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


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Thursday, March 2, 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:

Give us the wisdom, Lord God, to see that which is not always in full view; to understand that which is in the minds of others; to know the difference between those who are stranded and those who want to hitchhike a free ride; to discern between those who need a lift and those who seek a handout; not to confuse loud talk with loyalty; or appearance with reality. Most of all, may our bowed heads here in prayer truly indicate our dependence upon God "from whence comes our help." 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. KIRSH moved that when the House adjourns, it adjourn in memory of Mrs. Betty Bailey, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4722 (Word version) -- Reps. Webb, 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,


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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, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HEAD FOOTBALL COACH TOMMY BOWDEN OF CLEMSON UNIVERSITY, ON THE OCCASION OF BEING NAMED THE 1999 ACC COACH OF THE YEAR.

Whereas, the members of the General Assembly note with pride the remarkable accomplishment of Head Coach Tommy Bowden on being named the 1999 ACC Coach of the Year following his first year of coaching at Clemson University; and

Whereas, Tommy was born on July 10, 1954, in Birmingham, Alabama, and is the son of proud parents Bobby and Ann Bowden; and

Whereas, Coach Bowden is married to the former Linda Joan White, whom he first met when the two were in school together at Morgantown High in West Virginia. The couple has two children, Ryan, seventeen, a tight end on the Daniel High School team in Clemson, and Lauren, fourteen, also a student at Daniel; and

Whereas, when Tommy Bowden approached the 1999 season, he had one simple goal for his first Clemson team -- Improvement; and

Whereas, upstaged by his father once this season, Clemson Coach Tommy Bowden was able to turn the tables on dad. Tommy Bowden, age forty-five, was defeated by Bobby Bowden, age 70, in his father's 300th victory on October 23rd, but Tommy beat out dad for Coach of the Year in the Atlantic Coast Conference; and

Whereas, the younger Bowden, who went 6-5 to lead the Tigers to the Peach Bowl in his first season, received thirty-five of a possible sixty-eight votes cast by members of the Atlantic Coast Writers


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Association. Bobby Bowden's team went 11-0 and ranked No. 1 in the nation, but he came in second with twenty votes; and

Whereas, Coach Tommy Bowden took over a Clemson program that had gone 3-8 -- its worst mark since 1975 -- but was able to tie Georgia Tech and Virginia for second place in the ACC with a 5-3 league mark; and

Whereas, Clemson was the only team in the nation to play three undefeated teams and had only five home games in Death Valley. Still, the young and inexperienced Tigers were in every game; and

Whereas, the Clemson Tigers also made a four-game ACC win improvement in 1999. It is just the fifth time in ACC history that a team made that big of a league victory jump; and

Whereas, four of the Tiger's five losses in 1999 came by four points or less and three of the five losses came against the only undefeated teams in the nation -- Marshall, Virginia Tech, and Florida State. Two of the aforementioned teams, Florida State and Virginia Tech, clashed for the National Championship -- Florida State won; and

Whereas, Bowden Bowl I, the first-ever meeting between father and son head coaches in college football history, took place on October 23, 1999. Tommy faced his father Bobby's top ranked Florida State team in Death Valley in front of a national television audience. The Tigers lost a tough battle to the Seminoles, 17-14, the closest margin of victory for the top-ranked Seminoles; and

Whereas, making strong improvement in his first year with a program is nothing new for Tommy Bowden. In the two seasons he was the head coach at Tulane, Coach Bowden took a team that had been 4-18 in the two years previous to his arrival, and emotionally and numerically reversed the team's fortunes with an 18-4 record, posted an 11-1 conference mark, and finished the 1998 season ranked seventh in the nation by both polls. Tulane and Tennessee were the only undefeated teams in college football in 1998; and

Whereas, Coach Tommy Bowden's vision and competitiveness has not only produced numerous winning programs, but also the respect of


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his players, students, fellow coaches, and the dedicated fans of the Clemson Tigers; and

Whereas, the General Assembly, along with the citizens of the Palmetto State, are extremely proud of Coach Bowden, his assistant coaches, and, of course, the fine young athletes which comprise the Clemson Football Team; and

Whereas, it is appropriate for the members of the General Assembly to pause in their deliberations, so that they might recognize the extraordinary achievements of Head Coach Tommy Bowden in his premier season at the Tigers' helm and join Clemson fans in fevered anticipation of next year in Death Valley. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, offer their congratulations to Head Football Coach Tommy Bowden of Clemson University, on the occasion of being named the 1999 ACC Coach of the Year.

