax or fee may become law without being submitted to a vote of the electors of this State if the bill or resolution receives the approval of two-thirds of the membership of the House of Representatives and two-thirds of the membership of the Senate. The General Assembly shall provide a procedure by which electors shall vote if the bill or resolution does not receive the two-thirds approval as provided in this section." /
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Baxley Beck Boan Brown, H. Campsen Cato Cave Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Govan Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McKay McMaster Meacham Mullen Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Battle Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Clyburn Cobb-Hunter Gourdine Harvin Hines, M. Hodges Howard Inabinett Jennings Kennedy Lee Lloyd Mack Maddox McCraw McLeod McMahand Miller Moody-Lawrence Neal Neilson Parks Phillips Pinckney Scott Sheheen Smith, F. Smith, J. Stille Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. HODGES proposed the following Amendment No. 5 (Doc Name P:\AMEND\PT\2906HTC.97), which was tabled.
Amend the joint resolution, as and if amended, by striking Section 15A as contained in SECTION 1, page 1, and inserting:
" Section 15A. Any bill or resolution imposing or increasing a tax or fee may become law without being submitted to a vote of the electors of this State if the bill or resolution receives the approval of two-thirds of the membership of the House of Representatives and two-thirds of the membership of the Senate and no new fee may be imposed or existing fee increased by an entity of state government by regulation." /
Amend further, SECTION 2, page 2, line 12, by striking the question mark and inserting / and to provide that no new fee may be imposed or existing fee increased by an entity of state government by regulation? /
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Baxley Beck Boan Campsen Cato Cave Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Govan Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McKay McMaster Mullen Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Battle Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Gourdine Harvin Hines, M. Hodges Howard Inabinett Jennings Kennedy Kirsh Lee Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Neal Parks Phillips Pinckney Scott Sheheen Simrill Smith, F. Smith, J. Stille Stoddard Tripp Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. SHEHEEN spoke against the Joint Resolution.
Rep. HASKINS spoke in favor of the Joint Resolution.
Rep. SHEHEEN spoke against the Joint Resolution.
Rep. HARRELL spoke in favor of the Joint Resolution.
Rep. CAVE spoke against the Joint Resolution.
Rep. KIRSH spoke in favor of the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, H. Brown, J. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McKay McMaster Meacham Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Gourdine Govan Hines, M. Hodges Howard Inabinett Jennings Lloyd Mack Maddox McLeod McMahand Miller Moody-Lawrence Neal Parks Pinckney Scott Sheheen Smith, J. Whipper Wilkes
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
Rep. SCOTT moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Breeland Byrd Cobb-Hunter Hines, M. Inabinett Lee Littlejohn Lloyd Mack McLeod Neal Parks Scott
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, G. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Loftis Maddox Martin Mason McCraw McKay McMahand McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young Young-Brickell
So, the House refused to adjourn.
The following Bill was taken up.
H. 3144 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Meacham, Sharpe, D. Smith, Townsend, Vaughn, Allison, Altman, Bailey, Barfield, Barrett, Bauer, Beck, Campsen, Chellis, Cotty, Davenport, Delleney, Felder, Gamble, Harrell, Hinson, Jordan, Kelley, Keegan, Kinon, Kirsh, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Martin, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Spearman, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, Knotts, Mason, Sharpe, Hamilton, Webb and Whatley: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON GENERAL TAX INCREASES AND NEW GENERAL TAXES, SO AS TO REQUIRE A TWO-THIRDS VOTE IN EACH HOUSE FOR SUCH IMPOSITION.
Rep. LIMBAUGH explained the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Boan Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Maddox Martin Mason McCraw McKay McLeod McMaster Meacham Miller Moody-Lawrence Mullen Neilson Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Breeland Byrd Canty Cave Cobb-Hunter Gourdine Govan Hines, M. Hodges Howard Mack Neal Parks Pinckney Scott
So, the Bill was read the second time and ordered to third reading.
