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


Printed Page 2649 . . . . . Wednesday, March 29, 2000

Wednesday, March 29, 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 Lord God, near to all who seek You and the strength of all who follow You, give us the assurance of Your presence lest we be awed by difficulties and frightened by problems. Hold us by Your mighty right hand that we might be sufficient for every situation. Amid all the voices around, enable us to hear Your voice, knowing that when we follow Your beckoning we shall come to know that we are following the wisest and the best. Keep us as partners with the all wise God. Hear us in this our prayer of thanksgiving. 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. SEITHEL moved that when the House adjourns, it adjourn in memory of Mark Elliott Motley of Charleston, which was agreed to.

COMMITTEE APPOINTMENT
OFFICE OF THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES

The following was received:

March 28, 2000
The Honorable Michael S. Whatley
P.O. Box 11867
Columbia, SC 29211


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Dear Representative Whatley:

Effective immediately, I am appointing you to serve on the Medical, Military, Public and Municipal Affairs Committee. If you have any questions, please do not hesitate to contact me.

Sincerely,
David H. Wilkins
Speaker of the House

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese, Wilson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THIS ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THIS ACT AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 4558 (Word version) -- Reps. J. Smith, Lourie, Hawkins and Klauber: A BILL TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS


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AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF, THE UNITED STATES CODE, AND THIS SECTION; AND TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

S. 755 (Word version) -- Senator Bryan: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RIGHTS, DUTIES AND POWERS OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION COLLECT STATISTICS AND ADOPT REGULATIONS ON MENTAL DEFICIENCIES AND EPILEPTICS; TO AMEND SECTION 44-11-10, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT HALL PSYCHIATRIC INSTITUTE SHALL NO LONGER BE MAINTAINED AS A MENTAL HEALTH FACILITY; TO AMEND SECTION 44-15-50, RELATING TO GRANTS AUTHORIZED AND APPROVED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO DELETE REQUIREMENTS AS TO HOW FUNDS MAY BE EXPENDED; TO AMEND SECTION 44-15-80, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF MENTAL HEALTH, SO AS


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TO PROVIDE THAT ANYONE WHO CANNOT AFFORD TREATMENT IS ELIGIBLE TO RECEIVE CERTAIN SERVICES; TO AMEND SECTION 44-17-410, RELATING TO THE EMERGENCY ADMISSION OF PERSONS TO A PUBLIC OR PRIVATE HOSPITAL, MENTAL HEALTH CLINIC, OR MENTAL HEALTH FACILITY, SO AS TO PROVIDE FOR EXTENUATING CIRCUMSTANCES FOR REVIEWING INVOLUNTARY TREATMENT; TO AMEND SECTION 44-17-540, RELATING TO THE EXAMINATION OF PERSONS ADMITTED FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE CERTAIN REQUIREMENTS WHEN INVOLUNTARY TREATMENT IS REQUIRED; TO AMEND SECTION 44-17-580, RELATING TO HOSPITALIZATION FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE FOR THE DISMISSAL OF PROCEEDINGS WHEN A PERSON IS NOT IN NEED OF INVOLUNTARY TREATMENT; TO AMEND SECTION 44-22-150, RELATING TO THE RESTRAINT, SECLUSION OR PHYSICAL COERCION OF PATIENTS RESIDING IN MENTAL HEALTH OR ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO DEFINE RESTRAINT; TO AMEND SECTION 44-23-1100, RELATING TO THE DISCLOSURE OF INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF INFORMATION PURSUANT TO SECTION 44-22-100; AND TO REPEAL SECTION 44-23-50.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

S. 95 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION


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OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.
Ordered for consideration tomorrow.

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

H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.
Ordered for consideration tomorrow.

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

H. 4634 (Word version) -- Reps. Hawkins, Allison, Davenport and Littlejohn: A BILL TO AMEND SECTION 16-11-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF COMMUNICATING A THREAT TO KILL, INJURE, INTIMIDATE, OR DESTROY PROPERTY BY MEANS OF AN EXPLOSIVE OR INCENDIARY DEVICE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.


