Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Dr. Whaley 'Bill' Barton, Jr. as follows:
Dear Father, You have taught us how to love by first loving us. You tell us Lord, to love You with all of our heart, mind and soul and to love our neighbor as ourselves. Frequently, we are indifferent toward others. Forgive us, Father and help us to see the importance of loving You and one another. Help us to ask forgiveness from others and to forgive others. Now, dear Lord, bless us this day we pray in Your precious name. 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. D. C. SMITH moved that when the House adjourns, it adjourn in memory of Mrs. Linda Rickman, sister of Representative Roland Smith, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4013 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INSURED WORKER" UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT THIS TERM IS DEPENDENT UPON PAYMENT OF WAGES IN AT LEAST TWO QUARTERS RATHER THAN UPON THE AMOUNT OF WAGES PAID IN A SPECIFIED PERIOD; TO AMEND SECTION 41-27-370, AS AMENDED, RELATING TO THE DEFINITION OF "UNEMPLOYED", SO AS TO PROVIDE THAT IF AN INDIVIDUAL HAS MADE ANY CONTRIBUTIONS TO A RETIREMENT OR OTHER TYPE PLAN THERE MUST NOT BE A REDUCTION IN THE WEEKLY BENEFIT AMOUNT PAYABLE TO THE INDIVIDUAL; TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT BENEFIT PAYMENTS WHICH MAY NOT BE CHARGED TO A FORMER EMPLOYER, SO AS TO CLARIFY THAT SUCH PAYMENTS MAY NOT BE CHARGED IF THE PERSON LEFT EMPLOYMENT FOR GOOD CAUSE NOT CONNECTED WITH THE EMPLOYMENT; TO AMEND SECTION 41-41-20, RELATING TO THE SUSPENSION OF BENEFITS TO A CLAIMANT WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A PERSON WHO RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO PAY THE COMMISSION FOR THESE OVERPAYMENTS IF BOTH STATES HAVE ENTERED INTO AN INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY AGREEMENT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4633 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.
Ordered for consideration tomorrow.
The following was introduced:
H. 4770 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO COMMEND AND HONOR PASTOR CURTIS L. JOHNSON OF VALLEY BROOK OUTREACH BAPTIST CHURCH IN GREENVILLE FOR HIS DYNAMIC CHRISTIAN MINISTRY AND HIS DEDICATION TO SERVING HIS FELLOW MAN TO THE GLORY OF GOD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1029 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO COMMEND REVEREND WILLIE BATES, JR., FOR HIS THIRTY YEARS OF DEDICATED LEADERSHIP AND SERVICE AS PASTOR OF ANTIOCH BAPTIST CHURCH IN ORANGEBURG COUNTY AND TO PRAY FOR THE LORD'S CONTINUED BLESSING OF REVEREND BATES AND HIS CONGREGATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1030 (Word version) -- Senators Courson, Drummond, Patterson and Hayes: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO NAME THE NATION'S NEXT YET TO BE NAMED AIRCRAFT CARRIER THE USS STROM THURMOND IN RECOGNITION OF THE MANY CONTRIBUTIONS AND ACCOMPLISHMENTS OF UNITED STATES SENATOR STROM THURMOND OF SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4771 (Word version) -- Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley: A BILL TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITION OF "EMERITUS ARCHITECT"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO EXEMPT EMERITUS ARCHITECTS FROM CONTINUING EDUCATION REQUIREMENTS UNLESS RETURNING TO ACTIVE PRACTICE; TO ADD SECTION 40-3-255 SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO ESTABLISH THE SOUTH CAROLINA ARCHITECTURE EDUCATION AND RESEARCH FUND, TO ALLOCATE REVENUE FROM RENEWAL FEES TO THE FUND, AND TO PROVIDE FOR THE PURPOSES OF THE FUND; AND TO AMEND SECTION 40-3-290, RELATING TO THOSE PERSONS AND ACTIVITIES EXEMPT FROM LICENSURE AND REGULATION AS AN ARCHITECT, SO AS TO REVISE A BUILDING CODE REFERENCE.
Referred to Committee on Labor, Commerce and Industry
H. 4773 (Word version) -- Reps. Gilham and Rodgers: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE THAT A PERSON FROM ANOTHER COUNTRY, OR HIS DEPENDENTS, WHO IS NOT A RESIDENT OF SOUTH CAROLINA BUT IS PRESENT IN THE STATE ON A VISITOR VISA AND WHO OWNS PROPERTY IN THE STATE MAY BE ISSUED A DRIVER'S LICENSE.