Be it further resolved that a copy of this resolution be presented to Coach Tommy Bowden.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

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

H. 4723 (Word version) -- Reps. R. Smith, Clyburn, Sharpe and Perry: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY SO AS TO CHANGE THE NAME OF TOWN CREEK PRECINCT TO PINE FOREST PRECINCT.
On motion of Rep. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.


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H. 4724 (Word version) -- Reps. Allen, Bales, Cobb-Hunter, Neilson, Cotty, Sheheen, Wilkes, Lourie, Scott, Emory, J. M. Neal, Howard, Wilder, J. H. Neal, M. Hines, Harvin, Knotts, Whatley, Ott, Govan, Askins, Bailey, Barfield, Battle, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Canty, Carnell, Clyburn, Gourdine, Hayes, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Leach, Lloyd, Loftis, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Hosey, Parks, Phillips, Pinckney, Rhoad, Rutherford, J. Smith, Stille, Townsend, Webb, Whipper and Witherspoon: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH BY ADDING CHAPTER 130, ENACTING THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT, SO AS TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE YEARS WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL, TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM, AND TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM.
Referred to Committee on Ways and Means

H. 4725 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-205 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE ANNUAL FLU SHOTS TO "AT-RISK" STATE EMPLOYEES WHO QUALIFY FOR BENEFITS UNDER THE STATE INSURANCE PLAN AT NO COST TO THE EMPLOYEE, AND TO DEFINE "AT-RISK" FOR PURPOSES OF THIS PROVISION.
Referred to Committee on Ways and Means

H. 4726 (Word version) -- Rep. Koon: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN HUNTING LICENSES,


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SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE A TEN-DAY NONRESIDENTIAL BIG GAME PERMIT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4727 (Word version) -- Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT STATE TAXES MAY NOT BE INCREASED AND NEW STATE TAXES MAY NOT BE IMPOSED EXCEPT UPON A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE STATE IN A REFERENDUM, TO LIMIT INCREASES IN STATE SPENDING TO THE INCREASE IN THE CONSUMER PRICE INDEX AND PROVIDE EXCEPTIONS, TO AUTHORIZE THE GOVERNOR TO DECLARE A FISCAL EMERGENCY THAT SUSPENDS THE LIMITATIONS IMPOSED BY THIS SECTION FOR THE DURATION OF THE EMERGENCY AND ESTABLISH HOW THE LIMITATIONS ARE REIMPOSED AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE IMPLEMENTATION OF THESE LIMITATIONS.
Referred to Committee on Ways and Means

H. 4728 (Word version) -- Reps. Campsen, Quinn, Easterday, Hamilton, Loftis, Lucas, Neilson and Robinson: A BILL TO ENACT THE SOUTH CAROLINA CAPITAL GAIN HOLDING PERIOD REFORM ACT BY AMENDING SECTION 12-6-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX DEDUCTION FOR A PORTION OF NET CAPITAL GAIN, SO AS TO ELIMINATE THE SEPARATE STATE HOLDING PERIOD OF TWO YEARS TO QUALIFY FOR THE DEDUCTION, REQUIRE THE HOLDING PERIOD FOR THE STATE DEDUCTION TO CONFORM TO THE FEDERAL HOLDING PERIOD FOR LONG-TERM CAPITAL GAIN, AND TO DELETE OBSOLETE LANGUAGE.
Referred to Committee on Ways and Means

H. 4729 (Word version) -- Reps. Easterday, Hamilton, W. McLeod, Rice and Seithel: A JOINT RESOLUTION PROPOSING AN AMENDMENT