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

H. 4393 (Word version) -- Reps. Jennings and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE THAT A WRITE-IN CANDIDATE MUST FILE A DECLARATION STATING THAT HE IS A WRITE-IN CANDIDATE, AS WELL AS THE OFFICE HE IS SEEKING, IN ORDER TO HAVE ANY WRITE-IN VOTES CAST FOR HIM COUNTED AND REPORTED AND PROVIDE AN EXCEPTION; AND TO AMEND SECTION 7-13-360, RELATING TO WRITE-IN NAMES ON A BALLOT, SO AS TO REQUIRE THAT WRITE-IN CANDIDATES COMPLY WITH THE REQUIREMENTS OF SECTION 7-13-365.
Ordered for consideration tomorrow.

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

H. 4281 (Word version) -- Rep. Rodgers: A BILL TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS CONTAINED IN THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996" WHICH AUTHORIZES PERMITS TO BE ISSUED TO SPECIFIED RESIDENTS TO CARRY CONCEALED WEAPONS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT" TO INCLUDE AN INDIVIDUAL WHO POSSESSES A VALID SOUTH CAROLINA VOTER REGISTRATION CARD OR A VALID SOUTH CAROLINA DRIVER'S LICENSE.
Ordered for consideration tomorrow.

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

H. 4526 (Word version) -- Reps. Campsen, Quinn, Taylor, McGee, Altman, Barrett, Easterday, Hamilton, Harrell, Haskins, Leach, Meacham-Richardson, Rice, Robinson, Sandifer, Simrill, F. Smith, Tripp, Trotter, Wilkins and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE


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THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

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

H. 4833 (Word version) -- Rep. Hawkins: A CONCURRENT RESOLUTION TO HONOR THE MEN AND WOMEN PROUDLY SERVING IN THE SOUTH CAROLINA NATIONAL GUARD AND DECLARE APRIL 12, 2000, AS "SOUTH CAROLINA NATIONAL GUARD APPRECIATION DAY" IN APPRECIATION FOR THEIR SERVICE AND THEIR SACRIFICES.

Whereas, over eleven thousand South Carolinians are proudly serving as citizen soldiers and airmen in the South Carolina National Guard in over seventy-seven communities throughout South Carolina; and

Whereas, these men and women are serving our nation and our State at home and abroad as a force for global security, state emergency support, and community support; and

Whereas, during the past year South Carolina National Guard soldiers and airmen participated in the following operations:


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(1)   Operation Southern Watch, wherein a South Carolina Army National Guard aviation task force (Task Force 151) was deployed to Kuwait as a deterrent force to Iraqi aggression;

(2)   Operation Northern Watch, wherein the South Carolina Air National Guard's 169th Fighter Wing deployed to Turkey as part of an Air Expeditionary Force flying combat missions over northern Iraq;

(3)   Operation Horizontes Nuevos wherein South Carolina Army National Guard engineers built schools and clinics to restore hope in the nation of Honduras ravaged by Hurricane Mitch; and

(4)   Operation Joint Guardian, wherein the South Carolina Army National Guard's 792nd Army Oil Analysis Program Laboratory deployed to Macedonia in support of NATO operations in Kosovo; and

Whereas, during the past year several thousand South Carolina Army and Air National Guardsmen were called to active duty in support of civil authorities during the approaches of hurricanes Dennis and Floyd and in the wake of extensive flooding in Horry County; and

Whereas, the South Carolina National Guard is involved in numerous community support programs including:

(1)   The Youth Challenge Academy, a program for at risk youth in partnership with the Wil Lou Gray Opportunity School;

(2)   The Counter Drug Program, a program which provides support to federal, state, and local law-enforcement agencies in the war against illicit drugs in the form of reconnaissance helicopters, intelligence analysts, case investigators, mail inspectors, and technical support personnel;

(3)   The Wateree Swamp National Monument Project wherein the South Carolina Air National Guard in concert with Air National Guard construction units from throughout the United States have constructed a new visitors' center, and countless smaller engineering projects throughout the State of South Carolina; and

Whereas, it is fitting and proper to honor the men and women proudly serving in the South Carolina National Guard and in appreciation for their service and their sacrifices. 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, honor the men and women proudly serving


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in the South Carolina National Guard and declare April 12, 2000, as "South Carolina National Guard Appreciation Day" in appreciation for their service and their sacrifices.