Referred to Committee on Education and Public Works
H. 4774 (Word version) -- Reps. Clyburn and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-220 SO AS TO PROVIDE THAT MEMBERS OF THE GENERAL ASSEMBLY MAY NOT RECEIVE SPECIAL PAY WHEN THE GENERAL ASSEMBLY IS CONVENED FOR A SPECIAL OR EXTRA LEGISLATIVE SESSION IN A YEAR IN WHICH THERE ARE ACROSS THE BOARD REDUCTIONS IN STATE AGENCY BUDGETS.
Referred to Committee on Ways and Means
H. 4775 (Word version) -- Reps. Lloyd, Bowers, Hosey, M. Hines, Whipper, Moody-Lawrence, Breeland, Clyburn, Gourdine, J. Hines and Kirsh: A BILL TO AMEND SECTION 22-3-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING AND ACKNOWLEDGMENT OF TESTIMONY PRESENTED BEFORE A MAGISTRATE, SO AS TO PROVIDE THAT IN A CASE IN WHICH A STENOGRAPHER RECORDS THE TESTIMONY OR A CASE IN WHICH TESTIMONY IS ELECTRONICALLY RECORDED, THE RECORD OF THE TESTIMONY MUST BE RETAINED BY THE MAGISTRATE FOR AT LEAST THIRTY DAYS, AND TO PROVIDE THAT IF THE MAGISTRATE FAILS TO MAINTAIN THE RECORD OF THIS TESTIMONY, THEN AN APPELLATE COURT MUST GRANT THE DEFENDANT A NEW TRIAL UPON AN APPEAL OF THE MAGISTRATE'S VERDICT.
Referred to Committee on Judiciary
S. 410 (Word version) -- Senators Grooms, Bauer, Mescher, Holland, Ryberg, Ford, Wilson, Leatherman, J. V. Smith, Verdin, Hutto, Reese, Passailaigue, Leventis, Alexander, Gregory, McConnell, Waldrep, Giese, Martin, Drummond, Moore, Anderson, Land, McGill, Ritchie, Elliott, Glover, Pinckney, Hawkins, Branton and Fair: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS, BY ADDING SECTION 8-1-135 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER OF A POLITICAL SUBDIVISION IS NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF SECTION 3, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, IF HE HOLDS AN OFFICE IN ANOTHER POLITICAL SUBDIVISION.
Referred to Committee on Judiciary
The following was introduced:
H. 4772 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO RECOGNIZE HOLLI LYNN THOMPSON, MISS OCONEE FOR 2001, FOR HER YEAR OF EXEMPLARY REPRESENTATION OF OCONEE COUNTY AND OF ALL THAT IS SPECIAL ABOUT ITS CITIZENS.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Coleman Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Howard Huggins Keegan Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, February 20.
Scott Talley Lonnie Hosey Ralph Davenport Bessie Moody-Lawrence Joseph Neal Gilda Cobb-Hunter Mark Kelley Douglas Jennings Alex Harvin Fletcher Smith Todd Rutherford Harry Askins Richard Quinn
DOCTOR OF THE DAY
Announcement was made that Dr. John Nobles of Bennettsville is the Doctor of the Day for the General Assembly.
Rep. TOWNSEND and the Lexington Delegation presented to the House Principal Dr. Nancy Turner, students and other staff from White Knoll Middle School recognizing their accomplishment of raising over half a million dollars to purchase a New York City fire truck.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4317 (Word version)
Date: ADD:
02/20/02 CAMPSEN
Bill Number: H. 4767 (Word version)
Date: ADD:
02/20/02 VAUGHN
Bill Number: H. 4416 (Word version)
Date: ADD:
02/20/02 KNOTTS
Bill Number: H. 4548 (Word version)
Date: ADD:
02/20/02 KNOTTS
Bill Number: H. 4549 (Word version)
Date: ADD:
02/20/02 KNOTTS
Bill Number: H. 4551 (Word version)
Date: ADD:
02/20/02 KNOTTS
Bill Number: H. 4550 (Word version)
Date: ADD:
02/20/02 KNOTTS
Bill Number: H. 3333 (Word version)
Date: REMOVE:
02/20/02 RISER
Bill Number: H. 4769 (Word version)
Date: REMOVE:
02/20/02 FREEMAN
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4763 (Word version) -- Rep. Snow: A JOINT RESOLUTION EXTENDING THE PAYMENT DUE DATE OF THE 2001 REAL PROPERTY TAXES IN WILLIAMSBURG COUNTY FROM JANUARY 31, 2002, TO FEBRUARY 28, 2002, AS A RESULT OF A COMPUTER MALFUNCTION.
