South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


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Wednesday, March 1, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

O Thou Giver of every good and perfect gift, help us to use these moments of prayer to increase our faith in Thee and to refresh us for the duties of this day. Forgive us from rushing to Thee only in times of desperation. Make us worthy continuously for there are those who trust us and a God Who would use us. Grant that we may be mentally alert, morally upright and spiritually strong. And answer all our prayers in keeping with Your perfect knowledge of our needs. 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.

MOTION ADOPTED

Rep. MILLER moved that when the House adjourns, it adjourn in memory of Aubrey Rochelle Merritt, which was agreed to.

COMMITTEE OFFICERS

The following was received:

February 29, 2000
Sandra McKinney
Clerk of the House
P.O. Box 11867
Columbia, S.C. 29211

Dear Sandy,
This is to inform you that the Agriculture, Natural Resources and Environmental Affairs Committee held an election on February 29,


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2000, and the following vacancies were filled:
I. The Honorable Harry Ott was elected First Vice Chairman.
II. The Honorable Amos Gourdine was elected Second Vice Chairman. III.

Sincerely,
Charles R. Sharpe
Received as information.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2463
Agency: Department of Labor, Licensing and Regulation, Board of Chiropractic Examiners
Statutory Authority: 1976 Code Sections 40-9-30 and 40-1-70
Adoption of Part IV of the National Board of Chiropractic Examiners Practical Examination
Received by Speaker of the House of Representatives
January 11, 2000
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative   Review Expiration May 9, 2000

Revised: May 15, 2000

20000223   Committee Request Withdrawal

120 Day Period Tolled

20000229   Withdrawn and Resubmitted

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 3914 (Word version) -- Reps. Cato, Hayes and Mason: A BILL TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND CANCELLATION OF INSURANCE CONTRACTS, SO AS TO PROVIDE FOR A PRO-RATA COMPUTATION OF THE GROSS UNEARNED PREMIUM TO BE RETURNED, AND PROVIDE THAT, IN THE EVENT A PREMIUM IS SUBJECT TO AN AUDIT TO DETERMINE THE FINAL PREMIUM AMOUNT, THE GROSS UNEARNED PREMIUM MUST BE CALCULATED UPON THE DEPOSIT PREMIUM AND THE INSURER SHALL RETURN TO THE PREMIUM SERVICE


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COMPANY, FOR THE INSURED'S ACCOUNT, THE GROSS UNEARNED PREMIUM BASED UPON THE DEPOSIT PREMIUM AMOUNT.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 1008 (Word version) -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELLED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3553 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4543 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 6-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO CLARIFY THAT FINANCIAL


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INFORMATION PROVIDED IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIPALITY IS CONFIDENTIAL BUT DOES NOT PROHIBIT THE SHARING OF DATA BETWEEN PUBLIC OFFICIALS AND EMPLOYEES, AND TO FURTHER PROVIDE THAT A PERSON IS SUBJECT TO CRIMINAL PENALTIES IF THE PERSON KNOWINGLY VIOLATES THIS SECTION.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3828 (Word version) -- Reps. Witherspoon, Sharpe and Hayes: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, SO AS TO ESTABLISH THE TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION AND FUND, AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH TOBACCO PRODUCT MANUFACTURERS; AND TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 126, SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO SETTLEMENT FOUNDATION AND FUND AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND THE DISTRIBUTION OF MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH THE TOBACCO PRODUCT MANUFACTURERS.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 3741 (Word version) -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND",


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DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE THE AMOUNT OF THE BOND FROM A MINIMUM OF TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS AND A MAXIMUM OF FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND; TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3266 (Word version) -- Reps. D. Smith and J. Brown: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH A VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3925 (Word version) -- Rep. Sharpe: A BILL TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE


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REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS", TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, AND TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT AND PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED


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OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON DEPARTMENT GUIDELINES AND TO PROVIDE AN EXCEPTION; AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.

Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4578 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTHERN CONNECTOR OF INTERSTATE 85 IN GREENVILLE COUNTY THE "BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR" AND ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.


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HOUSE RESOLUTION

The following was introduced:

H. 4711 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO CONGRATULATE THE HONORABLE LONNIE HOSEY, MEMBER OF THE HOUSE OF REPRESENTATIVES FROM BARNWELL COUNTY, UPON HIS ELECTION ON DECEMBER 21, 1999, AS GRAND MASTER OF THE PRINCE HALL GRAND LODGE OF MASONS, JURISDICTION OF SOUTH CAROLINA, AND TO JOIN HIM IN CELEBRATING THIS HONOR.

Whereas, the Honorable Lonnie Hosey of Barnwell County was elected June 1, 1999, to represent the citizens of Allendale and Barnwell County in the South Carolina House of Representatives; and

Whereas, Representative Hosey was chosen December 21, 1999, to lead the Prince Hall Grand Lodge of Masons, Jurisdiction of South Carolina, as its Grand Master; and

Whereas, by these two selections, Representative Hosey has been tapped by tens of thousands of South Carolinians as a man of character and strength, a man to whom they are willing to turn with confidence for leadership and inspiration; and

Whereas, the members of the House of Representatives want to join their fellow representative in celebrating this special event in his life. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives congratulate the Honorable Lonnie Hosey, member of the South Carolina House of Representatives from Barnwell County, upon his election on December 21, 1999, as Grand Master of the Prince Hall Grand Lodge of Masons, Jurisdiction of South Carolina, and join him in celebrating this honor.


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Be it further resolved that a copy of this resolution be presented to him by Representative Alex Harvin upon the occasion of Representative Hosey's keynote speech to the Summerton Masonic Lodge 366.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. WEBB, with unanimous consent, the following was taken up for immediate consideration:

H. 4712 (Word version) -- Rep. Webb: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO HEAD FOOTBALL COACH TOMMY BOWDEN OF CLEMSON UNIVERSITY ON WEDNESDAY, MARCH 8, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE OCCASION OF BEING NAMED THE 1999 ACC COACH OF THE YEAR.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to Head Football Coach Tommy Bowden of Clemson University on Wednesday, March 8, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on the occasion of being named the 1999 ACC Coach of the Year.

The Resolution was adopted.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4713 (Word version) -- Reps. Jennings, Harrison, Altman, Knotts and F. Smith: A BILL TO AMEND SECTION 23-6-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE


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DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES.
Referred to Committee on Judiciary

H. 4714 (Word version) -- Rep. Jennings: A BILL TO AMEND SECTION 1-23-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF CONTESTED CASE SO AS NOT TO INCLUDE DECISIONS CONCERNING THE SUPERVISION OF INMATES OR PRISONERS.
Referred to Committee on Judiciary

H. 4715 (Word version) -- Rep. Perry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-155 SO AS TO PROVIDE THAT STUDENTS WHO ARE CONSIDERED "CHILD PRODIGIES" AS DEFINED BY THE COMMISSION ON HIGHER EDUCATION ARE ELIGIBLE TO RECEIVE ALL SCHOLARSHIPS, GRANTS, OR FINANCIAL ASSISTANCE AWARDED BY THE STATE FOR HIGHER EDUCATION PURPOSES UNDER CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works

H. 4716 (Word version) -- Reps. Altman, Campsen, Harrell and Limehouse: A BILL TO REQUIRE THE CHARLESTON COUNTY SCHOOL BOARD TO PROVIDE SUITABLE SPACE FOR VOTING PURPOSES, AT NO CHARGE, WHEN REQUESTED BY THE COUNTY OR STATE CHAIRMAN OF A CERTIFIED POLITICAL PARTY.
On motion of Rep. ALTMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4717 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA ZERO-BASE BUDGET ACT BY ADDING CHAPTER 32 IN TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ESTABLISHING THE JOINT COMMITTEE ON ZERO-BASE BUDGET REVIEW AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
Referred to Committee on Ways and Means

H. 4718 (Word version) -- Reps. Campsen, Bailey, Bowers, Inabinett, Lloyd and Rhoad: A BILL TO AMEND SECTION 1-11-730, AS AMENDED,


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CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AFTER RETIREMENT OR TERMINATION FROM STATE SERVICE, SO AS TO PROVIDE FOR AN INCREMENTAL PORTION OF THE PREMIUM OF A PERSON RETIRING ON DISABILITY WITH AT LEAST FIVE BUT FEWER THAN TEN YEARS STATE SERVICE TO BE PAID BY THE STATE AT THE RATE OF TWENTY PERCENT A YEAR FOR EACH YEAR OF SERVICE IN EXCESS OF FIVE YEARS AND TO MAKE THIS AMENDMENT RETROACTIVE WITH RESPECT TO THE DATE OF DISABILITY RETIREMENT AND PROSPECTIVE WITH RESPECT TO PAYMENT OF PREMIUMS AND MEDICAL EXPENSES COVERED.
Referred to Committee on Ways and Means

H. 4719 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE


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SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE

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FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS

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USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.
Referred to Committee on Education and Public Works

H. 4721 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 5-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL ELECTIONS CONDUCTED BY MUNICIPAL ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE CHAIRMAN OF EACH COMMISSION MUST BE TRAINED AND CERTIFIED BY THE STATE ELECTION COMMISSION, AND TO FURTHER PROVIDE THAT THE OTHER COMMISSIONERS AND THEIR STAFFS MAY ALSO BE TRAINED AND CERTIFIED IF REQUIRED BY THE MUNICIPAL GOVERNING BODY.
Referred to Committee on Judiciary

S. 688 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 23, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DROUGHT RESPONSE ACT OF 1985, SO AS TO REVISE THE DROUGHT INDICES, TO REVISE REQUIREMENTS FOR PROVIDING NOTICE OF A DROUGHT TO THE MEDIA, TO REVISE APPOINTMENT PROCEDURES FOR MEMBERS APPOINTED TO LOCAL COMMITTEES IN EACH DROUGHT MANAGEMENT AREA, TO PROVIDE FOR CURTAILMENT OF WATER WITHDRAWALS, AND TO REVISE STANDARDS TO BE USED TO EVALUATE WHICH WATER WITHDRAWALS MUST BE CURTAILED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1186 (Word version) -- Senators Matthews and Hutto: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.


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CONCURRENT RESOLUTION

The following was introduced:

H. 4720 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ACT QUICKLY TO INTRODUCE AND PASS EMERGENCY LEGISLATION TO SUSPEND THE FEDERAL EXCISE TAX ON DIESEL FUEL FOR A PERIOD OF FORTY-FIVE TO NINETY DAYS WHILE NEGOTIATIONS PROCEED WITH OPEC IN AN ATTEMPT TO END THIS CURRENT ESCALATION OF DIESEL FUEL PRICES AND, FURTHER, TO ACT INDEPENDENTLY OF AND IN CONCERT WITH THE PRESIDENT TO FIND LONG-TERM SOLUTIONS AND DETERRENTS TO THIS VOLATILE THREAT TO OUR ECONOMIC WELL-BEING.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allison                Altman                 Bailey
Bales                  Barfield               Barrett
Battle                 Bowers                 Breeland
Brown, G.              Brown, H.              Campsen
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Easterday              Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Inabinett              Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Lanford
Law                    Leach                  Lee
Lloyd                  Loftis                 Lourie
Lucas                  Maddox                 Martin
McCraw                 McGee                  McKay

Printed Page 1447 . . . . . Wednesday, March 1, 2000

McLeod, M.             McLeod, W.             McMahand
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Phillips
Pinckney               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, J.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Walker                 Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 1.

Tracy Edge                        Douglas Jennings
Richard Quinn                     Jackson Whipper
H.B. "Chip" Limehouse             Chuck Allen
Timothy Wilkes                    Doug Smith
David Mack                        Joe Brown
Joseph Neal                       Ralph Davenport
Harry Askins                      Byron Webb
Larry Koon                        Ralph Canty
Theodore Brown

Total Present--120

STATEMENT OF ATTENDANCE

Rep. Ronald Townsend signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 29.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STUART a leave of absence on Thursday, February 24 and Tuesday, February 29 due to a terminal illness and death in the family.


Printed Page 1448 . . . . . Wednesday, March 1, 2000

DOCTOR OF THE DAY

Announcement was made that Dr. Ned Nicholson of Edgefield is the Doctor of the Day for the General Assembly.

CO-SPONSOR ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 4450 (Word version)
Date:   ADD:
03/01/00   WHATLEY

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

S. 1137 (Word version) -- Senator Grooms: A JOINT RESOLUTION DESIGNATING THE "FOXES" AS THE OFFICIAL MASCOT OF MACEDONIA MIDDLE SCHOOL IN BERKELEY COUNTY.


Printed Page 1449 . . . . . Wednesday, March 1, 2000

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4545 (Word version) -- Reps. Sandifer, Barrett, Cato and Trotter: A BILL TO AMEND SECTION 58-9-2540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADVISORY COMMITTEE TO THE PUBLIC SERVICE COMMISSION FOR MONITORING THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE FOR HEARING AND SPEECH-IMPAIRED PERSONS AND FOR HEARING AND VISUALLY-IMPAIRED PERSONS, SO AS TO ADD REPRESENTATIVES TO THE COMMITTEE FROM THE NATIONAL FEDERATION FOR THE BLIND OF SOUTH CAROLINA AND THE SOUTH CAROLINA COMMISSION FOR THE BLIND.