Be it further resolved that a copy of this resolution be forwarded to the Adjutant General for the State of South Carolina and published by the Adjutant General to the men and women serving in the South Carolina National Guard.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4834 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A CONCURRENT RESOLUTION TO CONGRATULATE ALAN WARNER OF PICKENS UPON HIS RECEIPT OF THE "SPECIAL RECOGNITION FOR OUTSTANDING VOLUNTEERISM AWARD" PRESENTED BY THE SOUTH CAROLINA FEDERATION OF MUSEUMS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4835 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A CONCURRENT RESOLUTION TO CONGRATULATE THE PICKENS COUNTY MUSEUM OF ART AND HISTORY UPON ITS RECEIPT OF THE "HISTORIC PRESERVATION HONOR AWARD" PRESENTED BY THE PALMETTO TRUST FOR HISTORIC PRESERVATION.

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


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1283 (Word version) -- Senators Wilson, Ryberg, Setzler, Bauer and Peeler: A CONCURRENT RESOLUTION RECOGNIZING THE LIFE AND DEATH OF JOSEPH DREW SMITH, AND HIS LASTING CONTRIBUTION TO BOATING SAFETY IN THE STATE OF SOUTH CAROLINA, BY NAMING THE NEW LAKE MURRAY MARINE PATROL STATION ON BUNDRICK ISLAND IN LEXINGTON COUNTY IN HIS HONOR.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1284 (Word version) -- Senators J. V. Smith, Thomas, Bryan, Fair and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REPLACEMENT OVERPASS BRIDGE THAT CROSSES THE NORFOLK-SOUTHERN RAILROAD TRACKS ON SUBER ROAD IN THE CITY OF GREER IN HONOR OF THE HONORABLE LEWIS RAYMOND VAUGHN AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4836 (Word version) -- Reps. Gourdine, Bales, Barfield, J. Brown, Clyburn, Dantzler, Frye, Hosey, Lloyd, M. McLeod, Ott, Pinckney, Rhoad, Rutherford, Scott, Sharpe and Witherspoon: A BILL TO REPEAL SECTION 50-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO SIZE LIMIT ON FRESHWATER GAME FISH OR TROUT CAUGHT IN THIS STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


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H. 4837 (Word version) -- Reps. Fleming, Davenport, Lee, Lourie, Lucas, Neilson, Rodgers, Sandifer, Simrill, J. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1295 SO AS TO PROVIDE THAT THE TITLE, REGISTRATION, AND LICENSE PLATE OF A DECEDENT'S MOTOR VEHICLE MAY BE REISSUED TO THE DECEDENT'S SURVIVING SPOUSE UPON APPLICATION, AND TO PROVIDE THAT NO FEES ARE CHARGED FOR THESE REISSUES AND THAT THESE REISSUES DO NOT INTERRUPT THE MOTOR VEHICLE TAX YEAR OF THE VEHICLE.
Rep. FLEMING asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. OTT objected.
Referred to Committee on Education and Public Works

H. 4838 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 24-21-645 AND SECTION 24-21-650, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO ORDERS AUTHORIZING PAROLE, SO AS TO PROVIDE THAT IN THE CASE OF A PRISONER IN CONFINEMENT FOR A VIOLENT CRIME, THE CASE WILL BE REVIEWED BY THE BOARD EVERY TWO YEARS IF, UPON A NEGATIVE DETERMINATION OF PAROLE, THE BOARD FINDS IT IS NOT REASONABLE TO EXPECT THAT PAROLE WOULD BE GRANTED AT A HEARING THE FOLLOWING YEAR AND STATES THE BASIS FOR THAT FINDING.
Referred to Committee on Judiciary

H. 4839 (Word version) -- Reps. Vaughn, Wilkins, Haskins, Cato, Easterday, Hamilton, Leach, Loftis, McMahand, Rice, F. Smith and Tripp: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE CERTAIN POLLING PLACES, AND DESIGNATE A MAP NUMBER ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. VAUGHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.