Rep. D. SMITH moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3389 -- Reps. J. Brown, Quinn, Cromer, R. Smith, Koon, Limehouse, Seithel, Moody-Lawrence, Parks, Cave, Whipper, Govan, Neal, Kennedy, Inabinett, Barfield, M. Hines, Simrill, Townsend, Jennings, Sharpe, Cobb-Hunter, Knotts, Scott, Neilson, Phillips, Fleming, Woodrum, Kelley, Canty, Clyburn, Webb, Byrd, Stille, Lloyd, Law, Howard, Loftis, Bailey, T. Brown, Riser, Askins, Rhoad, Wilder, McLeod, Trotter, Carnell, Beck, Kinon, McMaster, Gourdine, J. Smith, Chellis, Miller, Lee, Harvin, Robinson, Whatley, Kirsh, McMahand, Vaughn, Pinckney, Klauber, Hamilton, Leach, Felder, Allison, Sandifer, Tripp, Edge, Haskins, F. Smith, Hawkins, Bowers, Mack, Davenport, Jordan, Wilkes, Cooper, Lanford, Battle, G. Brown and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1961 SO AS TO PROVIDE THAT ANY HANDICAPPED PARKING SPACE IS AVAILABLE FOR USE BY ANY PERSON AUTHORIZED TO USE A HANDICAPPED PLACARD AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3390 -- Reps. Stille, Altman, Wilder, Vaughn, Kirsh, Koon, M. Hines, Simrill, Moody-Lawrence, Keegan, Cotty, Sandifer, Walker, Maddox, Stuart, Mason, Young-Brickell, Davenport, Kelley, Rice, Webb, Gamble, McMaster, Inabinett, Robinson, Jordan, Byrd, Cato, Littlejohn, Quinn, Seithel and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT A MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED, OR WHO IS UNINSURED, MUST BE IMPOUNDED, TO PROVIDE THAT THE IMPOUNDMENT COSTS MUST BE BORNE BY THE DRIVER, AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO VEHICLES OWNED BY RENTAL CAR COMPANIES.
Referred to Committee on Judiciary.
H. 3391 -- Reps. Haskins, Simrill, Easterday, Whipper, Campsen, Littlejohn, G. Brown, Neilson, Edge, Altman, Meacham, Chellis, Allison, Kelley, Whatley, Bailey, McKay, Moody-Lawrence, Vaughn, Keegan, R. Smith, Witherspoon, Walker, Rice, H. Brown, Beck, Davenport, Wilkins, Stuart, McCraw, Kirsh, Boan, Young-Brickell, Wilder and McLeod: A BILL TO ENACT THE "EXPLOITATION OF WOMEN'S AND CHILDREN'S ACT OF 1997"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-317 SO AS TO PROVIDE THAT THE WRITTEN CONSENT OF THE RECIPIENT IN THIS STATE IS FIRST REQUIRED BEFORE A PERSON THROUGH USE OF THE MAIL OR OTHERWISE MAY SEND TO THAT PERSON MATERIAL WHICH CONTAINS NUDITY, VIOLENCE, SEXUALLY-EXPLICIT CONDUCT, OR VULGAR OR PROFANE LANGUAGE; TO PROVIDE THAT IF THIS CONSENT HAS BEEN OBTAINED, THE ENVELOPE OR PACKAGE CONTAINING THIS MATERIAL MUST HAVE CERTAIN LEGIBLE DISCLOSURES ON IT; TO PROVIDE EXCEPTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 16-15-340 SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY SOLICIT A PERSON UNDER EIGHTEEN YEARS OF AGE THROUGH THE USE OF A COMPUTER OR OTHER FORM OF COMMUNICATION FOR THE PURPOSE OF OBSCENE OR SEXUAL ACTIVITY, TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO INCREASE THE PENALTY FROM TWENTY TO TWENTY-FIVE YEARS; TO AMEND SECTION 16-3-655, SO AS TO INCLUDE AS CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE ENGAGING IN SEXUAL BATTERY WITH A VICTIM UNDER EIGHTEEN YEARS OF AGE IF THE ACTOR IS FOUR OR MORE YEARS OLDER THAN THE VICTIM; TO AMEND SECTION 16-15-305, AS AMENDED, SECTIONS 16-15-315, 16-15-325, 16-15-335, 16-15-345, AND 16-15-355, SECTIONS 16-15-375 AND 16-15-385, BOTH AS AMENDED, SECTIONS 16-15-387 AND 16-15-395, SECTION 16-15-405, AS AMENDED, AND SECTIONS 16-15-410 AND 16-15-445, ALL RELATING TO THE PREPARATION, PROMOTION, PROCUREMENT, AND DISSEMINATION OF OBSCENITY AND MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT OBSCENITY AND MATERIAL HARMFUL TO MINORS INCLUDES COMPUTER GENERATED IMAGES AND THAT PREPARING, PROMOTING, PROCURING, AND DISSEMINATING INCLUDES BY THE USE OF COMPUTER OR A COMPUTER SERVICE OR COMPUTER BULLETIN BOARD AND TO INCREASE PENALTIES FOR FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR.