H. 4127--AMENDED AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4127 (Word version) -- Reps. Stuart, Cobb-Hunter, Gamble, Harris, J. Hines, Jennings, Lee, Littlejohn, Moody-Lawrence, Neilson, Ott, Rodgers, Simrill and Woodrum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, BY ADDING SECTION 59-67-546 SO AS TO PROVIDE THAT A LOCAL SCHOOL BOARD MAY ALLOW AN INDIVIDUAL TO RIDE A STATE-OWNED SCHOOL BUS OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS UNDER CERTAIN CIRCUMSTANCES AND MAY ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH A NON-SCHOOL RELATED ACTIVITY OR PROGRAM UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION MUST NOT BE CONSTRUED AS A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, AND TO PROVIDE THAT THE LOCAL SCHOOL BOARD SHALL INDEMNIFY THE STATE AGAINST LEGAL CLAIMS FILED AGAINST THE STATE DUE TO CERTAIN NEGLIGENT ACTS PERFORMED PURSUANT TO THIS SECTION.


Printed Page 1450 . . . . . Wednesday, March 1, 2000

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name \GGS\AMEND\22495CM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   The 1976 Code is amended by adding:

"Section 59-67-546.   (A)   For the 2000-2001, 2001-2002, 2002-2003 school years, the Chesterfield County School District is authorized to pilot a program, at no cost to the State, to determine the feasibility of using school bus transportation as part of a coordinated community transportation service. The Chesterfield County School District may allow an individual to ride a state-owned school bus operated on state Department of Education approved routes on a space-available basis. However, an adult may not ride if any pre-high school students are present on the bus. The board also may allow the use of state-owned school buses in conjunction with a nonschool related activity or program. The use of the state-owned school buses for the aforementioned purposes must be in accordance with local school board policies and state laws. Any use of state-owned school buses for these special activities or programs is subject to the permitting requirements of the Department of Education.
(B)   Nothing in this section must be construed as a waiver or abrogation of the state's limited immunity from liability and suit under the South Carolina Tort Claims Act. The local school board shall indemnify the State against legal claims filed against the State due to negligent acts performed by or on behalf of employees of the school board pursuant to this section.

(C)   Before allowing individuals to ride on a state-owned school bus, on state Department of Education approved routes on a space-available basis, a local school board must obtain a SLED background check on each individual who seeks permission to ride.

(D)   An adult who is given permission to ride on a state-owned school bus pursuant to this section must possess and wear a photo-identification card when riding on a bus that is carrying students. The identification card must be issued by the district and contain the following:

(1)   the signature and a recent photograph of the adult rider; and

(2)   language on the back of the card expressly stating that the State shall not waive or abrogate the state's limited immunity from liability and suit under the South Carolina Tort Claims Act.


Printed Page 1451 . . . . . Wednesday, March 1, 2000

(E)   For the purposes of this section, individuals other than school students must not be considered 'lawful occupants' under Section 59-67-710 or 59-67-790."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. STUART explained the amendment.
The amendment was then adopted.

Rep. STUART explained the Bill.

Reps. HINSON, KIRSH, ALTMAN, YOUNG-BRICKELL, MCGEE, TAYLOR and RICE requested debate on the Bill.

S. 565--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 565 (Word version) -- Senators Setzler, Moore, Leatherman and Leventis: A BILL TO AMEND CHAPTER 5, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, BY ADDING SECTION 29-5-440 SO AS TO PROVIDE FOR THE RIGHT TO SUE ON A PAYMENT BOND, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, FOR THE AMOUNT, OR BALANCE, UNPAID AT THE TIME OF INSTITUTING THE SUIT AND TO PROSECUTE THE ACTION TO FINAL EXECUTION AND JUDGMENT FOR THE SUM OR SUMS JUSTLY DUE; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO THE PROVISIONS FOR BOND AND SECURITY AND CONSTRUCTION SERVICES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE CERTAIN PROVISIONS RELATIVE TO THE RIGHT TO INSTITUTE SUITS ON PAYMENT BONDS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; TO AMEND SECTION 57-5-1660, AS AMENDED, RELATING TO THE STATE HIGHWAY SYSTEM, CONSTRUCTION CONTRACTS AND PURCHASES, AND AMOUNTS OF AND ACTIONS ON CONTRACTORS' BONDS, SO AS TO DELETE CERTAIN PROVISIONS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-120 SO AS


Printed Page 1452 . . . . . Wednesday, March 1, 2000

TO PROVIDE FOR THE PROVISIONS APPLICABLE TO THE INSTITUTION OF A SUIT WHEN THE STATE OR A COUNTY, A MUNICIPALITY, OR A POLITICAL SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPALITY CONTRACTS FOR CONSTRUCTION AND REQUIRES THE PERSON OR ENTITY PERFORMING THE WORK TO FURNISH A PAYMENT BOND, NOT GOVERNED BY CERTAIN OTHER PROVISIONS OF LAW, IN THE FULL AMOUNT OF THE CONTRACT FOR THE PROTECTION OF PERSONS WHO FURNISH LABOR OR MATERIAL TO THE CONTRACTOR OR HIS SUBCONTRACTORS FOR THE WORK SPECIFIED IN THE CONTRACT.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11768AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Chapter 5 of Title 29 of the 1976 Code is amended by adding:

"Section 29-5-440.   Every person who has furnished labor, material, or rental equipment to a bonded contractor or its subcontractors in the prosecution of work provided for in any contract for construction, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material or rental equipment was furnished or supplied by him for which such claim is made, shall have the right to sue on the payment bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute such action to final execution and judgment for the sum or sums justly due him.

A remote claimant shall have a right of action on the payment bond only upon giving written notice by certified or registered mail to the bonded contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment upon which such claim is made. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, rental equipment, or services, unless the remote claimant has provided notice of furnishing labor,


Printed Page 1453 . . . . . Wednesday, March 1, 2000

materials, or rental equipment to the bonded contractor. Such written notice to the bonded contractor shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage pre-paid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor, materials, or rental equipment, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond.

No suit under this section shall be commenced after the expiration of one year after the last date of furnishing or providing labor, services, materials, or rental equipment.

For purposes of this section, 'bonded contractor' means a contractor or subcontractor furnishing a payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor of a bonded contractor, but no contractual relationship expressed or implied with the bonded contractor."
SECTION   2.   Section 11-35-3030(2)(c) of the 1976 Code is amended to read:

"(c) Suits on Payment Bonds--Right to Institute. Every person who has furnished labor or, material, or rental equipment to the a bonded contractor or its his subcontractors for the work specified in the contract, in respect of which a payment bond is furnished under this section, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by such person or material or rental equipment was furnished or supplied by such person for which such claim is made, shall have the right to sue on the payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute such action for the sum or sums justly due such person. Any person having a direct contractual relationship with a subcontractor of the contractor, but no contractual relationship expressed or implied with the contractor furnishing such payment bond, A remote claimant shall have a right of action on the payment bond only upon giving written notice to the contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment upon which such claim is made, stating with substantial accuracy the amount claimed as unpaid and the name of the party to


Printed Page 1454 . . . . . Wednesday, March 1, 2000

whom the material or rental equipment was furnished or supplied or for whom the labor was done or performed. Such written notice to the bonded contractor shall be personally served or served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the bonded contractor at any place the bonded contractor maintains an a permanent office or conducts for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, rental equipment, or services, unless the remote claimant has provided notice of furnishing labor, materials, or rental equipment to the bonded contractor. Such written notice to the bonded contractor shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage prepaid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor, materials, or rental equipment, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond.

No suit under this section shall be commenced after the expiration of one year after the last date of furnishing or providing labor, services, materials, or rental equipment.

For purposes of this section, 'bonded contractor' means the contractor or subcontractor furnishing the payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor of a bonded contractor, but no contractual relationship expressed or implied with the bonded contractor."
SECTION   3.   Section 57-5-1660(b) of the 1976 Code is amended to read:

"(b)   Every person who has furnished labor or, material, or rental equipment in the prosecution of the work provided for in such contract, in respect of which such a bond has been furnished under this section and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material or rental equipment was furnished or supplied by him for which such claim is made, shall have


Printed Page 1455 . . . . . Wednesday, March 1, 2000

the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute such action to final execution and judgment for the sum or sums justly due him;. provided, however, that any person having direct contractual relationship with a sub-contractor but no contractual relationship expressed or implied with the contractor furnishing the bond A remote claimant shall have a right of action upon the bond only upon giving written notice by certified or registered mail to the contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment for which claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom material or rental equipment was furnished or supplied or for whom labor was done or performed. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, rental equipment, or services, unless the remote claimant has provided notice of furnishing labor, materials, or rental equipment to the bonded contractor. Such written notice to the bonded contractor shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage prepaid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of his business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor, materials, or rental equipment, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond.

For purposes of this section, 'bonded contractor' means the contractor or subcontractor furnishing the payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor, but no contractual relationship expressed or implied with the bonded contractor. No suit under this section shall be commenced after the expiration of one year after the date of the final settlement of the contract."
SECTION   4.   Chapter 1 of Title 11 of the 1976 Code is amended by adding:

"Section 11-1-120.   When the State or a county, city, public service district, or other political subdivision thereof, or other public entity contracts for construction and requires the person or entity


Printed Page 1456 . . . . . Wednesday, March 1, 2000

performing the work to furnish a payment bond not governed by Section 11-35-3030(2)(c) or Section 57-5-1660(b), for the protection of persons who furnish labor or, material, or rental equipment to the contractor or its subcontractors for the work specified in the contract, the following provisions shall apply.

Every person who has furnished labor or, material, or rental equipment to a bonded contractor or its subcontractors in the prosecution of the work provided for in the contract for construction, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material or rental equipment was furnished or supplied by him for which such claim is made, shall have the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute such action to final execution and judgment for the sum or sums justly due him.

A remote claimant shall have a right of action on the payment bond only upon giving written notice by certified or registered mail to the bonded contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment upon which such claim is made. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, rental equipment, or services, unless the remote claimant has provided notice of furnishing labor or, materials, or rental equipment to the bonded contractor. Such written notice to the bonded contractor shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage prepaid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor or, materials, or rental equipment, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond.

No suit under this section shall be commenced after the expiration of one year after the last date of providing or furnishing labor, materials, rental equipment, or services.


Printed Page 1457 . . . . . Wednesday, March 1, 2000

For purposes of this section, 'bonded contractor' means a contractor or subcontractor furnishing a payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor of a bonded contractor, but no contractual relationship expressed or implied with the bonded contractor."
SECTION   5.   Section 29-5-23 of the 1976 Code, as added by Act 368 of 1992 and amended by Act 34 of 1997, is further amended to read:

"Section 29-5-23.   Any person entering into a direct agreement with, or with the consent of, an owner for the improvement of real property may file with the clerk of court or register of deeds in the county or counties where the real property is situate a notice of project commencement. The notice of project commencement shall contain the following information:

(1)   the name and address of the person filing the notice of commencement;

(2)   the name and address of the owner or developer;

(3)   a general description of the improvement; and

(4)   the location of the project.

The notice must be filed within fifteen days of the commencement of work and must be accompanied by a filing fee of fifteen dollars to be deposited in that county's general fund. The name and address of the contractor must be posted at the job site. A location notice also must be posted at the job site. The location notice must contain the following statement: 'The contractor on the project has filed a notice of project commencement at the county courthouse. Sub-subcontractors and suppliers to subcontractors shall comply with Section 29-5-20 when filing liens in connection with this project.' The failure to file a notice of project commencement shall render the provisions of Sections 29-5-20(B) and 29-5-60(B) inapplicable. The failure to file a notice of project commencement shall also render the provisions of Sections 29-5-440, 11-35-3030(2)(c), 57-5-1660(b), and 11-1-120, relating to the requirement of a notice of providing labor, materials, or rental equipment inapplicable for a claim against a payment bond furnished by a contractor holding a direct contractual agreement with an owner. The filing of a notice of project commencement shall not constitute a cloud, lien, or encumbrance upon, or defect to, the title of the real property described in the notice, nor shall it alter the aggregate amounts of liens allowable under Section 29-5-40, nor shall it affect the priority of any mortgage filed before or after the notice, nor shall it affect any future advances under any


Printed Page 1458 . . . . . Wednesday, March 1, 2000

mortgage. The clerk of court or register of deeds in each county shall maintain a separate book and index of all notices of project commencements."
SECTION   6.   This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.

Rep. BAILEY explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4378--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4378 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES; AND TO DELETE PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.

Rep. BAILEY explained the Bill.

The Bill was read second time and ordered to third reading.