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S. 300 (Word version) -- Senator Hutto: A BILL TO REPEAL SECTION 23-7-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY OF OTHERS FOR ACTS OF SPECIAL STATE CONSTABLES APPOINTED UPON RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION.
Referred to Committee on Judiciary

S. 1047 (Word version) -- Senators Holland, Moore, Rankin, Ryberg and Hutto: A BILL TO AMEND SECTION 20-7-5915, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION'S DEPARTMENT OF CHILD FATALITIES, SO AS TO GIVE THE DEPARTMENT THE AUTHORITY TO CLOSE A CHILD-FATALITY CASE IF A LAW ENFORCEMENT AGENCY AND CORONER DETERMINE AFTER AN INVESTIGATION THAT THE CAUSE OF DEATH IS FROM NATURAL CAUSES, AND TO MAKE OTHER REVISIONS TO THE SECTION; TO AMEND SECTION 20-7-5920, RELATING TO THE PURPOSES AND DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO GIVE THE COMMITTEE THE DUTY TO PROMOTE AND ENCOURAGE THE DEVELOPMENT OF LOCAL CHILDREN'S HEALTH AND SAFETY COUNCILS; TO AMEND SECTION 20-7-5950, RELATING TO THE CONFIDENTIALITY OF MEETINGS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF MEETINGS OF THE LOCAL COUNCILS; AND TO AMEND SECTION 20-7-5960, RELATING TO THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE LOCAL COUNCILS.
Referred to Committee on Judiciary

S. 1113 (Word version) -- Senators Setzler, Land, Passailaigue, Rankin, Reese, Moore, Short, O'Dell, McGill, Saleeby, Peeler, Giese, Courson and Martin: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 20 TO ENACT THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS


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AND SCHOOL ADMINISTRATORS AND PROVIDE FOR ITS OPERATION.
Referred to Committee on Ways and Means

S. 1184 (Word version) -- Senator Holland: 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 COUNTY GOVERNING BODY.
Referred to Committee on Judiciary

S. 1195 (Word version) -- Senators Land and Hayes: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO REMOVE THE PROHIBITION AGAINST THE USE OF STATE FUNDS FOR EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.
Referred to Committee on Ways and Means

S. 1204 (Word version) -- Senators Drummond, Leventis and Hayes: A BILL TO AMEND SECTIONS 9-1-10, AS AMENDED, 9-1-470, AS AMENDED, 9-1-1140, AS AMENDED, 9-1-1510, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1540, 9-1-1550, AS AMENDED, 9-1-1650, AS AMENDED, 9-1-1660, AND 9-1-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO


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REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT AND TO AMEND SECTIONS 9-11-10, AS AMENDED, 9-11-40, AS AMENDED, 9-11-50, AS AMENDED, 9-11-60, AS AMENDED, 9-11-70, AS AMENDED, 9-11-80, AS AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1850, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330 ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means

CONCURRENT RESOLUTION

The following was introduced:

H. 4840 (Word version) -- Reps. Sharpe, Clyburn, Perry and R. Smith: A CONCURRENT RESOLUTION SALUTING AND THANKING DR. ROBERT E. ALEXANDER FOR HIS OUTSTANDING AND


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DEDICATED SERVICE AS CHANCELLOR OF THE UNIVERSITY OF SOUTH CAROLINA AIKEN, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