H. 4758 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), SO AS TO REQUIRE SLED TO SUBMIT FINGERPRINT CARDS, RECEIVED IN CONNECTION WITH SECURITY, INVESTIGATION, AND WEAPON LICENSE AND PERMIT APPLICATIONS, RESPECTIVELY, TO THE FEDERAL BUREAU OF INVESTIGATION TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK OF THE APPLICANT; TO AMEND SECTIONS 40-18-50 AND 40-18-70, RELATING TO CONTRACT SECURITY BUSINESS LICENSE REQUIREMENTS AND PRIVATE INVESTIGATOR LICENSE REQUIREMENTS, RESPECTIVELY, SO AS TO DELETE PROVISIONS REQUIRING A BOND TO PAY A PERSON'S LOSS AS A RESULT OF A LICENSEE'S VIOLATION OF CERTAIN LAWS OR REGULATIONS, PROVISIONS AUTHORIZING A PERSON TO INITIATE AN ACTION AGAINST THE LICENSEE OR THE LICENSEE'S INSURER, AND TEMPORARY PROVISIONS NO LONGER APPLICABLE; AND TO AMEND SECTION 40-18-100, RELATING TO SECURITY WEAPONS PERMIT APPLICATION REQUIREMENTS, SO AS TO REQUIRE AN APPLICANT TO SUBMIT A SET OF FINGERPRINTS TO BE USED TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK.
Rep. HARRISON explained the Bill.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4455 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 16-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING COLLEGE TRANSCRIPTS OR DIPLOMAS AND THE FRAUDULENT USE OF THE FALSIFIED OR ALTERED TRANSCRIPTS OR DIPLOMAS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO HIGH SCHOOL DIPLOMAS AND TRANSCRIPTS INCLUDING GED DIPLOMAS.
H. 4592 (Word version) -- Reps. Townsend, Martin, Walker, McLeod, Stille, J. Hines and Stuart: A BILL TO AMEND SECTION 59-143-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATIONS FOR CERTAIN HIGHER EDUCATION SCHOLARSHIP GRANTS, SO AS TO PROVIDE THAT ALLOCATIONS FOR PALMETTO FELLOWS SCHOLARSHIPS SHALL BE ALLOCATED TO STUDENTS BASED ON ACADEMIC CRITERIA ESTABLISHED BY THE COMMISSION ON HIGHER EDUCATION, AND TO PROVIDE THAT THESE STUDENTS MAY THEN USE THESE SCHOLARSHIP FUNDS TO ATTEND ANY ELIGIBLE INSTITUTION IN SOUTH CAROLINA.
H. 4375 (Word version) -- Reps. Talley and Owens: A BILL TO AMEND SECTION 59-53-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF VOCATIONAL TRAINING EQUIPMENT PURSUANT TO THE DEPARTMENT OF EDUCATION'S PLAN FOR VOCATIONAL-TECHNICAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL TRAINING" TO "CAREER AND TECHNOLOGY EDUCATION" AND TO MAKE OTHER CORRESPONDING CHANGES.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 856 (Word version) -- Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep and Drummond: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.
Rep. FLEMING moved to adjourn debate upon the following Bill until Tuesday, February 26, which was adopted:
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Davenport, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
The following Bill was taken up:
H. 4419 (Word version) -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: A BILL TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION MUST KEEP A RECORD OF THE TRUSTEES WHO SUCCESSFULLY COMPLETE THE ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE AND TO FURTHER PROVIDE THAT A TRUSTEE OR COUNTY BOARD MEMBER WHO FAILS TO SUCCESSFULLY COMPLETE THE ORIENTATION IS SUBJECT TO SUSPENSION FROM OFFICE BY THE STATE DEPARTMENT OF EDUCATION OR REMOVAL FROM OFFICE PURSUANT TO SECTION 59-19-60.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20952SD02):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 59-19-45 of the 1976 Code, as added by Act 155 of 1997, is further amended by adding:
"(F) The State Department of Education must keep a record of the school board trustees who successfully complete the orientation program. A trustee who does not successfully complete the orientation program within one year of taking office shall be reported to the chairman of the local board of trustees by the State Department of Education. The local board shall take action to ensure that the matter is resolved and provide a written report to the State Department of Education within thirty days of the initial notice.
(G) The State Department of Education shall cite a district in its accreditation report if a new trustee fails to comply with the orientation requirements." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Reps. TRIPP, LOFTIS, HAYES, CLYBURN, BATTLE, ALTMAN, MILLER, J. HINES, LAW, MARTIN, WALKER, HOSEY, RHOAD, HOWARD, OTT, WEEKS, COATES, OWENS, J. BROWN, J. H. NEAL, A. YOUNG, PARKS, MACK, DAVENPORT, HINSON, R. BROWN and TOWNSEND requested debate on the Bill.