Printed Page 1459 . . . . . Wednesday, March 1, 2000

ORDERED TO THIRD READING

The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 4697 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS, LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, STANDARDS OF PRACTICE, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2377, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 4698 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO EFFECT OF DISCIPLINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2465, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 4700 (Word version) -- 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 THE REPEAL OF REGULATIONS 99-1 THROUGH 99-42; TO AMEND REGULATION 99-15 TO REQUIRE PHARMACISTS TO DISPLAY ANNUAL RENEWAL CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2468, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.


Printed Page 1460 . . . . . Wednesday, March 1, 2000

H. 4701 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO THE REQUIREMENTS FOR PERMANENT LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 4702 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2437, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 4699--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4699 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF OCCUPATIONAL THERAPY, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, BOARD MEETINGS, LICENSURE, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.


Printed Page 1461 . . . . . Wednesday, March 1, 2000

POINT OF ORDER

Rep. DAVENPORT made the Point of Order that the Joint Resolution was 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.

H. 4704--POINT OF ORDER

The following Bill was taken up:

H. 4704 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-100 SO AS TO PROVIDE THAT FOR PURPOSES OF REGULATION OF FOOD PREPARATION AND SERVICE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO REGULATION 61-25, A SPECIAL EVENT INCLUDING COMMUNITY CELEBRATIONS, FESTIVALS, AND SPECIAL PROMOTIONS IS AN EVENT WHICH EXCEEDS FOUR DAYS.

Rep. COOPER explained the Bill.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was 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.

S. 565--REQUEST FOR DEBATE WITHDRAWN

Rep. RICE withdrew his request for debate on the following Bill:

S. 565 (Word version) -- Senators Setzler, Moore, Leatherman and Leventis: A BILL TO AMEND CHAPTER 5, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, BY ADDING SECTION 29-5-440 SO AS TO PROVIDE FOR THE RIGHT TO SUE ON A PAYMENT BOND, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, FOR THE AMOUNT, OR BALANCE, UNPAID AT THE TIME OF INSTITUTING THE SUIT AND TO PROSECUTE THE ACTION TO FINAL EXECUTION AND JUDGMENT FOR THE SUM OR SUMS JUSTLY DUE; TO


Printed Page 1462 . . . . . Wednesday, March 1, 2000

AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO THE PROVISIONS FOR BOND AND SECURITY AND CONSTRUCTION SERVICES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE CERTAIN PROVISIONS RELATIVE TO THE RIGHT TO INSTITUTE SUITS ON PAYMENT BONDS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; TO AMEND SECTION 57-5-1660, AS AMENDED, RELATING TO THE STATE HIGHWAY SYSTEM, CONSTRUCTION CONTRACTS AND PURCHASES, AND AMOUNTS OF AND ACTIONS ON CONTRACTORS' BONDS, SO AS TO DELETE CERTAIN PROVISIONS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-120 SO AS TO PROVIDE FOR THE PROVISIONS APPLICABLE TO THE INSTITUTION OF A SUIT WHEN THE STATE OR A COUNTY, A MUNICIPALITY, OR A POLITICAL SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPALITY CONTRACTS FOR CONSTRUCTION AND REQUIRES THE PERSON OR ENTITY PERFORMING THE WORK TO FURNISH A PAYMENT BOND, NOT GOVERNED BY CERTAIN OTHER PROVISIONS OF LAW, IN THE FULL AMOUNT OF THE CONTRACT FOR THE PROTECTION OF PERSONS WHO FURNISH LABOR OR MATERIAL TO THE CONTRACTOR OR HIS SUBCONTRACTORS FOR THE WORK SPECIFIED IN THE CONTRACT.

S. 924--REQUEST FOR DEBATE WITHDRAWN

Rep. MCMAHAND withdrew his request for debate on S. 924 (Word version); however, other requests for debate remained on the Joint Resolution.

H. 4349--REQUESTS FOR DEBATE WITHDRAWN

Reps. BAILEY, BREELAND and J. HINES withdrew their requests for debate on the following Bill:

H. 4349 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL


Printed Page 1463 . . . . . Wednesday, March 1, 2000

BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.

R. 235, H. 4524--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R235) H. 4524 (Word version) -- Rep. Easterday: AN ACT TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENVILLE COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

Rep. EASTERDAY explained the Veto.

Rep. HAYES spoke in favor of the Veto.
Rep. EASTERDAY spoke against the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 31; Nays 6

Those who voted in the affirmative are:

Campsen                Cato                   Chellis
Davenport              Easterday              Edge
Fleming                Frye                   Gamble
Hamilton               Haskins                Huggins
Keegan                 Kelley                 Klauber
Knotts                 Leach                  Lee
Loftis                 Lucas                  McMahand
Quinn                  Rice                   Riser

Printed Page 1464 . . . . . Wednesday, March 1, 2000

Sandifer               Taylor                 Tripp
Webb                   Wilkins                Witherspoon
Young-Brickell

Total--31

Those who voted in the negative are:

Allen                  Hayes                  Koon
Rutherford             Wilder                 Wilkes

Total--6

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

S. 1149--AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1149 (Word version) -- Senators Matthews, Patterson, Anderson, Glover and Washington: A CONCURRENT RESOLUTION INVITING THE UNITED STATES SURGEON GENERAL AND ASSISTANT SECRETARY FOR HEALTH, THE CHIEF HEALTH OFFICIAL FOR THE COUNTRY, THE HONORABLE DAVID SATCHER, M.D., PH.D. TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 NOON ON TUESDAY, MARCH 7, 2000.

Whereas, the Honorable David Satcher, M.D., Ph.D. is the 16th Surgeon General of the United States and the Assistant Secretary for Health; and

Whereas, the Honorable David Satcher has served as the Director of the prestigious Centers for the Disease Control and Prevention (CDC), the agency responsible for promoting health and preventing disease, injury, and premature death; and

Whereas, during his tenure at CDC, Dr. Satcher spearheaded initiatives that increased childhood immunization rates nationally; and

Whereas, under Dr. Satcher's direction, the CDC placed a greater emphasis on disease prevention and highlighted the importance of physical activity and good health by encouraging Americans to become


Printed Page 1465 . . . . . Wednesday, March 1, 2000

more physically active in the landmark Surgeon General's Report on Physical Activity and Health; and

Whereas, Dr. Satcher has served as the President of Meharry Medical College; and

Whereas, the Surgeon General serves as the chief health officer and the national spokesperson on matters of public health and prevention; and

Whereas, public health interventions impact the lives of individuals and populations statewide and worldwide; and

Whereas, speaking before a joint session of the General Assembly is an honor reserved for leaders of national prominence. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the Surgeon General and Assistant Secretary for Health for the United States of America, the Honorable David Satcher, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 12:30 noon on Tuesday, March 7, 2000.

Be it further resolved that a copy of this resolution be forwarded to the Honorable David Satcher.

Rep. FLEMING proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21038SD00), which was adopted:
Amend the concurrent resolution, as and if amended, by striking /12:00 noon / on line 14, page 2, and inserting / 12:30 p.m./
Amend the resolution further, by striking /12:00 noon / in the title beginning on line 15, page 1, and inserting /12:30 p.m./
Renumber sections to conform.
Amend totals and title to conform.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.


Printed Page 1466 . . . . . Wednesday, March 1, 2000

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HASKINS.

H. 4450--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments:

H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR


Printed Page 1467 . . . . . Wednesday, March 1, 2000

INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.

Rep. CAMPSEN proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\AMEND\9270MM00), which was tabled:
Amend the bill, as and if amended, beginning on line 2, page 4 through line 43 on page 5, by deleting Section 56-15-46 in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. CAMPSEN explained the amendment.

Rep. CATO spoke against the amendment.

Rep. CATO moved to table the amendment.

Rep. CAMPSEN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 46 to 5.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARRISON a leave of absence for the remainder of the day to appear in court.

Reps. EASTERDAY and CAMPSEN proposed the following Amendment No. 5 (Doc Name \DKA\AMEND\3739MM00), which was tabled:
Amend the bill, as and if amended, page 6, line 2, by striking / SECTION 2 / and inserting / SECTION 3 /.
Amend further, page 6, by inserting after line 35:
/ SECTION 4.   Chapter 15, Title 56 of the 1976 Code is amended by adding:


Printed Page 1468 . . . . . Wednesday, March 1, 2000

"Section 56-15-85.   This chapter does not prohibit a manufacturer, wholesaler, retailer, or dealership located in this State from contracting with an on-line electronic service to provide motor vehicles to consumers in this State." /
Renumber Sections to conform.
Amend title to conform.

Rep. CAMPSEN explained the amendment.

Rep. EASTERDAY spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment.

Rep. CATO moved to table the amendment.

Rep. CAMPSEN demanded the yeas and nays which were taken, resulting as follows:

Yeas 82; Nays 9

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bowers                 Brown, G.              Carnell
Cato                   Chellis                Clyburn
Dantzler               Davenport              Delleney
Edge                   Emory                  Fleming
Frye                   Gamble                 Harris
Hawkins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Lloyd
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McGee
McLeod, M.             McLeod, W.             McMahand
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Rice
Robinson               Rodgers                Sandifer
Sharpe                 Sheheen                Simrill

Printed Page 1469 . . . . . Wednesday, March 1, 2000

Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Walker
Webb                   Whipper                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--82

Those who voted in the negative are:

Campsen                Cotty                  Easterday
Govan                  Hamilton               Harrell
McKay                  Perry                  Rutherford

Total--9

So, the amendment was tabled.

Rep. HOWARD proposed the following Amendment No. 6 (Doc Name COUNCIL\GGS\AMEND\22533CM00), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered Section:
/ SECTION   _____.   The 1976 Code is amended by adding:

"Section 56-15-48.   A motor vehicle dealer must provide job opportunities for African Americans and women at every level of his dealership." /

Renumber sections to conform.

Amend title to conform.

Rep. HOWARD explained the amendment.

Rep. CATO moved to table the amendment.

Rep. HOWARD demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 27

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Bowers
Brown, H.              Campsen                Carnell

Printed Page 1470 . . . . . Wednesday, March 1, 2000

Cato                   Chellis                Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harris
Hawkins                Huggins                Keegan
Kelley                 Kirsh                  Klauber
Koon                   Law                    Leach
Loftis                 Lucas                  Martin
McCraw                 Meacham-Richardson     Miller
Neilson                Ott                    Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Simrill                Smith, R.              Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--66

Those who voted in the negative are:

Bailey                 Bales                  Breeland
Brown, T.              Clyburn                Emory
Gourdine               Govan                  Harvin
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Jennings
Kennedy                Lloyd                  Mack
McLeod, W.             Moody-Lawrence         Neal, J.H.
Neal, J.M.             Parks                  Rutherford
Scott                  Smith, J.              Whipper

Total--27

So, the amendment was tabled.

Rep. HOWARD proposed the following Amendment No. 7 (Doc Name COUNCIL\GGS\AMEND\22534CM00), which was ruled out of order:


Printed Page 1471 . . . . . Wednesday, March 1, 2000

Amend the bill, as and if amended, by adding the following appropriately numbered Section:
/ SECTION   _____.   The 1976 Code is amended by adding:

"Section 56-15-49.   A motor vehicle dealer must offer to his employees the identical employee benefit package that the motor vehicle manufacturer from which he obtains the motor vehicles he sells offers to its employees. This benefit package must include retirement, health and life insurance benefits, and discounts for the purchase of automobiles from the dealer." /

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. TRIPP raised the Point of Order that Amendment No. 7 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. HOWARD proposed the following Amendment No. 8 (Doc Name COUNCIL\GGS\AMEND\22535CM00), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered Section:
/ SECTION   _____.   The 1976 Code is amended by adding:

"Section 56-15-46.   A motor vehicle dealer must pass along all monetary and financial incentives that he receives from an automobile manufacturer to the purchaser of every motor vehicle sold by his dealership." /

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. TRIPP raised the Point of Order that Amendment No. 8 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. HOWARD explained the amendment.

Rep. LAW moved to table the amendment.


Printed Page 1472 . . . . . Wednesday, March 1, 2000

Rep. HOWARD demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 17

Those who voted in the affirmative are:

Allen                  Allison                Altman
Barfield               Barrett                Brown, H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Gamble                 Gilham
Hamilton               Harrell                Harris
Harvin                 Hawkins                Hayes
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Limehouse              Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  McLeod, W.
Meacham-Richardson     Neilson                Ott
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Simrill                Smith, D.
Smith, J.              Smith, R.              Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Young-Brickell

Total--71

Those who voted in the negative are:

Bales                  Clyburn                Gourdine
Govan                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Kennedy                Lloyd                  Mack

Printed Page 1473 . . . . . Wednesday, March 1, 2000

Moody-Lawrence         Neal, J.H.             Parks
Rutherford             Scott

Total--17

So, the amendment was tabled.

Rep. HOWARD proposed the following Amendment No. 9 (Doc Name COUNCIL\GGS\AMEND\22536CM00), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered Section:
/ SECTION   _____.   The 1976 Code is amended by adding:

"Section 56-15-45.   A motor vehicle dealer must purchase advertisements in every African American, and female-owned print, radio, and television media outlet within the geographical region in which his dealership is assigned." /

Renumber sections to conform.