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

HOUSE RESOLUTION

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

H. 4841 (Word version) -- Rep. Ott: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CALHOUN COUNTY HIGH SCHOOL "SAINTS" BASKETBALL TEAM, COACHES, STAFF, AND SCHOOL OFFICIALS, ON THURSDAY, MARCH 30, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2000 CLASS AA STATE CHAMPIONSHIP IN BASKETBALL.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Calhoun County High School "Saints" basketball team, coaches, staff, and school officials, on Thursday, March 30, 2000, at a time to be determined by the Speaker, for the purpose of being recognized for winning the 2000 Class AA state championship in basketball.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1294 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION CONGRATULATING CALHOUN COUNTY HIGH SCHOOL SAINTS ON WINNING THE 2000 CLASS AA STATE CHAMPIONSHIP IN BASKETBALL.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


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ROLL CALL

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

Allison                Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Canty                  Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   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                 Law
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McGee
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, D.              Smith, F.              Smith, J.
Smith, R.              Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell


Printed Page 2665 . . . . . Wednesday, March 29, 2000

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 29.

Chuck Allen                       H.B. "Chip" Limehouse
E.B. "Mac" McLeod                 Richard Quinn
Joseph Neal                       Ralph Davenport
Douglas Jennings                  Steve Lanford
Theodore Brown                    Seth Whipper

Total Present--118

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

SPECIAL PRESENTATION

Rep. R. SMITH and the Aiken Delegation presented to the House the Aiken Technical College Knights Basketball Team, National Junior College Athletic Association Division II, Region 10 and District 7 Champions, their coaches and other college officials.

DOCTOR OF THE DAY

Announcement was made that Dr. Louis Costa of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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


Printed Page 2666 . . . . . Wednesday, March 29, 2000

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. 4797 (Word version)
Date:   ADD:
03/29/00   ROBINSON

CO-SPONSOR REMOVED

Bill Number:   H. 4769 (Word version)
Date:   REMOVE:
03/29/00   RUTHERFORD

SENT TO THE SENATE

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

H. 4816 (Word version) -- Reps. Meacham-Richardson, Delleney, McCraw and Simrill: A BILL TO ESTABLISH ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3 OF YORK COUNTY MUST RESIDE, PROVIDE THAT ALL SEVEN MEMBERS OF THE BOARD MUST BE ELECTED AT LARGE FROM THE DISTRICT, PROVIDE A SCHEDULE FOR ELECTION OF TRUSTEES, THE METHOD OF DETERMINING CANDIDATES ELECTED, AND PROVIDE FOR FILING VACANCIES.

H. 4817 (Word version) -- Reps. Meacham-Richardson, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: A BILL TO ESTABLISH FIVE SINGLE MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF YORK SCHOOL DISTRICT NO. 1 OF YORK COUNTY MUST RESIDE AND BE ELECTED BY THE QUALIFIED ELECTORS OF EACH DISTRICT, PROVIDE THAT TWO MEMBERS MUST BE ELECTED AT-LARGE FROM THE SCHOOL DISTRICT, PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES, THE METHOD OF DETERMINING
CANDIDATES, AND A PROCEDURE FOR FILLING VACANCIES.


Printed Page 2667 . . . . . Wednesday, March 29, 2000

H. 4751 (Word version) -- Reps. Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL ACTIVITY OF MEMBERS OF LOCAL ELECTION COMMISSIONS, SO AS TO CLARIFY THAT A PERSON MAY PARTICIPATE ONLY IN THE POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN OVER WHICH THE PERSON HAS NO JURISDICTION.

H. 4766 (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 CHIROPRACTIC EXAMINERS, RELATING TO ADOPTION OF PART IV OF THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS PRACTICAL EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2463, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4650 (Word version) -- Reps. Hamilton, W. McLeod, Easterday, Leach and F. Smith: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA; AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM.