Referred to Committee on Judiciary.
H. 3392 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-6-35 SO AS TO PERMIT A SUBCONTRACTOR OR MATERIAL SUPPLIER TO RECLAIM CERTAIN MATERIALS EVEN IF A MECHANIC'S LIEN OR ANY OTHER LIEN HAS BEEN FILED WITH RESPECT TO THE REAL PROPERTY, AND PROVIDE THAT ANY LAW ENFORCEMENT AGENCY OR DEPARTMENT, UPON REQUEST OF THE SUBCONTRACTOR OR MATERIAL SUPPLIER, SHALL RENDER ASSISTANCE IN THE RECOVERY OF SUCH MATERIALS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 29-6-60, RELATING TO THE INSTANCES AND CIRCUMSTANCES TO WHICH THE PROVISIONS OF CHAPTER 6, TITLE 29 THAT PERTAIN TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS DO NOT APPLY.
Referred to Committee on Labor, Commerce and Industry.
H. 3393 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADVISORY COUNCIL (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1982, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3394 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL GRANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1986, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3395 -- Reps. Knotts, Tripp, Sharpe, Bailey, G. Brown, Mason, Inabinett, Meacham, Littlejohn, Stuart, Bauer, Robinson, Leach, Rice, Koon, Whatley, McCraw, Young-Brickell, Davenport, Limehouse, Phillips, Riser, Rhoad and Vaughn: A BILL TO AMEND SECTION 16-11-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO ANIMALS AND OTHER PERSONAL PROPERTY, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-30, AS AMENDED, RELATING TO PETIT AND GRAND LARCENY, SO AS TO REVISE THE VALUE OF STOLEN GOODS THAT CONSTITUTES PETIT AND GRAND LARCENY AND TO REVISE THE PENALTIES FOR GRAND LARCENY; AND TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO OUT-OF-HOME PLACEMENT, SO AS TO PROVIDE THAT A CHILD IS ELIGIBLE FOR DETENTION IN A JUVENILE DETENTION FACILITY FOR THE COMMISSION OF CERTAIN MISDEMEANORS.
Referred to Committee on Judiciary.
H. 3396 -- Reps. Stille, Edge, Wilder, Koon, G. Brown, Felder, Whipper, Simrill, Kelley, Kirsh, Inabinett, Lloyd, Jordan, Moody-Lawrence, Mason, Bowers, Altman, Rice, Stoddard, Robinson, Neal, Govan, Maddox, Barrett, Stuart, Walker, Allison, Littlejohn, Davenport, Leach and Vaughn: A BILL TO AMEND SECTION 56-2-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR NONPAYMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE BIENNIAL LICENSE PLATES AND REVALIDATION DECALS.
Referred to Committee on Education and Public Works.
H. 3397 -- Reps. Wilkins, D. Smith, Limbaugh, Haskins, Robinson, Cato, Knotts, Harrison, Loftis, Delleney, Davenport, Vaughn, Easterday, Young-Brickell, Cotty, McMaster, Fleming, Harrell, Allison, Law, Riser, Mason, Simrill, Cooper, Barrett, H. Brown, Sandifer, Rice, Hinson, Sharpe, Seithel, R. Smith, Kelley, Chellis, Klauber, Cromer, Dantzler, Meacham, Keegan, Trotter, Tripp, Lanford, Whatley, Littlejohn, Walker, Edge, Quinn, Kirsh, Bauer and Jordan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-60, 6-1-85, AND 59-73-35, SO AS TO LIMIT THE REVENUE RAISING AUTHORITY OF MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS, INCLUDING A PROHIBITION ON REAL ESTATE TRANSFER FEES AND TAXES, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, AS AMENDED, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS, SO AS TO PROVIDE THE USES FOR THE IMPOSITION OF UNIFORM SERVICE CHARGES AND THE CREDITING OF CHARGE REVENUE, AND TO PROVIDE FOR THE SEVERANCE OF OTHER PARTS OF THIS ACT IF ANY PORTION OF IT IS HELD UNCONSTITUTIONAL, INVALID, OR OTHERWISE INEFFECTIVE.
Referred to Committee on Judiciary.