Amend title to conform.

Rep. HOWARD explained the amendment.

POINT OF ORDER

Rep. TRIPP raised the Point of Order that Amendment No. 9 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. HOWARD proposed the following Amendment No. 10 (Doc Name COUNCIL\GGS\AMEND\22537CM00), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered Section:
/ SECTION   _____.   The 1976 Code is amended by adding:

"Section 56-15-47.   A motor vehicle dealership must assist African Americans and women obtain motor vehicle dealerships." /

Renumber sections to conform.

Amend title to conform.

Rep. HOWARD explained the amendment.


Printed Page 1474 . . . . . Wednesday, March 1, 2000

POINT OF ORDER

Rep. TRIPP raised the Point of Order that Amendment No. 10 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. J. SMITH proposed the following Amendment No. 11 (Doc Name COUNCIL\PSD\AMEND\7091DJC00), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION immediately after SECTION 2, to be appropriately numbered, which shall read:
/SECTION ____.   The 1976 Code is amended by adding:

"Section 56-15-85.   This chapter does not prohibit a dealership located in this State from contracting with an on-line electronic service to provide motor vehicles to consumers in this State."   /
Renumber sections to conform.

Rep. J. SMITH explained the amendment.
The amendment was then adopted.

Reps. T. BROWN, CATO and LAW proposed the following Amendment No. 12 (Doc Name GJK\AMEND\21048DJC00), which was adopted:
Amend the bill, as and if amended, in Section 56-15-45(A)(1) as contained in SECTION 2, page 2, line 31, by adding:
/ provided, that on a showing by a manufacturer or franchisor of good cause, a court of competent jurisdiction may extend the time limit set forth herein for periods of up to an additional twelve months; /
Renumber sections to conform.
Amend totals and title to conform.

Rep. T. BROWN explained the amendment.
The amendment was then adopted.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 96; Nays 3


Printed Page 1475 . . . . . Wednesday, March 1, 2000

Those who voted in the affirmative are:
Allen                  Allison                Askins
Bales                  Barfield               Barrett
Battle                 Bowers                 Brown, G.
Brown, H.              Brown, T.              Carnell
Cato                   Chellis                Clyburn
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Frye                   Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harvin                 Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Maddox                 Martin
McCraw                 McGee                  McMahand
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, J.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--96


Printed Page 1476 . . . . . Wednesday, March 1, 2000

Those who voted in the negative are:
Campsen                McKay                  Perry

Total--3

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I was outside of the chamber at the time the vote was taken on H. 4450. I would like to be recorded as voting in favor of H. 4450.
Rep. Walt McLeod

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ADDRESS BY CHIEF JUSTICE ERNEST A. FINNEY, JR.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4510 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 1, 2000.

Chief Justice Ernest A. Finney, Jr. and distinguished party were escorted to the rostrum by Senators THOMAS, WILSON, MATTHEWS, RUSSELL and ANDERSON and Representatives SCOTT, LUCAS, CAMPSEN, MADDOX and ROBINSON.
The President of the Senate introduced Chief Justice Finney.

Chief Justice Finney addressed the Joint Assembly as follows:


Printed Page 1477 . . . . . Wednesday, March 1, 2000

Mr. President, Mr. Speaker, other members of this 113th General Assembly, other state officials, members of the Judiciary, honored guests, ladies and gentlemen:

In retrospect, it may have been a bit premature to announce my retirement fifteen months in advance of my departure. Since that time, I have been called upon to give several "final" reports on the State of the South Carolina Judiciary. I believe it is safe to say that today you will hear the last of the "final" reports.

After one such message in late January, headlines in newspapers from Charleston to Greenville reported my assessment of the Judicial System as being "the more things change, the more they remain the same." Not wanting to appear ungrateful, I have eagerly looked forward to this opportunity to finally address you concerning what has changed and to elaborate on those conditions which remain the same. So I thank you for the invitation.

From my vantage point, the Judiciary has experienced significant changes for the better since midway through FY 1994-95.

Let us look first at what has occurred in the realm of state appropriations for the Judiciary. At the time I was sworn in as Chief Justice in 1994, the courts were overextended, understaffed and overwhelmed by the sheer volume of the caseload, and the Judicial Branch was severely underfunded.

For example, the Judicial Branch share of the $2.25 billion state budget for FY 1984-85 was .82%. By FY 1994-95, a decade later, the state budget had increased to almost $4 billion. But over the same ten-year period, our share of the state budget pie had decreased to .72%. Moreover, the FY 1994-95 allocation for judicial travel was actually 25% less than it was for FY 1986-87. During this period, a sizeable portion of our appropriations for continuing expenses was in non-recurring funds.

From FY 1994-95 to FY 1999-00, the dollar amount appropriated for the Judicial Branch has increased by roughly 70.6%. Reflecting the rise in cost for goods and services, the amount of the state budget has increased to almost $5 billion. Ironically, the current budget share for the Judicial Branch of state government is eighty-two one-hundredths (.82) of 1% - the same level as fifteen years ago - a substantial amount of which is still in non-recurring funds.

Therefore, the Judicial Branch budget request for FY 2000-01 reflects a need for increased appropriations and for allocations for annual expenses in recurring funds. Funding is channeled into four interrelated components, each of which is vital to the functions of the


Printed Page 1478 . . . . . Wednesday, March 1, 2000

Judiciary as mandated by the Constitution. These components are human resources, programs, information technology and operations.

With regard to human resources, during the five-year period inclusive of the current fiscal year, we have obtained legislative authorization for 95 new FTE positions - an 18.5 % increase. Of this number, 15 were for judges and 8 for court reporters. Despite the additional personnel, our court dockets remain too congested. However, reports on case filings and dispositions indicate that without these new positions, our court system would now be on the brink of a crisis.

In 1996, the three new judges for the Court of Appeals created a third panel and facilitated restructuring of the appellate caseload. Reorganization has been completed, and certain docketing functions and classes of cases have been transferred from the Supreme Court to the Court of Appeals. The Supreme Court currently considers petitions for writs of certiorari, certified questions of law, actions and extraordinary writs, and the five classes of cases reserved by statute for Supreme Court review.

Another area which has been and continues to be of concern is the extremely high turnover rate at all levels of the workforce. We found that our entry-level salaries were not competitive. Furthermore, experienced employees could command higher compensation with other government employers or in the private sector.

The salary structure became an issue where salaries paid to staff members performing similar functions differed appreciably from person to person within the Judicial Branch and, generally, was less than compensation for their counterparts in other branches of state government.

Since 1995, the effort to attract and retain experienced employees has involved ongoing reviews, upgrading job descriptions, reorganizing division structures, providing pay incentives where possible, and increasing the opportunity for upward mobility within the branch. The budget request currently under consideration contains proposals for salary increases and employee continuing education and training.

We believe these items are crucial to the resolution of the hiring, motivation, and retention dilemma which still plagues the branch despite noticeable success in addressing these personnel issues.

Obviously, an experienced, highly motivated work force is a prerequisite to the successful operation of our courts. During calendar year 1994, every state court at all levels of the system experienced record activity and corresponding case backlogs. In my first State of


Printed Page 1479 . . . . . Wednesday, March 1, 2000

the Judiciary Message in 1995, I referenced the projection that this trend was expected to become more pronounced with the implementation of new legislation which enhanced penalties, provided for additional court hearings, and generated more appellate court proceedings. These projections have materialized.

In addition to attacking the existing backlog of cases, the Judiciary was confronted with an influx of new cases in quadruplet; first, traditional civil and criminal matters; second, mushrooming dockets generated by rapid population growth; third, spiraling family court and general sessions cases reflecting troubled families and the alarming number of potential general sessions offenses committed by juveniles; and fourth, a new class of cases which have their genesis in recent technology, economic expansion and environmental law.

The new judges and court reporters have been augmented by various docket management strategies to facilitate the disposition of cases. Some of these innovations have been accomplished by redirecting resources in association with other components of the South Carolina Justice System such as the bar and solicitors. Others require state appropriations.

With legislative funding, pilot Alternative Dispute Resolutions programs have been implemented in six counties in different judicial circuits. You have under consideration our request for appropriations to expand the ADR pilot to include four additional judicial circuits. Early reports indicate that ADR may be a potent and cost-effective measure for reducing trial dockets.

Drug Treatment Courts is another program which, in addition to its value in terms of human rehabilitation and crime reduction, offers a promising alternative for the disposition of drug-related offenses, which now occupy a disproportionate portion of our trial court dockets. Apparently there is a consensus among the three branches of state government that we shall have a uniform statewide system of Drug Treatment Courts. But the devil is in the details.

I ask your indulgence to offer the following cautionary note to the program planners, budget writers and those individuals charged with the responsibility of implementing and operating this vital program. To achieve maximum effectiveness and to reap the several benefits inherent in this undertaking, the enabling legislation should comport, to the letter, with the program's denomination as a court.

This means that Drug Treatment Courts would be autonomous and that they would function on the order of a court with the exception that there would be a guarantee of the opportunity for treatment and


Printed Page 1480 . . . . . Wednesday, March 1, 2000

rehabilitation. Furthermore, the job descriptions for persons who serve the court as professionals and staff should provide for a rate of compensation and require a level of training which anticipate minimum compliance which is competent and in accord with the spirit of the Drug Treatment Court concept.

If this program fulfills its potential, I believe Drug Treatment Courts could rival ADR for effectiveness in immediately relieving congested dockets and speeding up the disposition of cases. We have been unable to address the docket backlogs and simultaneously keep up with the proliferation of new cases. For example, in comparing the number of cases filed during FY 1996-97 with the number for FY 1997-98, general sessions case filings rose by over 112,000 (112,333), and common pleas filings by over 50,000 (50,208) cases. Your recent enactment of the Magistrate Court Reform Act, which expands the jurisdiction of magistrates, is expected to have the long-term effect of reducing the circuit court dockets.

Additional personnel, reorganization of the appellate process and focusing on docket control have increased the number of dispositions and the speed at which cases move through the courts. Nevertheless, the Judiciary has no control over the number or nature of cases thrust upon the courts. Once cases are filed, they proceed on a course prescribed by the Constitution where the judge, the prosecution and the defense each have interrelated but absolutely distinct functions, which may or may not serve the goal of expediency.

The Judiciary is acutely aware of the need for accountability in the discharge of its duties, and we have addressed this issue in the following manner.

In 1997, the Commission on Judicial Conduct and the Commission on Lawyer Conduct became effective under amended rules which provide for more disclosure and greater efficiency in judicial and attorney disciplinary enforcement. Facilities in the Calhoun Building have been upgraded to provide accommodations for the two commissions.

More intensive orientation and judicial continuing legal education have been implemented for family and circuit court judges. Magistrates are required to participate in orientation.

We have continued the integration of information technology into branch operations and converted from a calendar year to a fiscal year method of accounting. These measures facilitate compliance with state and federal reporting requirements and also brings the Judicial Branch


Printed Page 1481 . . . . . Wednesday, March 1, 2000

into alignment with the Executive and Legislative Branches of state government.

In my first State of the Judiciary message in 1995, I appealed for courageous, insightful and bipartisan leadership from this body in allocating funds and crafting legislation to enable the Judicial Branch to fulfill both the spirit and the letter of its constitutional mandates.

In a cooperative effort worthy of commendation, the legislature has made available the resources which enabled these positive changes. I thank you for the spirit of cooperation and the opportunity to be heard at each step of the process.

But, let me hasten to say that the advances which have occurred over the past five years have only permitted the court system to remain viable. Furthermore, the success of our efforts is not to be gauged nor is our progress measured by the usual standards.

In addition to the inability to control the generation of cases, other factors and entities enter into the process of adjudication.

The Executive Branch is charged with the responsibility of prosecuting offenses. The Legislative Branch appropriates funding for court operations. The counties furnish facilities and support personnel for the courts. Only in the case of a unified effort on the part of all segments can the state court system operate in a fair, effective and efficient manner.

We count the past five years as successful in that, together, the three branches of state government have initiated the changes necessary to keep our state courts functioning in accordance with our roles as enunciated in our Constitution. Hence, I believe that we have discharged our respective responsibilities appropriately.

Personally, I trust that the record will reflect and history will verify that in the year 2000, I left the Judiciary of South Carolina in better condition than when I came into office.

As for my tenure, I would like to think that I followed the advice of President Theodore Roosevelt who admonished, "Do what you can with what you have where you are." With regard to any legacy which may be attributed to me, I would like for it to be no more nor any less than the personal assessment of his own career by the late United States Supreme Court Justice Thurgood Marshall who simply said, "I did the best I could with what I had."

Mr. President, Mr. Speaker and members of this Joint Assembly, thank you for your warm spirit of cooperation always and for your kind attention today.