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TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 IN ARTICLE III SO AS TO ESTABLISH A SEPARATE FUND IN THE STATE TREASURY STYLED THE TOBACCO TRUST FUND TO RECEIVE ALL REVENUES DUE THIS STATE UNDER THE TOBACCO MASTER SETTLEMENT AGREEMENT, TO PROVIDE THAT EARNINGS ON THIS ACCOUNT ARE RETAINED IN IT, AND TO PROVIDE THAT REVENUES IN THE FUND MAY BE APPROPRIATED BY THE GENERAL ASSEMBLY ONLY TO MEET COSTS INCURRED BY THE STATE IN THE TREATMENT OF SMOKING-RELATED DISEASES, FOR SMOKING CESSATION PROGRAMS, AND FOR YOUTH SMOKING PREVENTION PROGRAMS.
Referred to Committee on Ways and Means

H. 4730 (Word version) -- Reps. Rhoad, Sharpe, Seithel and Hayes: A BILL TO AMEND SECTION 47-4-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF PROVISIONS TITLE 47, SO AS TO CHANGE THE MAXIMUM PENALTIES FOR CERTAIN VIOLATIONS FROM A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN THAT AMOUNT AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT OR IMPRISONMENT FOR NOT MORE THAN THAT PERIOD OF TIME AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT; TO AMEND SECTION 47-11-90, AS AMENDED, RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE, SO AS TO DELETE PROVISIONS RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE FOR DAIRY AND BREEDING PURPOSES BEFORE THEY ARE REMOVED FROM A PUBLIC LIVESTOCK AUCTION MARKET AND PROVIDE THAT, WHEN CONSIDERED ADVISABLE BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION, ALL ANIMALS EXCEPT THOSE FOR IMMEDIATE SLAUGHTER MUST BE TESTED FOR BRUCELLOSIS BEFORE BEING REMOVED FROM STOCKYARDS OR OTHER PREMISES WHERE ANIMALS ARE HELD FOR SALE; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO HORSES ENTERING THE STATE BEING TESTED FOR EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE THAT THE HORSE MUST BE ACCOMPANIED BY AN


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OFFICIAL TEST CHART SHOWING THAT THE HORSE REACTED NEGATIVELY TO THE TEST WITHIN THE TWELVE MONTHS BEFORE ENTRY; TO AMEND SECTION 47-13-1390, AS AMENDED, RELATING TO FALSE COGGINS TEST CERTIFICATES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF HAVING A FALSE OR FORGED CERTIFICATE MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-13-1400, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF EQUINE INFECTIOUS ANEMIA TESTING REQUIREMENTS, SO AS TO PROVIDE THAT A PERSON VIOLATING THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 47, RELATING TO EQUINE INFECTIOUS ANEMIA, MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-15-10, RELATING TO THE DEFINITION OF "GARBAGE", SO AS TO STRIKE VEGETABLE WASTE FROM THE DEFINITION AND TO FURTHER PROVIDE THAT UNPASTEURIZED MILK AND UNPASTEURIZED MILK PRODUCTS ARE ANIMAL WASTE; TO AMEND SECTION 47-17-100, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-17-60, 47-17-70, AND 47-17-80 REGULATING MEAT AND MEAT FOOD PRACTICES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130, AND TO PROVIDE FURTHER PENALTIES IF A VIOLATION INVOLVES INTENT TO DEFRAUD OR DISTRIBUTION OF AN ADULTERATED ARTICLE; AND TO AMEND SECTION 47-19-120, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-19-70, 47-19-80, 47-19-90, 47-19-100, AND 47-19-110 REGULATING POULTRY PRODUCTS INSPECTION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4731 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFULLY SUPPLYING MINORS WITH TOBACCO, CIGARETTES, CIGARETTE PAPER, OR A SUBSTITUTE OF THESE ITEMS, SO AS TO PROVIDE THAT A


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LAW ENFORCEMENT AGENCY MAY CONFISCATE AND DESTROY A TOBACCO OR CIGARETTE PRODUCT FOUND IN THE POSSESSION OF A PERSON UNDER EIGHTEEN YEARS OF AGE.
Referred to Committee on Judiciary

H. 4732 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 30-4-20 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE DEFINITION OF THE TERM "MEETING" IS A CORPORAL CONVENING OF THE MEMBERSHIP OF THE BODY AND TO DELETE CONVENING BY MEANS OF ELECTRONIC EQUIPMENT EXCEPT IN THE CASE OF A NATURAL OR DECLARED DISASTER.
Referred to Committee on Judiciary

S. 544 (Word version) -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Referred to Committee on Judiciary

S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington, Mescher and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY


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ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.
Referred to Committee on Medical, Military, Public and Municipal Affairs

CONCURRENT RESOLUTION

The following was introduced:

H. 4733 (Word version) -- Reps. Govan, Breeland, Scott, Ott, Cobb-Hunter, Stuart, Sharpe, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, 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, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WALTER L. SALTERS, PH.D., OF ORANGEBURG COUNTY AND EXTENDING DEEPEST SYMPATHY TO HIS WIDOW, GRACE HEYWARD SALTERS, PH.D., DAUGHTER, OTHER FAMILY MEMBERS, AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


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ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Breeland
Brown, H.              Brown, J.              Brown, T.
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harris                 Harrison               Harvin
Haskins                Hawkins                Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Huggins                Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Lanford                Law
Leach                  Lee                    Lloyd
Loftis                 Lourie                 Mack
McCraw                 McGee                  McKay
McLeod, M.             McLeod, W.             McMahand
Meacham-Richardson     Miller                 Neal, J.M.
Neilson                Parks                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Taylor                 Townsend
Trotter                Walker                 Webb
Whatley                Whipper                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell


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STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 2.

Elsie Stuart                      Harry Ott
Bill Cotty                        George Campsen
Daniel Tripp                      William Bowers
Becky Martin                      Timothy Wilkes
Harry Stille                      Harry Askins
Shirley Hinson                    Bessie Moody-Lawrence
H.B. "Chip" Limehouse             Todd Rutherford
J. Cordell Maddox                 Joseph Neal
Grady Brown                       Marion Carnell
Ralph Canty                       Clementa Pinckney
Larry Koon                        Lynn Seithel
James Lucas

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. GILHAM a leave of absence for the day due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LUCAS a temporary leave of absence to attend a funeral.

DOCTOR OF THE DAY

Announcement was made that Dr. William Brannon of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS 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


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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. 4682 (Word version)
Date:   ADD:
03/02/00   W. MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3266 (Word version)
Date:   ADD:
03/02/00   W. MCLEOD

ORDERED TO THIRD READING

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

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.

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.

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


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DOCUMENT NUMBER 2378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 4716--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4716 (Word version) be read the third time tomorrow.

S. 1186--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that S. 1186 (Word version) be read the third time tomorrow.

H. 4699--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PARKS, with unanimous consent, it was ordered that H. 4699 (Word version) be read the third time tomorrow.

RETURNED TO THE SENATE WITH AMENDMENTS

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

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-


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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.

SENT TO SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

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


Printed Page 1544 . . . . . Thursday, March 2, 2000

PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.

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.

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.

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.

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


Printed Page 1545 . . . . . Thursday, March 2, 2000

LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

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


Printed Page 1546 . . . . . Thursday, March 2, 2000

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 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.

H. 4704--TABLED

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 moved to table the Bill, which was agreed to.

H. 3914--POINT OF ORDER

The following Bill was taken up:

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


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

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11806AC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 38-39-90(e) as amended by Act 181 of 1993, is further amended to read:

"(e)   Whenever an insurance contract is canceled, the insurer shall return whatever gross unearned premiums are due under the insurance contract to the premium service company which financed the premium for the account of the insured. The gross unearned premiums due on personal lines insurance contracts financed by premium service companies must be computed on a pro rata basis."
SECTION   2.   This act takes effect on January 1, 2001./
Renumber sections to conform.
Amend totals and title to conform.

Rep. TRIPP explained the amendment.

POINT OF ORDER

Rep. YOUNG-BRICKELL 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. 1008--POINT OF ORDER

The following Bill was taken up:

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


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EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

POINT OF ORDER

Rep. HARRISON 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.

H. 3553--POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

Rep. HARRISON 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.

H. 4543--POINT OF ORDER

The following Bill was taken up:

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 INFORMATION PROVIDED IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIPALITY IS


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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.

POINT OF ORDER

Rep. YOUNG-BRICKELL 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.

H. 3828--REFERRED TO COMMITTEE ON WAYS AND MEANS ON POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

Rep. HARRELL raised the Point of Order that under Rule 4.4 the Bill directly appropriated money and should be referred to the Ways and Means Committee before being considered by the House.
SPEAKER WILKINS sustained the Point of Order and ordered that the Bill be sent to the Ways and Means Committee.