The following Bill was taken up:
H. 4405 (Word version) -- Rep. Harrison: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC OR PRIVATE SCHOOL IN RICHLAND COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20951SD02):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-63-70. During the season for any high school league sport, a student, while a member of a school squad or team engaged in an interscholastic sport, may become a member of or participate in an organized team that is independent of the school's control as long as the participation does not interfere with the scheduled league games or practices of the school squad or team. A school or student shall not be declared ineligible for participation in interscholastic high school league sport because of participation of a student as a member of an organized team independent of the school's control during the interscholastic sport's season. Any student participating on both a school squad or team and an independent squad shall have on file with the school's athletic director a statement signed by the parent or guardian indicating their child or children have permission to participate on both teams and signed by the independent coach acknowledging that the student's participation shall not interfere with the scheduled league games or practices."/
Amend title to read:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT DURING THE SEASON FOR ANY HIGH SCHOOL LEAGUE SPORT, A STUDENT, WHILE A MEMBER OF A SCHOOL SQUAD OR TEAM ENGAGED IN AN INTERSCHOLASTIC SPORT MAY BECOME A MEMBER OF OR PARTICIPATE IN AN ORGANIZED TEAM THAT IS INDEPENDENT OF THE SCHOOL'S CONTROL UNDER CERTAIN CONDITIONS. /
Renumber sections to conform.
Amend totals to conform.
Rep. WALKER explained the amendment.
Rep. HAYES moved to adjourn debate on the Bill until Tuesday, February 26.
Rep. EASTERDAY moved to table the motion.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barrett Bowers Campsen Cotty Davenport Easterday Edge Fleming Hamilton Harrison Hinson Huggins Klauber Koon Law Leach Loftis Merrill Rice Robinson Smith, W.D. Stuart Taylor Tripp Trotter Vaughn Walker Webb Witherspoon Young, A.
Those who voted in the negative are:
Bales Battle Bingham Breeland Brown, G. Brown, J. Brown, R. Carnell Chellis Clyburn Cobb-Hunter Coleman Cooper Delleney Emory Freeman Frye Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Keegan Kirsh Knotts Lee Limehouse Lloyd Lourie Lucas Mack Martin McCraw McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Rhoad Rivers Sandifer Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Snow Talley Thompson Townsend Weeks Whatley Whipper White Wilder
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate until Tuesday, February 26, which was agreed to.
The following Joint Resolution was taken up:
H. 4317 (Word version) -- Reps. Altman, Talley and Campsen: A JOINT RESOLUTION ESTABLISHING THE MOTOR VEHICLE SERVICES PRIVATIZATION FEASIBILITY STUDY COMMITTEE, PROVIDING FOR ITS MEMBERSHIP AND DUTIES, AND REQUIRING THE COMMITTEE TO REPORT ITS FINDINGS WITH RECOMMENDATIONS, IF ANY, TO THE GENERAL ASSEMBLY AND GOVERNOR NO LATER THAN FEBRUARY 15, 2002.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22322CM02), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1, page 1, by striking / 2002 / on line 36, and inserting / 2003 /.
Amend the joint resolution further SECTION 1, page 2, by striking / 2002 / on line 7, and inserting / 2003 /.
As amended SECTION 1 shall read:
/ SECTION 1. There is established the Motor Vehicle Services Privatization Feasibility Study Committee consisting of twelve members, six appointed by the Speaker of the House of Representatives and six appointed by the President Pro Tempore of the Senate. The committee shall conduct an in-depth review of the functions and activities of the Division of Motor Vehicles of the Department of Public Safety for the purpose of determining if privatization of various of these functions and activities or some other legislative initiatives could improve customer service for the driving public and others whose businesses require the use of these services while at the same time not adversely impacting the quality and security necessary for the proper performance of these functions. The committee shall make a report with recommendations, if any, to the General Assembly and the Governor no later than February 15, 2003, or ninety days following the committee's organizational meeting, whichever is later. Members of the General Assembly appointed to serve shall serve ex officio. The committee shall promptly meet and organize. The committee may call upon the staff and research capabilities of the General Assembly, the Department of Public Safety, the State Budget and Control Board, and other executive branch agencies it determines could be of assistance. Members shall serve without compensation, but are allowed the mileage, subsistence, and per diem authorized by law for members of state boards, committees, and commissions, payable from approved accounts of both Houses of the General Assembly. The committee's existence terminates on the date it makes its report and recommendations or February 15, 2003, whichever occurs first, unless extended by further action of the General Assembly. /
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4730 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
Reps. LAW, MERRILL, HINSON, SCARBOROUGH, GOURDINE, ALTMAN and LOFTIS requested debate on the Joint Resolution.