Printed Page 1482 . . . . . Wednesday, March 1, 2000

Upon the conclusion of his address, Chief Justice Finney and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:30 p.m. the House resumed, the SPEAKER in the Chair.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1149 :
S. 1149 (Word version) -- Senators Matthews, Patterson, Anderson, Glover and Washington: A CONCURRENT RESOLUTION INVITING THE UNITED STATES SURGEON GENERAL AND ASSISTANT SECRETARY FOR HEALTH, THE CHIEF HEALTH OFFICIAL FOR THE COUNTRY, THE HONORABLE DAVID SATCHER, M.D., PH.D. TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON TUESDAY, MARCH 7, 2000.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 1, 2000

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber immediately following the Joint Assembly for the purpose of Ratifying Acts.

Very respectfully,

President


Printed Page 1483 . . . . . Wednesday, March 1, 2000

On motion of Rep. HASKINS the invitation was accepted.

H. 4017--DEBATE ADJOURNED

Rep. KEEGAN moved to adjourn debate upon the following Bill until Tuesday, March 7, which was adopted:

H. 4017 (Word version) -- Ways and Means Committee: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.


Printed Page 1484 . . . . . Wednesday, March 1, 2000

Rep. RHOAD moved that the House do now adjourn.

Rep. RHOAD demanded the yeas and nays which were taken, resulting as follows:

Yeas 10; Nays 76

Those who voted in the affirmative are:

Bowers                 Cato                   Davenport
Easterday              Fleming                Hosey
Howard                 Koon                   Rhoad
Robinson

Total--10

Those who voted in the negative are:

Askins                 Bailey                 Bales
Barrett                Battle                 Brown, G.
Brown, H.              Chellis                Clyburn
Cotty                  Dantzler               Delleney
Emory                  Frye                   Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Haskins                Hawkins                Hayes
Hines, M.              Hinson                 Huggins
Jennings               Keegan                 Kelley
Kirsh                  Knotts                 Leach
Lee                    Limehouse              Lourie
Lucas                  Mack                   Maddox
Martin                 McGee                  McKay
McLeod, M.             McLeod, W.             McMahand
Meacham-Richardson     Miller                 Neal, J.M.
Parks                  Perry                  Phillips
Quinn                  Rice                   Riser
Rodgers                Rutherford             Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Tripp                  Trotter
Webb                   Whipper                Wilder

Printed Page 1485 . . . . . Wednesday, March 1, 2000

Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--76

So, the House refused to adjourn.

MOTION ADOPTED

Rep. SANDIFER moved that upon the completion of the Ratification of Acts, the House recede until 2:15 p.m., which was agreed to.

RATIFICATION OF ACTS

At 12:40 p.m. the House attended in the Senate Chamber, where the following Acts were duly ratified:

(R236, S. 418 (Word version)) -- Senator Bryan: AN ACT TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR 911 SERVICES, SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD, IN ADDITION TO THE COMMERCIAL MOBILE RADIO SERVICE (CMRS) EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, TO CALCULATE THE CMRS 911 CHARGE FOR EACH CMRS; AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO CLARIFY COMMITTEE COMPOSITION, TO INCREASE THE MAXIMUM AMOUNT OF REVENUE THAT MAY BE HELD AND DISTRIBUTED FROM THIRTY-NINE PERCENT TO THIRTY-NINE AND EIGHT TENTHS PERCENT FOR EXPENSES INCURRED BY PROVIDERS OF 911 SERVICES, AND FROM FIFTY-SEVEN PERCENT TO FIFTY-EIGHT AND TWO TENTHS PERCENT FOR FUNDS TO BE UTILIZED BY PROVIDERS TO COMPLY WITH FEDERAL REQUIREMENTS, AND TO EXTEND THE EXISTENCE OF THE ADVISORY COMMITTEE FROM AUGUST 1, 2001 TO AUGUST 1, 2004.

(R237, S. 848 (Word version)) -- Senators Glover, McGill, Land and Elliott: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE FLORENCE COUNTY TRANSPORTATION COMMITTEE.


Printed Page 1486 . . . . . Wednesday, March 1, 2000

(R238, S. 943 (Word version)) -- Senators Mescher, Passailaigue, Grooms and Branton: AN ACT TO AMEND ACT 1093 OF 1966, AS AMENDED, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION IN BERKELEY COUNTY, SO AS TO FURTHER PROVIDE FOR MEMBERSHIP ON THE COMMISSION.

(R239, S. 1020 (Word version)) -- Senators Passailaigue, Saleeby, Hayes, Matthews, Patterson, McConnell, Ford, Reese and Courtney: AN ACT TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO INCLUDE AS A FINANCIAL INSTITUTION A FEDERAL OR STATE AGENCY WHICH LENDS OR INVESTS FUNDS, TO DEFINE "LOAN CALL" AND "LOAN CALL AGREEMENT" AND REDEFINE "LOAN LIMITS", AND TO PROVIDE FOR A WRITTEN LOAN AGREEMENT BETWEEN A CORPORATION AND ITS MEMBERS RATHER THAN A STATUTORY LINE OF CREDIT; TO AMEND SECTION 33-37-70, AS AMENDED, RELATING TO TAXATION OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THE STATE TAX EXEMPTIONS ALSO FOR A SUBSIDIARY CORPORATION; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO POWERS OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THAT A BUSINESS DEVELOPMENT CORPORATION MAY NOT MORTGAGE OR ASSIGN ITS ASSETS EXCEPT ON A PRO RATA BASIS TO ALL PARTIES PROVIDING CREDIT, OTHER THAN FOR SHORT-TERM LOANS AND PURCHASE MONEY LOANS FOR THE ACQUISITION OF CERTAIN INDUSTRIAL AND BUSINESS ASSETS, TO PROVIDE FOR THE POWERS OF A BUSINESS DEVELOPMENT CORPORATION'S SUBSIDIARY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 33-37-450, AS AMENDED, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS, SO AS TO PROVIDE FOR DETERMINATION OF THE NUMBER OF ADDITIONAL VOTES OF A MEMBER BY ITS LOAN LIMIT PURSUANT TO THE LOAN CALL AGREEMENT; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE BUSINESS DEVELOPMENT CORPORATION, SO AS TO DELETE STATUTORY REQUIREMENTS FOR LINES OF CREDIT AND PROVIDE FOR LINES OF CREDIT PURSUANT TO MUTUAL


Printed Page 1487 . . . . . Wednesday, March 1, 2000

AGREEMENT, DECREASE FROM TWENTY TO TEN PERCENT THE TOTAL AMOUNT A MEMBER MAY HAVE OUTSTANDING AT ANY ONE TIME ON LOANS TO THE CORPORATION, TO PROVIDE FOR REVOLVING LINES OF CREDIT AND LEAD LENDERS, AND TO DELETE THE AUTOMATIC INCREASE IN LINES OF CREDIT OF MERGING ENTITIES; AND BY ADDING SECTION 33-37-465 SO AS TO PROVIDE FOR THE MAKING AND SECURING OF SHORT-TERM LOANS TO THE CORPORATION BY A MEMBER.

(R240, S. 1026 (Word version)) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: AN ACT TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS


Printed Page 1488 . . . . . Wednesday, March 1, 2000

AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS REQUIREMENT; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A RATE INCREASE, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THESE PROCEDURES.

(R241, H. 3786 (Word version)) -- Rep. Fleming: AN ACT TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN A GENERAL ELECTION, SO AS TO PROVIDE THAT THE STATEMENT OF INTENTION OF CANDIDACY MUST CONTAIN A STATEMENT THAT THE CANDIDATE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE PARTICULAR OFFICE SOUGHT; TO AMEND SECTION 7-11-210, AS AMENDED, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO INCLUDE CANDIDATES NOMINATED BY POLITICAL PARTY CONVENTION, PROVIDE THAT A CANDIDATE MUST CERTIFY THAT HE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE PARTICULAR OFFICE SOUGHT; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO CERTIFICATION OF NAMES OF PRIMARY CANDIDATES, SO AS TO REQUIRE WRITTEN CERTIFICATION AND PROVIDE THAT POLITICAL PARTIES MUST VERIFY QUALIFICATIONS OF CANDIDATES PRIOR TO CERTIFICATION; TO AMEND SECTION 7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO PROVIDE THAT EACH COUNTY ELECTION COMMISSION MUST PROVIDE A COPY OF EACH BALLOT STYLE TO BE USED FOR PRIMARY, GENERAL, AND SPECIAL ELECTIONS IN THE ABSENTEE PRECINCT TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION NOT LATER THAN SEPTEMBER FIFTEENTH IN THE CASE OF GENERAL ELECTIONS, AND NOT LATER THAN FORTY DAYS PRIOR TO THE DATE OF THE ELECTION IN THE CASE OF SPECIAL AND PRIMARY ELECTIONS; TO AMEND SECTION 7-13-330, RELATING TO THE FORM OF A GENERAL ELECTION BALLOT, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 7-13-350, AS AMENDED,


Printed Page 1489 . . . . . Wednesday, March 1, 2000

RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT CERTIFICATION MUST BE IN WRITING AND MUST BE EFFECTED NOT LATER THAN AUGUST FIFTEENTH, RATHER THAN SEPTEMBER FIRST, REQUIRE POLITICAL PARTIES NOMINATING CANDIDATES BY PRIMARY OR CONVENTION TO VERIFY THE QUALIFICATIONS OF THOSE CANDIDATES BEFORE CERTIFICATION TO THE AUTHORITY CHARGED BY LAW WITH PREPARING THE BALLOT, REQUIRE THE WRITTEN CERTIFICATION REQUIRED BY THIS SECTION TO CONTAIN A STATEMENT THAT EACH CANDIDATE CERTIFIED MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE OFFICE FOR WHICH HE HAS FILED, AND TO PROHIBIT THE CANDIDATE'S NAME FROM BEING PLACED ON THE BALLOT IF HE DOES NOT MEET THE QUALIFICATIONS FOR THE OFFICE FOR WHICH HE HAS FILED; TO AMEND SECTION 7-13-351, AS AMENDED, RELATING TO NOMINEES BY PETITION, SO AS TO PROVIDE THAT ANY PETITION MUST BE SUBMITTED TO THE APPROPRIATE AUTHORITY NOT LATER THAN JULY FIFTEENTH RATHER THAN AUGUST FIRST; TO FURTHER PROVIDE THAT THE BOARD OF VOTER REGISTRATION OF EACH COUNTY MUST CERTIFY THE PETITION TO THE AUTHORITY NOT LATER THAN AUGUST FIFTEENTH RATHER THAN SEPTEMBER FIRST AND REQUIRE THE CANDIDATE TO CERTIFY THAT HE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE OFFICE SOUGHT, AND TO REQUIRE THE AUTHORITY TO WHOM THE CERTIFICATION IS MADE TO VERIFY THE QUALIFICATIONS OF EACH PETITION CANDIDATE BEFORE CERTIFICATION OF THAT CANDIDATE'S NAME TO BE PLACED ON THE BALLOT; TO AMEND SECTION 7-13-352, AS AMENDED, RELATING TO THE DATE BY WHICH STATEMENTS OF CANDIDACY MUST BE FILED, SO AS TO CHANGE THE DATE FROM NOT LATER THAN SEPTEMBER FIRST TO NOT LATER THAN AUGUST FIFTEENTH, AND REQUIRE EACH CANDIDATE TO AFFIRM IN WRITING, THAT HE MEETS, OR WILL MEET BY THE TIME OF THE ELECTION, THE QUALIFICATIONS FOR THE OFFICE SOUGHT AND REQUIRE THE AUTHORITY TO WHOM THE CERTIFICATION IS MADE TO VERIFY THE QUALIFICATIONS

Printed Page 1490 . . . . . Wednesday, March 1, 2000

OF EACH CANDIDATE NOMINATED BY A STATEMENT OF CANDIDACY BEFORE CERTIFICATION OF THAT CANDIDATE'S NAME TO BE PLACED ON THE BALLOT; AND TO AMEND SECTION 7-13-355, RELATING TO THE TIME FOR SUBMITTING A REFERENDUM QUESTION TO THE APPROPRIATE ELECTION COMMISSION FOR SUBMISSION AS A REFERENDUM TO ELECTORS, SO AS TO CHANGE THE DATE BY WHICH THE QUESTION MUST BE SUBMITTED TO THE COMMISSION FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH.