Printed Page 1550 . . . . . Thursday, March 2, 2000

H. 3741--POINT OF ORDER

The following Bill was taken up:

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", 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.

POINT OF ORDER

Rep. SCOTT 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.

H. 3266--POINT OF ORDER

The following Bill was taken up:

H. 3266 (Word version) -- Reps. D. Smith, J. Brown and W. McLeod: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA


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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.

POINT OF ORDER

Rep. SHARPE 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.

H. 3925--POINT OF ORDER

The following Bill was taken up:

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 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.

POINT OF ORDER

Rep. SHARPE 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.


Printed Page 1552 . . . . . Thursday, March 2, 2000

H. 3434--POINT OF ORDER

The following Bill was taken up:

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 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.

POINT OF ORDER

Rep. WILKES 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.


Printed Page 1553 . . . . . Thursday, March 2, 2000

H. 4349--DEBATE ADJOURNED

The following Bill was taken up:

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

Rep. BAILEY explained the Bill.

Rep. BAILEY moved to adjourn debate on the Bill until Tuesday, March 7, which was agreed to.

H. 4578--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

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


Printed Page 1554 . . . . . Thursday, March 2, 2000

GREENVILLE COUNTY THE "BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR" AND ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

Whereas, Buck Mickel was one of South Carolina's and Greenville County's most distinguished business and civic leaders whose wealth of knowledge and experience acquired over the fifty years of his professional life and public service made him a trusted advisor and mentor to many business people and public servants throughout the county, State, and nation; and

Whereas, after serving in World War II as a United States Maritime Academy Midshipman and in the Korean War as a First Lieutenant in the Corps of Engineers, Mr. Mickel's remarkable business career began in 1948 with Daniel Construction Company, later acquired by the Fluor Corporation in Greenville, South Carolina. He took Daniel Construction Company from a regional player to a global construction giant with expertise in many markets. At the time Fluor became interested in acquiring Daniel in 1977, Fluor was principally a maker of industrial equipment for the petroleum industry. From this acquisition emerged Fluor Daniel, the principal subsidiary of the Fluor Company, an international engineering, construction, and diversified services company. Mr. Mickel retired from his executive positions with Fluor in March, 1987, but remained a director until his retirement in December, 1997. He passed away July 23, 1998; and

Whereas, Mr. Mickel received numerous awards and recognitions for his many contributions and achievements, including our state's highest honor, the "Order of the Palmetto", in 1977, and being named South Carolina's "Businessman of the Year" in 1983 by the South Carolina Chamber of Commerce; and

Whereas, Mr. Mickel was a respected civic and community leader who served as a Life Trustee of Clemson University, a trustee of Converse College, a trustee of Brookgreen Gardens, and a member of the Advisory Boards of the South Carolina Foundation of Independent Colleges; and

Whereas, it is fitting and proper that the Southern Connector, a sixteen mile, four lane freeway facility with five interchanges which begins at the I-385 and U.S. Route 276 split and extends south and


Printed Page 1555 . . . . . Thursday, March 2, 2000

west to existing Interstate 85 at its interchange with I-85, be designated the "Buck Mickel Memorial Southern Connector". This highway is an important addition to the transportation infrastructure of Greenville County and its booming economy and naming the Southern Connector in memory of Mr. Mickel will be a visible legacy of all his important contributions to the community. Now, therefore,

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

That the members of the South Carolina General Assembly request that the Department of Transportation name the Southern Connector in Greenville County the "Buck Mickel Memorial Southern Connector" and erect appropriate signs or markers reflecting this designation.

Be it further resolved that a copy of this resolution be forwarded to the family of Mr. Mickel and the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

S. 60--AMENDED AND RECOMMITTED

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

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.

Rep. ROBINSON moved to recommit the Bill.

Rep. SCOTT moved to table the motion.