The following Joint Resolution was taken up:
H. 4731 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2667, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
Reps. LAW, MERRILL, HINSON, SCARBOROUGH, ALTMAN and GOURDINE requested debate on the Joint Resolution.
The following Joint Resolution was taken up:
H. 4732 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
Reps. LAW, HINSON, SCARBOROUGH, ALTMAN, GOURDINE and MERRILL requested debate on the Joint Resolution.
The following Bill was taken up:
H. 4682 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT AFTER JUNE 30, 2001, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY.
Rep. HARRISON proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\4677MM02), which was adopted:
Amend the bill, as and if amended, Section 36-9-109(d)(14), SECTION 1, page 3, by deleting beginning on line 7 / after June 30, 2001 /.
Amend title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4494 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTIONS 56-3-1750 AND 56-3-1760, BOTH AS AMENDED, AND SECTION 56-3-1770, RELATING TO UNITED STATES MILITARY RESERVE SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT MORE THAN ONE LICENSE PLATE MAY BE ISSUED TO AN ACTIVE OR RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, THAT SUFFICIENT FEES COLLECTED FROM THE ISSUANCE OF THESE LICENSE PLATES MUST BE PLACED IN A RESTRICTED ACCOUNT AND USED TO DEFRAY THE EXPENSE OF PRODUCING THE LICENSE PLATES, THAT LICENSE PLATES ISSUED TO RETIRED MEMBERS OF THE UNITED STATES MILITARY RESERVE SHALL HAVE IMPRINTED ON THEM OR A DECAL AFFIXED TO THEM THE WORD "RETIRED" OR AN ABBREVIATION SELECTED BY THE DEPARTMENT, AND TO PROVIDE THAT IF A HOLDER OF THIS SPECIAL LICENSE PLATE CEASES TO BE A RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, HE MUST RETURN THE SPECIAL LICENSE PLATE TO THE DEPARTMENT OF PUBLIC SAFETY.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22349CM02), which was adopted:
Amend the bill, as and if amended, Section 56-3-1750, as contained in SECTION 1, by striking line 8 on page 2, and inserting / department to defray the expenses of the motor vehicle division in producing this special license plate. /
As amended, Section 56-3-1750 shall read:
/ Section 56-3-1750. The department may issue a special motor vehicle license plate plates to active and retired members of the United States Air Force Reserve, United States Army Reserve, United States Coast Guard Reserve, United States Marine Corps Reserve, or United States Navy Reserve who are residents of the State for a private passenger motor vehicle registered in their respective names. The biennial fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020. Only one plate may be issued to a person. From the fees collected by the issuance of this special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of the motor vehicle division in producing this special license plate. /
Amend the bill further, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION _____. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding at the end:
"(D) Notwithstanding another provision of law, of the fees collected for a special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special license plate." /
Renumber sections to conform
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON asked unanimous consent to recall H. 4427 from the Committee on Ways and Means.
Rep. SCOTT objected.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 902 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
The motion period was dispensed with on motion of Rep. CAMPSEN.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, cloture having been ordered:
S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.
Rep. WITHERSPOON spoke against the Bill.
Rep. PERRY spoke against the Bill.
On motion of Rep. LOFTIS, with unanimous consent, Rep. PERRY's remarks were ordered printed in the Journal as follows:
Before I speak on this bill I would like to clear up a misunderstanding. In the magazine of the South Carolina Conservation League, their Executive Director, Mr. Dana Beach had the following quote in his column. Mr. Beach made reference to comments made by Rep. John Graham Altman, Rep. Chip Campsen and Rep. Dwight Loftis, and then he said, "the debate reached a low point when Representative Perry from Aiken accused the bill sponsors of wanting to lock up your land and stated that the people who wanted to lock up your land are agents of the devil".
I have two things to say to Mr. Beach. Number one I didn't say it and number two, I would never bring his friends into a conversation on this House floor.
I do want to commend Representative Chip Campsen for his hard work and honesty about this bill. Chip through his thorough explanation has convinced me that this is a bad bill. This is a bad bill because in the Senate it went through the Agriculture Committee, over here in the House it was sent to the Ways and Means Committee. Maybe I should ask Mr. Harrell that when the hog farm bill comes across that he take that bill to Ways and Means and maybe he can take that bitter cup from my lips.