(R242, H. 3804 (Word version)) -- Reps. Knotts, Whatley, Seithel, Koon, McGee, Wilkins, Harrison, Allison, Altman, Askins, Bales, Barrett, Battle, Bauer, Beck, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Gilham, Gourdine, Hamilton, Haskins, Hawkins, Hinson, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Lourie, Lucas, Mason, McCraw, M. McLeod, Meacham-Richardson, Miller, J.H. Neal, Neilson, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilder, Woodrum and Young-Brickell: AN ACT TO AMEND SECTION 10-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CARRYING OR DISCHARGING A FIREARM, EXPLOSIVE, OR INCENDIARY DEVICE ON THE CAPITAL GROUNDS, SO AS TO REMOVE REFERENCES TO EXPLOSIVE OR INCENDIARY DEVICE; TO ADD SECTION 10-11-325 SO AS TO ESTABLISH THE OFFENSE OF POSSESSING, TRANSPORTING, OR DETONATING AN EXPLOSIVE, DESTRUCTIVE DEVICE, OR INCENDIARY DEVICE ON THE CAPITOL GROUNDS OR WITHIN THE CAPITOL BUILDING, AND TO PROVIDE PENALTIES; TO AMEND SECTION 10-11-360, AS AMENDED, RELATING TO THE PENALTIES FOR COMMITTING CERTAIN OFFENSES ON THE CAPITOL GROUNDS, SO AS TO CREATE AN EXCEPTION FOR THE OFFENSE OF POSSESSING, TRANSPORTING, OR DETONATING AN EXPLOSIVE; TO AMEND SECTION 16-8-10, RELATING TO DEFINITIONS USED IN CIVIL DISORDER OFFENSES, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 16-8-20, RELATING TO THE OFFENSE OF TEACHING OR DEMONSTRATING THE USE


Printed Page 1491 . . . . . Wednesday, March 1, 2000

OF FIREARMS OR EXPLOSIVE DEVICES, SO AS TO ADD DESTRUCTIVE DEVICE; TO AMEND CHAPTER 23, TITLE 16, RELATING TO WEAPONS, BY ADDING ARTICLE 7 SO AS TO PROVIDE DEFINITIONS RELATING TO BOMBS, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION, TO PROHIBIT THE MANUFACTURE, TRANSPORTATION, POSSESSION, OR USE OF BOMBS, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 16-11-540, 16-11-550, AND 16-11-555 ALL RELATING TO OFFENSES INVOLVING AN EXPLOSIVE OR INCENDIARY.

(R243, H. 4442 (Word version)) -- Reps. Cato and Tripp: AN ACT TO ENACT THE "PROTECTED CELL INSURANCE COMPANY ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 10, SO AS TO, AMONG OTHER THINGS, AUTHORIZE AN INSURANCE COMPANY TO CREATE AND SEGREGATE AN IDENTIFIED POOL OF ASSETS AND LIABILITIES FROM THE REMAINDER OF THE COMPANY'S ASSETS AND LIABILITIES FOR THE PURPOSE OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL AND ACHIEVING BENEFITS OF INSURANCE SECURITIZATIONS; TO PROVIDE PROCEDURES FOR ESTABLISHING PROTECTED CELL COMPANIES; TO PROVIDE FOR THE USE AND OPERATION OF PROTECTED CELLS; AND TO PROVIDE FOR THE AVAILABILITY OF PROTECTED CELL ASSETS TO CREDITORS AND OTHER CLAIMANTS.

(R244, H. 4635 (Word version)) -- Reps. Webb, Rice, Robinson and Trotter: AN ACT TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE DISTRICTS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN


Printed Page 1492 . . . . . Wednesday, March 1, 2000

ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

THE HOUSE RESUMES

At 2:15 p.m. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

ACTING SPEAKER WITHERSPOON IN CHAIR

SPEAKER IN CHAIR

S. 226--DEBATE ADJOURNED

The following Bill was taken up:

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.

Rep. SHEHEEN moved to continue the Bill.

The House refused to continue the Bill by a division vote of 32 to 36.

Rep. QUINN moved to adjourn debate on the Bill until Thursday, March 2, which was agreed to.


Printed Page 1493 . . . . . Wednesday, March 1, 2000

S. 60--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18176SOM00), which was rejected:
Amend the bill, as and if amended, in Section 1, page 1, line 29, by striking / the fifteenth day of January - Martin Luther King's birthday, the / and inserting / the fifteenth day third Monday of January - Martin Luther King, Jr. Day, the /; so that when amended Section 1 reads:
/ SECTION   1.   Section 53-5-10 of the 1976 Code is amended to read:

"Section 53-5-10.   The first day of January - New Year's Day, the fifteenth day third Monday of January - Martin Luther King, Jr. day, the nineteenth day of January, the third Monday in February - George Washington's birthday/President's Day, the tenth day of May - Confederate Memorial Day, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.

State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.

All general election days are legal holidays in addition to the above.

The holiday schedules of public colleges and universities, including technical colleges, shall not be in violation of this section so


Printed Page 1494 . . . . . Wednesday, March 1, 2000

long as the number of holidays provided for in this section are not exceeded." /
Amend the bill further by striking the title and inserting:
/ TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT THE THIRD MONDAY OF JANUARY, MARTIN LUTHER KING, JR. DAY, AND THE TENTH DAY OF MAY, CONFEDERATE MEMORIAL DAY, ARE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE THE NINETEENTH DAY OF JANUARY, ROBERT E. LEE'S BIRTHDAY, AND THE THIRD DAY OF JUNE, JEFFERSON DAVIS' BIRTHDAY, AS OPTIONAL HOLIDAYS; AND TO DELETE GENERAL ELECTION DAYS AS LEGAL HOLIDAYS. /

Rep. COTTY explained the amendment.

Rep. COTTY spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. GOVAN spoke against the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. GOVAN continued speaking.
Rep. GOVAN spoke against the amendment.
Rep. BREELAND spoke against the amendment.

On motion of Rep. TRIPP, with unanimous consent, Rep. BREELAND'S remarks were ordered printed in the Journal as follows:

Welcome to a new millennium. What an amazing time this is. We are on the apex of long-awaited cures, new political leadership and still further technological revolutions that hold endless possibilities.

Perhaps it is not a great time for all - because there is scant African-American representation in the corridors of power.

Perhaps it is not a great time because of the legions of children who cannot read or write and do not respect us or themselves.

Perhaps it is not a great time for all because even when there are primary family wage earners, women still earn less than men for the same work.


Printed Page 1495 . . . . . Wednesday, March 1, 2000

And perhaps it is not a great time for all because we have individuals who are still resorting to attacks on Dr. Martin Luther King, Jr. because we want a state holiday in his honor.

It was not too long ago in America when some individual responses to Dr. King's non-violent movement was to attack, those individuals said, "Let us destroy the dreamer".

We will destroy him by discrediting him. We will discredit him first with his family by spreading all kinds of rumors and gossip about his personal and moral life.

We will send his wife unclear tapes on which she will hear his voice, supposedly talking about one of his alleged affairs.

We will discredit him by calling him a thief. We will tell the people that he is stealing money and turning in fraudulent income tax returns.

There are always people who are open and ready and willing to receive this kind of gossip.

Then we will discredit him by calling him a communist.

There are always some who will believe any kind of lie, tale or rumor that is circulated about African-Americans. And if that doesn't work, let us slay Dr. King.

And I say to you, history repeated itself in the Judiciary Committee last week when Representative John Graham Altman used these very same tactics to attack the character of Dr. Martin Luther King, Jr. as a means of deferring the making of a state holiday in honor of Dr. Martin Luther King, Jr.

I say to this body, do not put this issue in the hands of the committee of "benign neglect". Do not listen to those who continue to attack the "Dreamer".

The great black poet, Langston Hughes, once asked,

What happens to the dreamer deferred?

Does it dry up

like a raisin in the sun?

or fester like a sore-

and then run?

Does it stink like rotten meat?

or crust and sugar over-

like a syrupy sweet?

Maybe it just sags

like a heavy load

or does it explode?


Printed Page 1496 . . . . . Wednesday, March 1, 2000

I believe the degrading, demeaning, evil remarks made in the Judiciary Committee against Dr. Martin Luther King, Jr., will be used by God for good, although they were meant for evil.

Everybody knows about Dr. King's speech at the march on Washington, but not a whole lot of us have taken time to read the Trumpet of Conscience, I recommend it to my colleagues.

Finally, it was in Memphis, Tennessee where Dr. King was in one of the toughest struggles of his career, that he talked about another vision. He said, "We've got some difficult days ahead, but it really doesn't matter to me now because I've been to the mountain top. I just want to do God's will, and he's allowed me to go up to the mountain, and I've looked over, and I've seen the promise land".

To paraphrase, I have faith in the minds, the experiences and the judgements that will be used to decide this issue.

Rep. GOVAN moved to adjourn debate on the amendment.

Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:

Yeas 58; Nays 58

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Easterday
Fleming                Frye                   Gamble
Gilham                 Govan                  Hamilton
Harrell                Haskins                Hawkins
Hinson                 Huggins                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Loftis                 Lucas                  Martin
McKay                  Meacham-Richardson     Perry
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb

Printed Page 1497 . . . . . Wednesday, March 1, 2000

Whatley                Wilkins                Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Barfield               Battle
Bowers                 Breeland               Brown, G.
Brown, T.              Canty                  Carnell
Clyburn                Cobb-Hunter            Delleney
Edge                   Emory                  Gourdine
Harris                 Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Lee                    Lloyd                  Lourie
Mack                   Maddox                 McCraw
McGee                  McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rutherford
Sheheen                Smith, J.              Stille
Whipper                Wilder                 Wilkes
Witherspoon

Total--58

So, the House refused to adjourn debate.

The question then recurred to the motion to adjourn debate.

Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:

Yeas 49; Nays 65

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Battle                 Bowers                 Breeland
Brown, G.              Brown, T.              Canty

Printed Page 1498 . . . . . Wednesday, March 1, 2000

Carnell                Clyburn                Cobb-Hunter
Delleney               Emory                  Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Kennedy
Kirsh                  Lee                    Lloyd
Lourie                 Mack                   Maddox
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Phillips
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith, J.
Stille                 Whipper                Wilder
Wilkes

Total--49

Those who voted in the negative are:

Allison                Altman                 Bailey
Barfield               Barrett                Brown, H.
Campsen                Cato                   Chellis
Cotty                  Dantzler               Davenport
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harris
Haskins                Hawkins                Hinson
Huggins                Keegan                 Kelley
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Loftis                 Lucas                  Martin
McCraw                 McGee                  McKay
Meacham-Richardson     Neilson                Perry
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb

Printed Page 1499 . . . . . Wednesday, March 1, 2000

Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--65

So, the motion to adjourn debate was rejected.

The question then recurred to the adoption of the amendment.

Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:

Yeas 39; Nays 78

Those who voted in the affirmative are:

Askins                 Barfield               Barrett
Campsen                Cotty                  Davenport
Delleney               Edge                   Frye
Gilham                 Harrell                Harris
Haskins                Hawkins                Huggins
Keegan                 Kelley                 Koon
Limehouse              Loftis                 Lucas
McGee                  McKay                  McLeod, W.
Quinn                  Riser                  Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Taylor
Tripp                  Webb                   Wilder
Wilkins                Witherspoon            Woodrum

Total--39

Those who voted in the negative are:

Allen                  Allison                Altman
Bailey                 Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, T.              Canty
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Easterday              Emory
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harvin
Hayes                  Hines, J.              Hines, M.

Printed Page 1500 . . . . . Wednesday, March 1, 2000

Hinson                 Hosey                  Howard
Inabinett              Jennings               Kennedy
Kirsh                  Klauber                Knotts
Law                    Leach                  Lee
Lloyd                  Lourie                 Mack
Maddox                 Martin                 McCraw
McLeod, M.             McMahand               Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Phillips
Pinckney               Rhoad                  Rice
Robinson               Rutherford             Scott
Sheheen                Smith, J.              Smith, R.
Stille                 Stuart                 Townsend
Trotter                Walker                 Whatley
Whipper                Wilkes                 Young-Brickell

Total--78

So, the amendment was rejected.

Rep. FLEMING moved to recommit the Bill.
Rep. COBB-HUNTER moved to table the motion.

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 48

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, T.
Carnell                Clyburn                Cobb-Hunter
Cotty                  Edge                   Emory
Gilham                 Gourdine               Govan
Harris                 Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Lee                    Lloyd
Lourie                 Lucas                  Mack

Printed Page 1501 . . . . . Wednesday, March 1, 2000

Maddox                 McCraw                 McGee
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rodgers                Rutherford
Scott                  Seithel                Sheheen
Simrill                Smith, J.              Tripp
Whatley                Whipper                Wilder
Wilkes                 Witherspoon            Woodrum

Total--66

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Dantzler
Davenport              Delleney               Easterday
Fleming                Frye                   Gamble
Hamilton               Harrell                Hinson
Huggins                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Loftis
Martin                 McKay                  Meacham-Richardson
Perry                  Quinn                  Rice
Riser                  Robinson               Sandifer
Sharpe                 Smith, D.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Trotter                Walker
Webb                   Wilkins                Young-Brickell

Total--48

So, the motion to recommit the Bill was tabled.

SPEAKER IN CHAIR

Rep. KNOTTS proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\AMEND\9226SOM00), which was adopted:


Printed Page 1502 . . . . . Wednesday, March 1, 2000

Amend the bill, as and if amended, in Section 53-5-10 as contained in SECTION 1, page (60-1), lines 33 and 34, by striking /Martin Luther King, Jr. day/ and inserting /Civil Rights Day /.
Amend title to conform.

Rep. KNOTTS explained the amendment.

Rep. COTTY moved to table the amendment.