Printed Page 1556 . . . . . Thursday, March 2, 2000

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

Yeas 56; Nays 55

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Cotty                  Delleney               Emory
Gourdine               Govan                  Harris
Harrison               Harvin                 Haskins
Hayes                  Hines, M.              Hosey
Howard                 Inabinett              Jennings
Kennedy                Lloyd                  Lourie
Mack                   Maddox                 McCraw
McGee                  McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Parks                  Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Simrill                Smith, F.              Smith, J.
Tripp                  Whatley                Wilder
Wilkes                 Woodrum

Total--56

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Edge                   Fleming                Frye
Gamble                 Hamilton               Harrell
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Loftis                 Martin
McKay                  Meacham-Richardson     Perry
Phillips               Quinn                  Rice

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Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Smith, D.
Smith, R.              Stuart                 Taylor
Townsend               Trotter                Walker
Webb                   Wilkins                Witherspoon
Young-Brickell

Total--55

So, the motion to recommit the Bill was tabled.

Rep. J. SMITH proposed the following Amendment No. 13 (Doc Name COUNCIL\PSD\AMEND\7070SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, in SECTION 1, page (60-2), lines 7 and 8 by striking:
/   All general election days are legal holidays in addition to the above. / and inserting:
/   all general election days are legal holidays in addition to the above.   /
Amend title to conform.

Rep. J. SMITH explained the amendment.

Rep. HARRISON spoke against the amendment.

Rep. HARRISON moved to table the amendment.

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

Yeas 59; Nays 55

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Easterday
Edge                   Fleming                Frye
Harrell                Harris                 Harrison
Haskins                Hawkins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts

Printed Page 1558 . . . . . Thursday, March 2, 2000

Koon                   Lanford                Law
Leach                  Loftis                 Martin
McGee                  McLeod, W.             Meacham-Richardson
Perry                  Quinn                  Rice
Riser                  Rodgers                Sandifer
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Taylor
Townsend               Tripp                  Trotter
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--59

Those who voted in the negative are:

Allen                  Altman                 Askins
Bailey                 Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, T.              Canty                  Clyburn
Cobb-Hunter            Delleney               Emory
Gamble                 Gourdine               Govan
Hamilton               Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod, M.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Robinson               Rutherford
Scott                  Sheheen                Smith, F.
Smith, J.              Stuart                 Whipper
Wilkes

Total--55

So, the amendment was tabled.


Printed Page 1559 . . . . . Thursday, March 2, 2000

Rep. YOUNG-BRICKELL proposed the following Amendment No. 20 (Doc Name COUNCIL\GJK\AMEND\21045SOM):
Amend the bill, as and if amended, in Section 53-5-10, as contained in SECTION 1, page (60-1), line 36, by inserting after / day, /
/the Monday after Mother's Day- South Carolina Mother's Day,/
Renumber sections to conform.
Amend title to conform.

Rep. MEACHAM-RICHARDSON moved to adjourn debate on the amendment, which was agreed to.

Rep. J. SMITH proposed the following Amendment No. 21 (Doc Name COUNCIL\GJK\AMEND\21052SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, page (60-2), line 8, as contained in SECTION 1, by inserting after / above ./
/State employees are granted administrative leave with pay for the time necessary to vote in a general election. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. SMITH explained the amendment.

LEAVE OF ABSENCE

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

Rep. J. SMITH continued speaking.
Rep. COTTY spoke against the amendment.

Rep. COTTY moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 45

Those who voted in the affirmative are:

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

Printed Page 1560 . . . . . Thursday, March 2, 2000

Fleming                Frye                   Gamble
Hamilton               Harris                 Harrison
Haskins                Hawkins                Hayes
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Law                    Leach
Limehouse              Loftis                 Martin
McCraw                 McGee                  McLeod, W.
Meacham-Richardson     Ott                    Perry
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Walker
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--66

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Canty
Carnell                Clyburn                Cobb-Hunter
Delleney               Emory                  Govan
Harvin                 Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
Maddox                 McLeod, M.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Parks                  Pinckney
Rhoad                  Rutherford             Scott
Seithel                Sheheen                Smith, F.
Smith, J.              Whipper                Wilkes

Total--45

So, the amendment was tabled.


Printed Page 1561 . . . . . Thursday, March 2, 2000

Rep. J. SMITH proposed the following Amendment No. 22 (Doc Name COUNCIL\SKB\AMEND\18227SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, page [60-2], line 8, as contained in SECTION 1, by inserting after / above. /:
/ State employees are granted a maximum of two hours of administrative leave with pay for the purpose of voting in a general election. /
Amend title to conform.