As to the sunset provision in the bill, I can look into the future and I can see Vincent Sheheen's grandson standing at this podium saying, "for the eighteenth time we are going to renew this bill" because he has found seventeen acres of land left in the State that hasn't been put under a conservation easement.
Now let me tell you about conservation easements. This bill will probably be passed. Anyone who hears my voice or reads this bill, beware of these conservation easements. If you will go to the American Farm Bureau Federation website or Heartland Institute website, anything in the way of an easement that you put on your property is there forever. We all have easements on our property, utility easements and such things. But when you put an easement on your property and give a conservation easement, you give it to a group. It doesn't matter what group, the Nature Conservancy or whoever, they then control your land from then on. Your heirs, assigns and everybody have no more control over the land. Know this ladies and gentleman, I have tried to get an amendment passed so that a Real Estate agent would handle one of these transactions, would explain it to a person so they knew what they were signing, specially poor farmers who are told, "yes put an easement on your land and we will pay you some money and you can keep on farming". So he sees a little ray of hope so he goes down to the bank to borrow a little money so he can keep on farming. The bank tells him, "I'm sorry we can't lend you any money because you have a conservation easement on your property and it is for all intent and purposes been rendered useless."
Instead of putting a conservation easement on your property go ahead and give it to the government because that is where it is going to end up, because if you don't do exactly what they say, they have the power to take you to court and make you do it. Understand that ladies and gentlemen--understand that clearly.
On the handout that I gave you last week showing the amounts of money raised, I omitted one entity called, "Trust of Public Land". They have the same mailing address as the Nature Conservancy, whether that was by coincidence, they couldn't afford it and have to use the same mailing address I don't know. They took in one hundred and sixty one million dollars. Those two by themselves have taken nine hundred and forty-five million dollars for conservation purposes and with the hundred million of the Sierra club, that's over a billion dollars.
I ask you. How much is enough? I told you last week on the House floor about my friend Harry. Harry is a sixty-one year old man that was damaged at birth and now has the mind of about a four year old. When his grandmother died he thought my mother was his grandmother. She goes to see him in this home and he calls her nanna, and my mother takes him a matchbox car because he likes matchbox cars.
Because my mother has been sick, I went to see Harry for her and took him a matchbox car. His ninety-one year old stepfather was there and was talking about things in Columbia and I told him about this bill. At first he thought it was all right until I told him under this bill the conservation people are guaranteed their money and he said "well who guarantees Harry's money when I'm gone?" I went to my car and gave him a Legislative Manual and told him to ask the other one hundred twenty three members.
There is no guarantee that Harry will get the money to keep him in that home after the father is dead, but somebody will be able to buy land for Harry to look at when he is thrown out and homeless.
You have to vote your conscience but I want to make sure that we understand what we are about to do today.
We're getting ready to give ten million dollars plus of state money to an agency that collected nine hundred and forty five million dollars. How much is enough? Now you can have that on your conscience but Skipper Perry will not have it on his. I would urge every one in this chamber to take a serious look at the consequences of this bill and ask just how much is enough.
Rep. J. H. NEAL spoke against the Bill.
Rep. J. H. NEAL continued speaking.
On motion of Rep. LOFTIS, with unanimous consent, Rep. J. H. NEAL's remarks were ordered printed in the Journal as follows:
We have heard a lot about this piece of legislation. We've heard a lot of things that sounded very good and a lot of things that frankly scare me a lot. We have been put in a situation where we have been up and down, round and about trying to figure out what this legislation does. I admit it is complex and has a lot of features in it that simply are not clear. I worry about those of us who find ourselves in a situation where it is not absolutely clear what it is that we are voting on today. And what effects this bill will have not just for today but long term, even after we have left this body.
I wonder whether or not it is worth the risks of pushing a piece of legislation through that still has so many questions attached to it, so many problems yet unresolved. I wonder whether or not we at some point in the near future look back and wonder how and why we did this. What was so urgent that we would take the risk of putting at risk the landowners of this State?
I want to clarify something. I am an environmentalist. I have my certified tree-hugging card and I love it. I think it is the right thing to do to care for our environment but I also am a country boy, I grew up on a farm, I still live on a farm. I understand how valuable it is, how difficult it is for ordinary people in this State to hold on to their heritage, their properties. I know how hard it is for farmers and rural people to hold on to that little piece of wealth that they have worked for all their lives. Because of that, I am not willing to put at risk their ownership of their properties not just for today but also for tomorrow and the day after.