Rep. ROBINSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 56; Nays 56

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Battle                 Bowers                 Breeland
Brown, G.              Brown, T.              Carnell
Clyburn                Cobb-Hunter            Cotty
Dantzler               Delleney               Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Inabinett              Jennings               Keegan
Kennedy                Lee                    Lloyd
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith, J.
Webb                   Whipper                Wilder
Wilkes                 Woodrum

Total--56

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Davenport              Easterday              Edge

Printed Page 1503 . . . . . Wednesday, March 1, 2000

Fleming                Frye                   Gamble
Gilham                 Hamilton               Harrell
Haskins                Hawkins                Hinson
Huggins                Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Limehouse              Loftis
McKay                  Meacham-Richardson     Perry
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Walker                 Whatley                Wilkins
Witherspoon            Young-Brickell

Total--56

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:

Yeas 59; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Haskins
Hawkins                Hinson                 Huggins
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Loftis
Martin                 McKay                  Meacham-Richardson
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel

Printed Page 1504 . . . . . Wednesday, March 1, 2000

Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--59

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, T.
Carnell                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Davenport
Delleney               Emory                  Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Keegan                 Kennedy
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
McCraw                 McGee                  McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith, J.
Whipper                Wilder                 Wilkes

Total--57

So, the amendment was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RISER a leave of absence for the remainder of the day.

Rep. CAMPSEN proposed the following Amendment No. 14 (Doc Name COUNCIL\GJK\AMEND\21036SD00), which was adopted:


Printed Page 1505 . . . . . Wednesday, March 1, 2000

Amend the bill, as and if amended, in Section 53-5-10 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end of the section to read:

/ The provisions of this section do not affect the provisions of Section 59-1-370 which require schools and colleges to be closed on general election days, and the schools and colleges to which Section 59-1-370 applies shall continue to be closed on general election days as required by Section 59-1-370. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 14 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 28 (Doc Name COUNCIL\GJK\AMEND\21050SOM00), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION   1.   Section 53-5-10 of the 1976 Code is amended to read:

"Section 53-5-10.     The first day of January - New Year's Day, the fifteenth day third Monday of January - Martin Luther
King, Jr. Day, the nineteenth day of January, the third Monday in February - George Washington's Birthday/President's Day, the tenth day of May, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.

State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.


Printed Page 1506 . . . . . Wednesday, March 1, 2000

All general election days are legal holidays in addition to the above.

The holiday schedules of public colleges and universities including technical colleges shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded."/
Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. MCGEE moved to table the amendment.

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 39

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Brown, G.
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Haskins
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Loftis                 Martin                 McCraw
McGee                  McLeod, M.             McLeod, W.
Meacham-Richardson     Perry                  Phillips
Quinn                  Rice                   Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Walker
Webb                   Whatley                Wilkes

Printed Page 1507 . . . . . Wednesday, March 1, 2000

Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--70

Those who voted in the negative are:

Allen                  Bailey                 Bales
Bowers                 Breeland               Brown, T.
Clyburn                Cobb-Hunter            Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Inabinett              Jennings               Kennedy
Lee                    Lloyd                  Lourie
Lucas                  Maddox                 McMahand
Miller                 Moody-Lawrence         Neal, J.M.
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Smith, J.              Whipper

Total--39

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 29 (Doc Name COUNCIL\GJK\AMEND\21049SOM00), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION   1.   Section 53-5-10 of the 1976 Code is amended to read:

"Section 53-5-10.     The first day of January - New Year's Day, the fifteenth day third Monday of January - Martin Luther
King, Jr. Day, the nineteenth day of January, the third Monday in February - George Washington's Birthday/President's Day, the tenth day of May, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.

State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following


Printed Page 1508 . . . . . Wednesday, March 1, 2000

nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.

All general election days are legal holidays in addition to the above.

The holiday schedules of public colleges and universities including technical colleges shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded."/
Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.
Rep. SIMRILL moved to table the amendment.

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 37

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Frye
Gamble                 Gilham                 Hamilton
Harrell                Harris                 Haskins
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Lucas                  Martin                 McCraw
McGee                  McLeod, W.             Meacham-Richardson
Neal, J.M.             Neilson                Perry
Phillips               Quinn                  Rice
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, R.              Stille
Stuart                 Taylor                 Townsend

Printed Page 1509 . . . . . Wednesday, March 1, 2000

Tripp                  Trotter                Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--70

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, T.
Cobb-Hunter            Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Inabinett              Jennings               Kennedy
Lee                    Lloyd                  Lourie
Maddox                 McMahand               Miller
Moody-Lawrence         Neal, J.H.             Parks
Pinckney               Rhoad                  Rutherford
Scott                  Smith, J.              Whipper
Wilkes

Total--37

So, the amendment was tabled.

Rep. QUINN moved cloture on the entire matter.
Rep. GOVAN moved that the House do now adjourn.

Rep. HASKINS demanded the yeas and nays which were taken, resulting as follows:

Yeas 21; Nays 79

Those who voted in the affirmative are:

Bales                  Breeland               Brown, G.
Brown, T.              Delleney               Gourdine
Govan                  Harvin                 Hines, J.
Hines, M.              Howard                 Lee
Lloyd                  Mack                   McLeod, M.

Printed Page 1510 . . . . . Wednesday, March 1, 2000

Moody-Lawrence         Neal, J.H.             Parks
Scott                  Sheheen                Wilkes

Total--21

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bowers                 Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harris
Haskins                Hawkins                Hayes
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Lourie                 Lucas
Maddox                 Martin                 McCraw
McGee                  McLeod, W.             McMahand
Meacham-Richardson     Neilson                Perry
Phillips               Quinn                  Rice
Robinson               Rodgers                Rutherford
Sandifer               Seithel                Sharpe
Simrill                Smith, J.              Smith, R.
Stille                 Stuart                 Tripp
Trotter                Walker                 Webb
Whatley                Whipper                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--79

So, the House refused to adjourn.

The question then recurred to the motion to invoke cloture.


Printed Page 1511 . . . . . Wednesday, March 1, 2000

Rep. TRIPP demanded the yeas and nays which were taken, resulting as follows:

Yeas 58; Nays 53

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Haskins
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Loftis                 Martin                 McGee
Meacham-Richardson     Perry                  Phillips
Quinn                  Rice                   Robinson
Rodgers                Sandifer               Simrill
Smith, R.              Stuart                 Taylor
Townsend               Trotter                Walker
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, T.
Carnell                Cobb-Hunter            Davenport
Delleney               Emory                  Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Kennedy                Lee                    Lloyd
Lourie                 Lucas                  Mack
Maddox                 McCraw                 McLeod, M.
McLeod, W.             McMahand               Miller

Printed Page 1512 . . . . . Wednesday, March 1, 2000

Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Seithel                Sheheen
Smith, J.              Stille                 Tripp
Wilder                 Wilkes

Total--53

So, cloture was ordered.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that members of the House could make a motion to adjourn debate on amendments on the desk, but amendments could not be passed over without unanimous consent since immediate cloture had been invoked.
SPEAKER WILKINS sustained the Point of Order and stated that amendments could not be passed over without unanimous consent and members were required to make a motion to adjourn debate.

Rep. ROBINSON proposed the following Amendment No. 32 (Doc Name COUNCIL\GJK\AMEND\21046SOM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 53-5-10 of the 1976 Code is amended to read:

"Section 53-5-10.     The first day of January - New Year's Day, the fifteenth day third Monday of January - Martin Luther King, Jr. Day, the nineteenth day of January, the third Monday in February - George Washington's Birthday/President's Day, the tenth day of May - Confederate Memorial Day, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.

State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.


Printed Page 1513 . . . . . Wednesday, March 1, 2000

All general election days are legal holidays in addition to the above.

The holiday schedules of public colleges and universities including technical colleges shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded."
SECTION   2.   The 1976 Code is amended by adding:

"Section 53-5-15.   No monument, marker, painting, sculpture, memorial, street, highway, bridge, or park located on public property of the State or its political subdivisions which honors the memory of the Confederacy or individuals who served in the Confederate Army, Navy, or Marine Corps or the Women of the Confederacy or which honors the memory of the civil rights struggle or individuals who participated in the civil rights struggle may be removed or renamed without two-thirds vote of each house of the General Assembly."
SECTION   3.   When the Confederate Battle Flag is flown it perpetuates the memory of our ancestors and honors the heroism they exhibited in many battles during the horrific conflict known as the War Between the States.

The Confederate Battle Flag is not a racist banner per se. South Carolina deplores and condemns the misuse of this banner for political or racial purposes. The Confederate Battle Flag is a military banner, which was used by Southern troops in combat.

South Carolina displays the Confederate Battle Flag, with honor, as a symbol of our heritage. It is not flown in defiance of any government or as a statement regarding any civil rights, constitutional, or racial issues.
SECTION   4.This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. ROBINSON moved to adjourn debate on the amendment, which was agreed to.

Rep. GOVAN proposed the following Amendment No. 33 (Doc Name COUNCIL\PSD\AMEND\7098DJC00), which was ruled out of order:
Amend the bill, as and if amended, page 2, line 8, by adding a new SECTION __ appropriately numbered to read:
/   SECTION __.   (A)   There is created a Race Relations Study Committee to identify the historical causes of racism in America, to


Printed Page 1514 . . . . . Wednesday, March 1, 2000

inquire into the nature and extent of race related issues in this state in the year 2000, and to make recommendations to the General Assembly relating to educational programs and legislation that will foster tolerance of racial diversity and enhance race relations in this state as South Carolina enters the Twenty-First Century.

(B)   The committee is composed of seven members as follows: one Democratic and one Republican member of the House of Representatives, appointed by the Speaker of the House of Representatives, the Speaker or his designee; and one Democratic and one Republican member of the Senate, appointed by the President Pro Tempore of the Senate, the President Pro Tempore or his designee, and the Governor or his designee.

(C)   The committee must make its first report with recommendations to the Senate and the House of Representatives by May 1, 2000. If the committee's report and recommendation is not approved by both the Senate and the House of Representatives, the committee must reconvene and issue its final recommendation by June 1, 2000. The committee must dissolve at the sine die adjournment of this General Assembly of 2000.   /
Renumber sections to conform.
Amend title to conform.

POINT OF ORDER

Rep. COOPER raised the Point of Order that Amendment No. 33 was out of order in that it was not germane to the Bill.
Rep. GOVAN argued contra.
SPEAKER WILKINS stated that the Bill dealt with legal holidays and the amendment dealt with establishing a race relations study committee. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. KNOTTS proposed the following Amendment No. 34 (Doc Name COUNCIL\GJK\AMEND\21056SOM00):
Amend the bill, as and if amended, in Section 53-5-10, as contained in SECTION 1, page (60-1), by inserting after /January,/ on line 34, / the third Saturday in January - Ronald McNair Day, /
Renumber sections to conform.
Amend title to conform.

Rep. KNOTTS moved to adjourn debate on the amendment, which was agreed to.


Printed Page 1515 . . . . . Wednesday, March 1, 2000

Rep. KNOTTS proposed the following Amendment No. 35 (Doc Name COUNCIL\GJK\AMEND\21053SOM00):
Amend the bill, as and if amended, in Section 53-5-10, as contained in SECTION 1, page (60-1), by inserting after the first /Day, / on line 39 /the third Saturday in September - Joe Frazier day, /
Renumber sections to conform.
Amend title to conform.

Rep. KNOTTS moved to adjourn debate on the amendment, which was agreed to.

Rep. KNOTTS proposed the following Amendment No. 36 (Doc Name COUNCIL\GJK\AMEND\21055SOM00), which was tabled:
Amend the bill, as and if amended, in Section 53-5-10, as contained in SECTION 1, page (60-1), by inserting after the first /Day, / on line 39 /the day after general election day - Consolation Day, /
Renumber sections to conform.
Amend title to conform.

Rep. KNOTTS moved to table the amendment, which was agreed to.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KNOTTS proposed the following Amendment No. 37 (Doc Name COUNCIL\GJK\AMEND\21054SOM00), which was tabled:
Amend the bill, as and if amended, in Section 53-5-10, as contained in SECTION 1, page (60-1), by inserting after the first /Day, / on line 39 /the second Saturday in October - David H. Wilkins day, /
Renumber sections to conform.
Amend title to conform.

Rep. KNOTTS moved to table the amendment.

Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 85; Nays 24

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Bales                  Barfield               Barrett
Battle                 Bowers                 Brown, G.

Printed Page 1516 . . . . . Wednesday, March 1, 2000

Brown, H.              Brown, T.              Campsen
Carnell                Cato                   Chellis
Cooper                 Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Frye                   Gamble
Gilham                 Harrell                Harvin
Haskins                Hawkins                Hayes
Hinson                 Huggins                Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod, M.             McLeod, W.
McMahand               Meacham-Richardson     Miller
Neal, J.M.             Neilson                Ott
Perry                  Phillips               Quinn
Rhoad                  Rice                   Robinson
Rodgers                Sandifer               Sharpe
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--85

Those who voted in the negative are:

Allen                  Breeland               Clyburn
Cobb-Hunter            Davenport              Gourdine
Govan                  Hamilton               Harris
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Lloyd
Maddox                 Moody-Lawrence         Neal, J.H.
Parks                  Rutherford             Scott
Seithel                Tripp                  Whipper

Total--24


Printed Page 1517 . . . . . Wednesday, March 1, 2000

So, the amendment was tabled.