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

Rep. ROBINSON proposed the following Amendment No. 23 (Doc Name COUNCIL\PSD\AMEND\7078SOM00):
Amend the bill, as and if amended, Section 53-5-10, 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. ROBINSON moved to adjourn debate on the amendment, which was agreed to.

Rep. ROBINSON proposed the following Amendment No. 24 (Doc Name COUNCIL\PSD\AMEND\7077SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, in SECTION 1, page (60-1), lines 33 and 34, by striking / Martin Luther King, Jr. Day / and inserting / Modjeska Simkins Day   /
Amend title to conform.

Rep. ROBINSON explained the amendment.

Rep. COTTY moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Yeas 80; Nays 24

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Barrett                Battle
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Campsen

Printed Page 1562 . . . . . Thursday, March 2, 2000

Carnell                Clyburn                Cotty
Dantzler               Delleney               Emory
Gamble                 Govan                  Harris
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Inabinett              Jennings               Keegan
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Lee                    Limehouse              Lloyd
Lourie                 Mack                   Maddox
McCraw                 McGee                  McLeod, W.
McMahand               Meacham-Richardson     Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Perry
Phillips               Pinckney               Rhoad
Rodgers                Scott                  Sharpe
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Webb                   Whatley
Whipper                Wilkes                 Wilkins
Witherspoon            Woodrum

Total--80

Those who voted in the negative are:

Altman                 Barfield               Cato
Chellis                Cooper                 Davenport
Easterday              Edge                   Fleming
Frye                   Hamilton               Harrell
Hinson                 Huggins                Kelley
Law                    Leach                  Martin
Quinn                  Rice                   Robinson
Sandifer               Trotter                Young-Brickell

Total--24

So, the amendment was tabled.


Printed Page 1563 . . . . . Thursday, March 2, 2000

Rep. ROBINSON proposed the following Amendment No. 25 (Doc Name COUNCIL\PSD\AMEND\7084SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, in SECTION 1, page (60-1), lines 33 and 34, by striking / Martin Luther King, Jr. Day / and inserting / Ernest A. Finney, Jr. Day   /
Amend title to conform.

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

Rep. ROBINSON proposed the following Amendment No. 26 (Doc Name COUNCIL\PSD\AMEND\7083SOM00), which was tabled:
Amend the bill, as and if amended, Section 53-5-10, in SECTION 1, page (60-1), lines 33 and 34, by striking / Martin Luther King, Jr. Day / and inserting / Jonathan Jasper Wright Day   /
Amend title to conform.

Rep. ROBINSON explained the amendment.

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

Rep. ALTMAN proposed the following Amendment No. 27 (Doc Name COUNCIL\GJK\AMEND\21059SOM00):
Amend the bill, as and if amended, in Section 53-5-10, as contained in SECTION 1, page (60-1), by inserting after /Day,/ on line 35, /the fourth Monday of February - South Carolina Employees Appreciation Day, /
Renumber sections to conform.
Amend title to conform.

Rep. ALTMAN moved to adjourn debate on the amendment.

Rep. J. SMITH moved to table the motion, which was rejected.

The question then recurred to the motion to adjourn debate, which was agreed to.

Rep. HINSON proposed the following Amendment No. 30 (Doc Name COUNCIL\GGS\AMEND\22540CM00), which was tabled:


Printed Page 1564 . . . . . Thursday, March 2, 2000

Amend the bill, as and if amended, Section 53-5-10, as contained in SECTION 1, by deleting / the fifteenth day of January / on line 28, page 1 and inserting:

/ the Saturday closest to his birthday /.
Amend title to conform.

Rep. HINSON explained the amendment.

Rep. J. SMITH moved to table the amendment.

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

Yeas 59; Nays 53

Those who voted in the affirmative are:

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

Total--59

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen

Printed Page 1565 . . . . . Thursday, March 2, 2000

Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Edge                   Frye                   Gamble
Hamilton               Harrell                Hawkins
Hinson                 Huggins                Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Loftis
Martin                 Meacham-Richardson     Perry
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, R.              Stuart
Taylor                 Townsend               Trotter
Walker                 Whatley                Wilkins
Woodrum                Young-Brickell

Total--53

So, the amendment was tabled.