H. 3398 -- Reps. Bauer, Beck, Neilson, F. Smith, Kennedy, Hinson, Cobb-Hunter, Hawkins, Pinckney, Altman, T. Brown, J. Smith, Hamilton, Littlejohn, Lloyd, Edge, Mullen, M. Hines, Leach, Byrd, Gourdine, Limehouse, Phillips, Mack, Allison, McLeod, Barfield, Bowers, Kinon, Carnell, Cato, Cave and Miller: A BILL TO AMEND SECTION 51-3-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF STATE PARK FACILITIES FREE OF CHARGE BY AGED, BLIND, OR DISABLED PERSONS, SO AS TO REDUCE THE AGE OF PERSONS ENTITLED TO FREE USE OF STATE PARK FACILITIES FROM SIXTY-FIVE TO SIXTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3399 -- Reps. Bauer, Hinson, Beck, F. Smith, Simrill, Baxley, Cobb-Hunter, J. Smith, Neilson, Quinn, Sandifer, Wilkins, Knotts, Hawkins, Woodrum, Whatley, Barrett, Edge, Rice, Fleming, Kennedy, Scott, T. Brown, Riser, Davenport, Martin, Lloyd, Allison, Altman, McLeod, Cromer, Lanford, J. Brown, Howard, Stuart, Leach, Phillips, Pinckney, Parks, Rodgers, Hamilton, Byrd, Koon, Mack, Kinon, Kirsh, Webb, Barfield, Littlejohn, Miller, Bowers and Limehouse: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE VOTING, SO AS TO DELETE THE REQUIREMENT THAT AN EMPLOYER SIGN A WRITTEN CERTIFICATION THAT HIS EMPLOYEE'S EMPLOYMENT PREVENTS HIM FROM VOTING IN HIS COUNTY OF RESIDENCE.
Referred to Committee on Judiciary.
H. 3403 -- Reps. Cato, Wilkins, Young-Brickell, Meacham, Haskins, Davenport, Tripp, Seithel, Limehouse, Law, Delleney, Gamble, Trotter, Harrison, Dantzler, Littlejohn, Quinn, Chellis, Bailey, Mason, Allison, Harrell, Sandifer, Jordan, Inabinett, Stuart, Kelley, Rice, Canty, Neilson, Simrill, Moody-Lawrence, Altman, Easterday, Leach, Stoddard, F. Smith, Barfield and Edge: A BILL TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW.
Referred to Committee on Judiciary.
H. 3404 -- Reps. Meacham, Quinn, G. Brown, Sandifer, Trotter, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell, Cato, Gleming and Klauber: A BILL TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE REQUIREMENT THAT THE PUBLIC SERVICE COMMISSION ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO, AMONG OTHER THINGS, AUTHORIZE, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT SUCH PROCEDURES; AND TO REPEAL SECTION 58-37-40, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND INTEGRATED RESOURCE PLANS.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 3405 -- Rep. Cato: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, MARCH 28, 1997.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3406 -- Reps. T. Brown, Barfield, Edge, Kennedy, Harvin, Askins and Miller: A CONCURRENT RESOLUTION TO COMMEND THE THREE RIVERS HISTORICAL SOCIETY OF HEMINGWAY AND ITS OFFICERS AND MEMBERS FOR THEIR OUTSTANDING WORK IN CHRONICLING AND PRESERVING THE HISTORY AND GENEALOGY OF THE CITIZENS WHO LIVE IN HEMINGWAY, IN WILLIAMSBURG COUNTY, AND IN SURROUNDING COMMUNITIES AND COUNTIES LOCATED IN THE PEE DEE, BLACK, AND LYNCHES RIVERS REGION OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. CROMER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3360 -- Reps. Klauber, Carnell, Stille and Parks: A CONCURRENT RESOLUTION CONGRATULATING PEGGY S. MCQUOWN OF GREENWOOD COUNTY ON BEING SELECTED THE 1997 SOUTH CAROLINA MOTHER OF THE YEAR.
H. 3361 -- Reps. Quinn, Canty, Neal, Pinckney, Bowers, Lloyd, Inabinett and Harvin: A CONCURRENT RESOLUTION CONGRATULATING LIEUTENANT GENERAL LLOYD W. NEWTON, A NATIVE OF RIDGELAND, ON EARNING A FOURTH STAR AS A GENERAL IN THE UNITED STATES AIR FORCE.
At 4:20 P.M. the House in accordance with the motion of Rep. YOUNG adjourned in memory of Louise D. Baker of Sumter, to meet at 10:00 A.M. tomorrow.
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