Rep. J. SMITH proposed the following Amendment No. 38 (Doc Name COUNCIL\GJK\AMEND\21061SOM00), which was adopted:
Amend the bill, as and if amended, in Section 53-5-10 as contained in SECTION 1, page 1, line 28, by striking / Civil Rights Day/ and inserting / Martin Luther King, Jr., Day/
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. SMITH explained the amendment.

Rep. ALTMAN moved to table the amendment.

Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:

Yeas 56; Nays 58

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Edge                   Fleming                Frye
Gamble                 Gilham                 Hamilton
Harrell                Haskins                Hawkins
Hinson                 Huggins                Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Loftis                 Martin
Meacham-Richardson     Perry                  Quinn
Rice                   Robinson               Rodgers
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Trotter                Walker                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--56


Printed Page 1518 . . . . . Wednesday, March 1, 2000

Those who voted in the negative are:
Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, T.
Carnell                Clyburn                Cobb-Hunter
Cotty                  Delleney               Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Inabinett              Jennings               Keegan
Kennedy                Lee                    Lloyd
Lourie                 Lucas                  Mack
Maddox                 McCraw                 McGee
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Seithel                Sheheen                Smith, J.
Tripp                  Whipper                Wilder
Wilkes

Total--58

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:

Yeas 58; Nays 55

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, T.
Carnell                Clyburn                Cobb-Hunter
Cotty                  Delleney               Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard

Printed Page 1519 . . . . . Wednesday, March 1, 2000

Inabinett              Jennings               Keegan
Kennedy                Lee                    Lloyd
Lourie                 Lucas                  Mack
Maddox                 McCraw                 McGee
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Seithel                Sheheen                Smith, J.
Tripp                  Whipper                Wilder
Wilkes

Total--58

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Edge                   Fleming                Frye
Gamble                 Gilham                 Hamilton
Harrell                Haskins                Hawkins
Hinson                 Huggins                Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Loftis                 Martin
Meacham-Richardson     Perry                  Quinn
Rice                   Robinson               Rodgers
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Trotter                Walker                 Webb
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--55

So, the amendment was adopted.

SPEAKER IN CHAIR


Printed Page 1520 . . . . . Wednesday, March 1, 2000

RULE 3.9 INVOKED

Rep. TROTTER moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

RULE 3.9 RESCINDED

Rep. SHEHEEN moved to rescind Rule 3.9.

Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 61; Nays 50

Those who voted in the affirmative are:

Allen                  Bailey                 Bales
Battle                 Bowers                 Breeland
Brown, G.              Brown, T.              Carnell
Clyburn                Cobb-Hunter            Cotty
Delleney               Emory                  Gilham
Gourdine               Harrell                Harris
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hosey
Inabinett              Jennings               Kennedy
Kirsh                  Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rodgers
Rutherford             Scott                  Sheheen
Smith, D.              Smith, J.              Tripp
Webb                   Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum

Total--61

Those who voted in the negative are:

Allison                Altman                 Askins
Barfield               Barrett                Brown, H.
Campsen                Cato                   Chellis

Printed Page 1521 . . . . . Wednesday, March 1, 2000

Cooper                 Dantzler               Davenport
Easterday              Edge                   Fleming
Frye                   Gamble                 Hamilton
Hawkins                Hinson                 Keegan
Kelley                 Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Loftis                 Lucas
Martin                 McGee                  Meacham-Richardson
Perry                  Quinn                  Rice
Robinson               Sandifer               Seithel
Sharpe                 Simrill                Smith, R.
Stille                 Stuart                 Taylor
Townsend               Trotter                Walker
Whatley                Young-Brickell

Total--50

So, Rule 3.9 was rescinded.

Rep. ROBINSON proposed the following Amendment No. 39 (Doc Name COUNCIL\GJK\AMEND\21046SOM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 53-5-10 of the 1976 Code is amended to read:

"Section 53-5-10.     The first day of January - New Year's Day, the fifteenth day third Monday of January - Martin Luther King, Jr. Day, the nineteenth day of January, the third Monday in February - George Washington's Birthday/President's Day, the tenth day of May - Confederate Memorial Day, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.

State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.


Printed Page 1522 . . . . . Wednesday, March 1, 2000

All general election days are legal holidays in addition to the above.

The holiday schedules of public colleges and universities including technical colleges shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded."
SECTION   2.   The 1976 Code is amended by adding:

"Section 53-5-15.   No monument, marker, painting, sculpture, memorial, street, highway, bridge, or park located on public property of the State or its political subdivisions which honors the memory of the Confederacy or individuals who served in the Confederate Army, Navy, or Marine Corps or the Women of the Confederacy or which honors the memory of the civil rights struggle or individuals who participated in the civil rights struggle may be removed or renamed without two-thirds vote of each house of the General Assembly."
SECTION   3.   When the Confederate Battle Flag is flown it perpetuates the memory of our ancestors and honors the heroism they exhibited in many battles during the horrific conflict known as the War Between the States.

The Confederate Battle Flag is not a racist banner per se. South Carolina deplores and condemns the misuse of this banner for political or racial purposes. The Confederate Battle Flag is a military banner, which was used by Southern troops in combat.

South Carolina displays the Confederate Battle Flag, with honor, as a symbol of our heritage. It is not flown in defiance of any government or as a statement regarding any civil rights, constitutional, or racial issues.
SECTION   4.This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. ROBINSON moved to adjourn debate on the amendment, which was agreed to.

Rep. ROBINSON proposed the following Amendment No. 40 (Doc Name COUNCIL\GJK\AMEND\21051SOM00):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION   1.   Section 53-5-10 of the 1976 Code is amended to read:

"Section 53-5-10.     The first day of January - New Year's Day, the fifteenth day third Monday of January - Martin Luther King, Jr.


Printed Page 1523 . . . . . Wednesday, March 1, 2000

Day, the nineteenth day of January, the third Monday in February - George Washington's Birthday/President's Day, the tenth day of May - Confederate Memorial Day, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.

State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.

All general election days are legal holidays in addition to the above.

The holiday schedules of public colleges and universities including technical colleges shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded."/
SECTION   2.   The 1976 Code is amended by adding:

"Section 53-5-15.   No monument, marker, painting, sculpture, memorial, street, highway, bridge, or park located on public property of the State or its political subdivisions which honors the memory of the Confederacy or individuals who served in the Confederate Army, Navy, or Marine Corps or the Women of the Confederacy or which honors the memory of the civil rights struggle or individuals who participated in the civil rights struggle may be removed or renamed without two-thirds vote of each house of the General Assembly."
SECTION   3.   When the Confederate Battle Flag is flown it perpetuates the memory of our ancestors and honors the heroism they exhibited in many battles during the horrific conflict known as the War Between the States.

The Confederate Battle Flag is not a racist banner per se. South Carolina deplores and condemns the misuse of this banner for political or racial purposes. The Confederate Battle Flag is a military banner, which was used by Southern troops in combat.

South Carolina displays the Confederate Battle Flag, with honor, as a symbol of our heritage. It is not flown in defiance of any government or as a statement regarding any civil rights, constitutional, or racial issues.


Printed Page 1524 . . . . . Wednesday, March 1, 2000

SECTION   4.This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. ROBINSON moved to adjourn debate on the amendment, which was agreed to.

Rep. J. SMITH proposed the following Amendment No. 41 (Doc Name COUNCIL\GJK\AMEND\21062SOM00), which was tabled:
Amend the bill, as and if amended, in Section 53-5-10 as contained in SECTION 1, page 2, by striking lines 1 and 2, and inserting /   All general election days are legal holidays in addition to the above. /
Renumber sections to conform.
Amend title to conform.

Rep. J. SMITH moved to table the amendment, which was agreed to.

REPS. CATO and EASTERDAY proposed the following Amendment No. 42 (Doc Name SKB\AMEND\18176SOM00), which was tabled:
Amend the bill, as and if amended, in Section 1, page 1, line 29, by striking / the fifteenth day of January - CIVIL RIGHTS DAY, the / and inserting / the fifteenth day third Monday of January - Martin Luther King, Jr. Day, the /; so that when amended Section 1 reads:
/ SECTION   1.   Section 53-5-10 of the 1976 Code is amended to read:

"Section 53-5-10.   The first day of January - New Year's Day, the fifteenth day third Monday of January - Martin Luther King, Jr. day, the nineteenth day of January, the third Monday in February - George Washington's birthday/President's Day, the tenth day of May - Confederate Memorial Day, the last Monday of May - National Memorial Day, the third day of June, the fourth day of July - Independence Day, the first Monday in September - Labor Day, the eleventh day of November - Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.

State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.


Printed Page 1525 . . . . . Wednesday, March 1, 2000

All general election days are legal holidays in addition to the above.

The holiday schedules of public colleges and universities, including technical colleges, shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded." /
Amend the bill further by striking the title and inserting:
/ TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT THE THIRD MONDAY OF JANUARY, MARTIN LUTHER KING, JR. DAY, AND THE TENTH DAY OF MAY, CONFEDERATE MEMORIAL DAY, ARE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE THE NINETEENTH DAY OF JANUARY, ROBERT E. LEE'S BIRTHDAY, AND THE THIRD DAY OF JUNE, JEFFERSON DAVIS' BIRTHDAY, AS OPTIONAL HOLIDAYS; AND TO DELETE GENERAL ELECTION DAYS AS LEGAL HOLIDAYS. /

Rep. EASTERDAY moved to table the amendment, which was agreed to.

Rep. QUINN moved that the House do now adjourn.

Rep. J. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 63; Nays 49

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Fleming                Frye                   Gamble
Gilham                 Hamilton               Harrell
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Leach                  Limehouse              Loftis
Lucas                  Martin                 McCraw

Printed Page 1526 . . . . . Wednesday, March 1, 2000

McGee                  Meacham-Richardson     Neilson
Perry                  Phillips               Quinn
Rhoad                  Rice                   Robinson
Rodgers                Sandifer               Sharpe
Simrill                Smith, D.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Trotter                Walker
Webb                   Whatley                Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--63

Those who voted in the negative are:

Allen                  Bailey                 Bales
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, T.              Campsen
Carnell                Clyburn                Cobb-Hunter
Cotty                  Delleney               Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hosey
Inabinett              Jennings               Kennedy
Law                    Lee                    Lloyd
Lourie                 Mack                   Maddox
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Pinckney               Rutherford             Scott
Seithel                Sheheen                Smith, J.
Tripp                  Whipper                Wilder
Wilkes

Total--49

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment the pending question being consideration of amendments, cloture having been ordered.


Printed Page 1527 . . . . . Wednesday, March 1, 2000

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4598 (Word version) -- Rep. D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 221 LYING BETWEEN HIGHWAY 176 AND INTERSTATE 85 IN SPARTANBURG COUNTY AS THE "DAVID PEARSON BOULEVARD".

H. 4675 (Word version) -- Reps. Harrison, Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND AND HONOR CHIEF JUSTICE ERNEST A. FINNEY, JR., UPON HIS RETIREMENT FROM AN EXEMPLARY CAREER OF PUBLIC SERVICE, A CAREER WHICH INCLUDED SERVICE AS A LEGISLATOR, A CIRCUIT COURT JUDGE, AN ASSOCIATE JUSTICE OF THE SUPREME COURT, AND NOW, AS ITS CHIEF JUSTICE; TO RECOGNIZE THE IMPORTANT ROLE HE HAS PLAYED IN SOUTH CAROLINA'S HISTORY LEADING THE WAY FOR AFRICAN-AMERICANS SERVING IN PUBLIC LIFE IN THIS STATE; TO COMMEND HIM FOR HIS LIFE-LONG WORK AND DEDICATION TO IMPROVING THE LIVES AND WELL-BEING OF ALL CITIZENS OF THIS GREAT STATE; AND TO FURTHER WISH HIM GODSPEED IN ALL OF HIS FUTURE ENDEAVORS.


Printed Page 1528 . . . . . Wednesday, March 1, 2000

H. 4687 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORT MILL HIGH SCHOOL BAND OF FORT MILL HIGH SCHOOL IN YORK COUNTY, AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY.

H. 4707 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO COMMEND AND HONOR CAROLINE PARLER OF IRMO, GRADUATE OF THE UNIVERSITY OF SOUTH CAROLINA, WHO HAS BEEN AWARDED THE PRESTIGIOUS RHODES SCHOLARSHIP AND WHO WILL ATTEND OXFORD COLLEGE IN ENGLAND FOR POST GRADUATE STUDY BEGINNING IN OCTOBER, 2000, AS ONE OF ONLY THIRTY-TWO AMERICAN STUDENTS SELECTED NATIONALLY AS A 2000 RHODES SCHOLAR.

ADJOURNMENT

At 5:00 p.m. the House, in accordance with the motion of Rep. MILLER, adjourned in memory of Aubrey Rochelle Merritt, to meet at 10:00 a.m. tomorrow.

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