Rep. ROBINSON proposed the following Amendment No. 31 (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. 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


Printed Page 1566 . . . . . Thursday, March 2, 2000

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.
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. 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:


Printed Page 1567 . . . . . Thursday, March 2, 2000

"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 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


Printed Page 1568 . . . . . Thursday, March 2, 2000

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. 39 (Doc Name COUNCIL\GJK\AMEND\21046SOM00), which was adopted:
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 - Civil Rights 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,


Printed Page 1569 . . . . . Thursday, March 2, 2000

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 explained the amendment.

POINT OF ORDER

Rep. F. SMITH raised the Point of Order that Amendment No. 39 was out of order in that it was not germane under Rule 9.3.
Rep. ROBINSON argued contra.
Rep. PINCKNEY stated that Section 1 was germane to the Bill in that it dealt with legal holidays, but Sections 2 and 3 were not germane in that they dealt with Confederate monuments and the Confederate Battle Flag.
Rep. JENNINGS argued that the amendment was not germane to the Bill.
Rep. COBB-HUNTER argued that the amendment was not germane to the Bill.
Rep. KNOTTS stated that the amendment was germane to the Bill in that it dealt with holidays, monuments and the flag which all had historical significance to the State.
SPEAKER WILKINS stated that under Rule 9.3 the amendment was germane to the Bill and he overruled the Point of Order.


Printed Page 1570 . . . . . Thursday, March 2, 2000

Rep. F. SMITH moved to divide the question.

Rep. ALTMAN moved to table the motion.

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

Yeas 62; Nays 54

Those who voted in the affirmative are:

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

Total--62

Those who voted in the negative are:

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

Printed Page 1571 . . . . . Thursday, March 2, 2000

Hines, M.              Hosey                  Howard
Inabinett              Jennings               Kennedy
Lee                    Lloyd                  Lourie
Mack                   Maddox                 McCraw
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Smith, F.              Smith, J.              Tripp
Whipper                Wilder                 Wilkes

Total--54

So, the motion to divide the question was tabled.

Rep. COBB-HUNTER spoke against the amendment.

Rep. SCOTT moved to table the amendment.

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

Yeas 55; Nays 62

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Canty                  Carnell
Clyburn                Cobb-Hunter            Cotty
Delleney               Emory                  Govan
Harris                 Harrison               Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
Maddox                 McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Pinckney
Rhoad                  Rutherford             Scott

Printed Page 1572 . . . . . Thursday, March 2, 2000

Sheheen                Smith, F.              Smith, J.
Tripp                  Whipper                Wilder
Wilkes

Total--55

Those who voted in the negative are:

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

Total--62

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 64; Nays 52


Printed Page 1573 . . . . . Thursday, March 2, 2000

Those who voted in the affirmative are:
Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Edge                   Fleming                Frye
Gamble                 Hamilton               Harrell
Haskins                Hawkins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Loftis
Martin                 McCraw                 McGee
Meacham-Richardson     Neilson                Perry
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Trotter                Walker
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--64

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Canty                  Carnell
Clyburn                Cobb-Hunter            Cotty
Delleney               Emory                  Govan
Harris                 Harrison               Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
Maddox                 McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott

Printed Page 1574 . . . . . Thursday, March 2, 2000

Parks                  Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Smith, F.              Smith, J.              Wilder
Wilkes

Total--52

So, the amendment was adopted.

Rep. HARRISON moved to recommit the Bill.

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

Yeas 64; Nays 53

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Brown, T.
Cato                   Chellis                Cooper
Dantzler               Delleney               Easterday
Edge                   Fleming                Frye
Gamble                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Loftis                 Martin                 McCraw
McGee                  Meacham-Richardson     Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Sheheen                Smith, D.              Smith, R.
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Walker
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--64


Printed Page 1575 . . . . . Thursday, March 2, 2000

Those who voted in the negative are:
Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Campsen                Canty                  Carnell
Clyburn                Cobb-Hunter            Cotty
Davenport              Emory                  Govan
Harris                 Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   Maddox
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Pinckney               Rutherford
Scott                  Seithel                Simrill
Smith, F.              Smith, J.              Stille
Wilder                 Wilkes

Total--53

So, the Bill was recommitted.

Rep. SCOTT moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 12:00 noon the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Mrs. Betty Bailey, to meet at 10:00 a.m. tomorrow.

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