This bill is so complex and so tangled with regulations, "you will and won't and do's and don'ts that is difficult to tell exactly where we are, but I can tell some things. What I can tell that is in this bill is that we have reduced the board from fifteen to twelve. I know that. I know that we have made it easier for lands that are put in conservation easements to be taken out of conservation easements. I know that this bill will pay wealthy people to own their properties without giving public access to those properties even when we pay those wealthy land owners millions of tax payer dollars, I know that.
I know a few other things. I know that this board, that is deemed to control this conservation land bank, will not look like South Carolina. I know that I have tried through amendments to require that this board take into account the voices and concerns of the minority community in this State. I have asked that minority farmers, a dwindling and vanishing breed in South Carolina, be given a voice on this commission. I have asked that an environmental group from the African-American community be given a voice on this board. That a consumer group, sensitive to the needs of poor people in this State be placed on that board and yet all of that has been rebuffed.
I know that as an African-American, we've watched as African-Americans in this State since 1930 have lost fifteen million acres of land. We now have less than a million acres left and we must jealously guard what little we have left. So I'm not willing to take the risk that this bill is so peachy keen as some say it is, because there is too much to loose. God isn't creating any new land. This is all we have. I'm not willing to put at risk poor farmers, rural people, folk who will not be able to fight back when their lands are down zoned by counties, citizens who won't be able to fight back and hire attorneys when they are taken advantage of in this effort to acquire and control properties across this State.
Don't get me wrong. It's not just African-Americans. I'm concerned about the ordinary landowner in this State. Because believe it or not we are all in the same boat and when we get a hole on one end of this boat all of us go down. So I'm here today to ask you to think about what we are being asked to do here.
I'm asking you to consider that in this bill it talks about public hearings but it is unclear just where these hearings will be held, when and where. It appears in this bill that the public hearings actually come after the board has made its mind up about what it will and won't do. A lot of good a public hearing does under those circumstances.
I want it to be clear that under this bill the State will not own this property. I hope you understand that. This is not property that will be held by the State of South Carolina. These properties will be held by eligible trust holders. These are other organizations like the Coastal Conservation League and other private originations will hold title to these properties; it is not state property that we're talking about acquiring here. These are properties that will be held by private concerns. You need to be aware of that so that when somebody tells you that we are simply putting this in the hands of the state, that's not true. It is being held by whom? It's a private concern.
Why are we going to these extents to put properties in the hands of private organizations at the expense of the public in this State without giving the public due consideration. Without understanding exactly what this bill is going to do to that same tax paying public. It's unfair and it ought not happen this way. We need to consider what this bill does. We need to be as deliberate as we possible can be. We need to study and then restudy to make sure what this bill does, who is affected and how we are going to get through what it does to people and landowners in this State.
I hope that you have some concern for ordinary property owners in this State because they don't have a lobbyist up here. Most of them depend on you to look out for their interest. They don't have anybody else. It's you.
To often in this place there are those with wealth and power who are able to move this body to do things that are not in the interest of the public at large. You know it and I know it because that's the dirty little secret of politics, not just in South Carolina but everywhere. It ought not happen that way. I challenge you today to stand up for the ordinary landowner of this State, for the common man. Don't let the common man's money be taken and given to the wealthy for private preserves. Don't let the ordinary landowner in this State be put at a disadvantage in the ownership of his own property. Don't let that happen. No one can stop it but you.
You owe that much to the taxpayers of this State. You owe that much to those people who count on you and your leadership to be absolutely sure. Don't buy a pig in the poke without understanding exactly what it is that you're getting for your money and for your effort.
We've heard so many things about what this bill will do, but you know as well as I that there is an upside and downside of every thing. I am suggesting to you that you don't know enough about the downside just yet to pass this legislation. There's too much at risk because once you've done it you can't undo it very easily and you know it. Once you've done it and people have lost their properties and their homes, you can't undo it. Don't let that happen. Be cautious.
Some of you call yourselves conservative. Be conservative on this issue. Be cautious and don't let the common, ordinary work everyday landowner be taken advantage of.
This is where we are. It is your decision to make. You will ultimately answer to your constituents if and when this turns out to be something less than it is promoted to be. I'm in favor of conservation too, but I'm not in favor of conservation at the risk and the cost of rural landowners being put at risk. I'm not in favor of conservation at the cost of wealthy people feeding at the public troughs to the tune of hundreds of thousands and millions of taxpayer dollars without the public given any access to those properties.
I'm not in favor of giving to the wealthy, yet another advantage at the taxpayer's expense. I urge that you not support this legislation.
Rep. DAVENPORT spoke against the Bill.
Rep. VAUGHN spoke against the Bill.
Rep. COTTY spoke in favor of the Bill.
Rep. COTTY continued speaking.
Rep. OTT spoke in favor of the Bill.
Rep. CAMPSEN spoke in favor of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Barfield Battle Bingham Bowers Brown, J. Campsen Carnell Chellis Coates Cobb-Hunter Coleman Cotty Delleney Emory Fleming Freeman Gilham Govan Harrell Harrison Harvin Haskins Hayes Huggins Jennings Keegan Kirsh Klauber Knotts Lee Limehouse Lourie Lucas McCraw McGee McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Owens Phillips Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Trotter Walker Webb White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Altman Barrett Breeland Brown, G. Cato Clyburn Cooper Dantzler Davenport Easterday Edge Frye Gourdine Hamilton Hines, J. Hines, M. Hinson Hosey Howard Kelley Koon Law Leach Littlejohn Loftis Mack Martin Merrill Neal, J.H. Parks Perry Rhoad Rice Scott Stille Thompson Townsend Tripp Vaughn Weeks Witherspoon
So, the Bill was read the second time and ordered to third reading.
My card for voting did not record my vote. I attempted to vote in favor of the bill.
Rep. Rick Quinn
I voted for S. 297 on the strength of Amendment No. 104 which allows for public access to lands in which an easement is purchased with land bank funds consistent with the uses permitted in the easement. I am sympathetic with the arguments of the opponents of this bill because it may permit the use of public funds to purchase interests in land to which the public will not have access. If Amendment No. 104 is removed or diluted by the Senate or Conference Committee, I would urge my colleagues to reconsider its passage.
Rep. Alfred B. Robinson, Jr.
Rep. CAMPSEN moved to adjourn debate upon the following Bill until Thursday, March 7, which was adopted:
H. 3093 (Word version) -- Reps. Campsen, Harrison, Altman, Simrill, Owens, Robinson, Easterday and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.
Rep. ALTMAN moved that the House recur to the Morning Hour, which was agreed to.
Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:
S. 933 (Word version) -- Senators Ravenel, McConnell and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4776 (Word version) -- Reps. Wilkins and Harrell: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF HENRY MCMASTER OF COLUMBIA, MOST RECENTLY AS CHAIRMAN OF THE SOUTH CAROLINA REPUBLICAN PARTY ON THE OCCASION OF HIS RETIREMENT FROM THE POST OF PARTY CHAIRMAN AND WISHING FOR HIM A LONG CAREER OF FURTHER SERVICE TO THE STATE AND THE NATION.
The Resolution was adopted.
The following was introduced:
H. 4777 (Word version) -- Reps. Hosey and Clyburn: A HOUSE RESOLUTION EXPRESSING SORROW AT THE DEATH OF MS. JOHNNIE RUTH JENKINS OF BARNWELL COUNTY, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4778 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND ANTHONY A. MCCALLUM FOR HIS OUTSTANDING ACCOMPLISHMENTS AND LIFETIME OF SERVICE TO HIS FELLOWMAN AS A DEDICATED MINISTER OF THE GOSPEL OF OUR LORD JESUS CHRIST, AND TO JOYFULLY EXTEND A WARM WELCOME TO HIM AND HIS FAMILY ON THE OCCASION OF HIS INSTALLATION AS THE PASTOR AND SPIRITUAL LEADER OF BETHLEHEM BAPTIST CHURCH OF COLUMBIA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4779 (Word version) -- Reps. Davenport and Lee: A CONCURRENT RESOLUTION TO COMMEND AND HONOR SHANNON L. WYATT FOR HER DEDICATED LEADERSHIP AND THOROUGH SENSE OF RESPONSIBILITY AS AN EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AT THE NORTHSIDE CORRECTIONAL INSTITUTION IN SPARTANBURG.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4780 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE COUNTY FIRST STEPS PARTNERSHIPS.
Referred to Committee on Ways and Means
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary:
H. 4427 (Word version) -- Reps. Merrill and Law: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR SUNDAY MINIBOTTLE SALES, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY ISSUE SUCH PERMITS WITHIN THE ENTIRE CORPORATE LIMITS OF A MUNICIPALITY IF SUCH PERMITS MAY BE ISSUED IN ANY PART OF A MUNICIPALITY PURSUANT TO A COUNTYWIDE REFERENDUM AND TO GIVE THIS PROVISION RETROACTIVE EFFECT.
Rep. CAMPSEN moved that the House do now adjourn, which was agreed to.
At 12:10 p.m. the House, in accordance with the motion of Rep. D. C. SMITH, adjourned in memory of Mrs. Linda Rickman, sister of Representative Roland Smith, to meet at 10:00 a.m. tomorrow.
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