H. 3993 (Word version) -- Reps. Rodgers, Clyburn, Gilham, Gourdine, Hinson, Kelley, Lloyd and Kennedy: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DEFINE THE NEW SOURCES OF REVENUE THAT REQUIRE THE ACTIVATION OF AN AUTHORITY TO BE APPROVED BY THE QUALIFIED ELECTORS WITHIN A PROPOSED SERVICE


Printed Page 2668 . . . . . Wednesday, March 29, 2000

AREA; TO AMEND SECTION 58-25-35, AS AMENDED, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO A REGIONAL TRANSPORTATION AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF SO AS TO DELETE A REFERENCE TO THE TERM "RESIDENT SENATOR", AND TO PROVIDE THAT IF A REGIONAL TRANSPORTATION AUTHORITY EXPANDS INTO A CONTIGUOUS COUNTY, OR MUNICIPALITY, THE EXPANSION MUST BE APPROVED BY THE QUALIFIED ELECTORS IN THOSE COUNTIES AND MUNICIPALITIES ONLY; TO AMEND SECTION 58-25-50 AS AMENDED, RELATING TO THE POWERS AND DUTIES OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DELETE THE PROVISION RELATING TO THE AUTHORITY'S PREPARATION OF A PLAN TO COORDINATE PUBLIC TRANSPORTATION SERVICES PROVIDED BY EACH ENTITY IN THE AUTHORITY'S SERVICE AREA; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCES OF FUNDS TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE ADDITIONAL SOURCES OF FUNDS THAT MAY BE USED TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY WHICH INCLUDE A SALES TAX ON GASOLINE, A TAX PER GALLON OF GASOLINE SOLD, AND A GENERAL SALES TAX, AND TO DELETE THE REQUIREMENT THAT A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING A REGIONAL TRANSPORTATION AUTHORITY'S SERVICE AREA MUST APPROVE AN INCREASE IN THE MOTOR VEHICLE REGISTRATION FEE.

H. 4453 (Word version) -- Reps. McGee and McKay: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.

H. 4770 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER PROGRAMS,


Printed Page 2669 . . . . . Wednesday, March 29, 2000

DESIGNATED AS REGULATION DOCUMENT NUMBER 2424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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. 1226 (Word version) -- Senators Patterson, Giese, Jackson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 20, 2000, MISSED BY THE STUDENTS OF A. C. FLORA HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A MALFUNCTION IN THE HEATING SYSTEM, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4771--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 4771 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2459, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MARTIN explained the Joint Resolution.

Rep. MARTIN moved to adjourn debate on the Joint Resolution until Thursday, March 30, which was agreed to.


Printed Page 2670 . . . . . Wednesday, March 29, 2000

ORDERED TO THIRD READING

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

H. 4772 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO RELOCATION OF DISPLACED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2472, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STUART explained the Joint Resolution.

S. 1249 (Word version) -- Senators J. V. Smith and Russell: A BILL TO AMEND SECTION 4-23-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD OF FIRE CONTROL OF THE PELHAM-BATESVILLE FIRE DISTRICT IN GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO ADD ADDITIONAL POWERS TO THE BOARD.

S. 1053 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO REQUIRE THE LOCAL GOVERNMENT FUNDING SYSTEM STEERING COMMITTEE TO COMPLETE ITS FINAL REPORT BY DECEMBER 31, 2000, RATHER THAN BY APRIL 1, 2000, TO PROVIDE FOR AN INTERIM REPORT AT THE TIME OF THE ORIGINAL DUE DATE, AND TO ALLOW THE FUNDS APPROPRIATED FOR THE COMMITTEE TO CARRY FORWARD INTO THE NEXT FISCAL YEAR.

Rep. ROBINSON explained the Joint Resolution.

S. 1055 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-25 SO AS TO ESTABLISH LAWFUL CATCH LIMITS FOR BASS AND OTHER FISH, TO ESTABLISH A MINIMUM SIZE LIMIT FOR BASS, AND TO RESTRICT THE


Printed Page 2671 . . . . . Wednesday, March 29, 2000

USE OF FISHING DEVICES FOR SLADE'S LAKE IN EDGEFIELD COUNTY.

Rep. SHARPE explained the Bill.

H. 4513--RECOMMITTED

The following Bill was taken up:

H. 4513 (Word version) -- Rep. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-80 SO AS TO PROHIBIT, UNDER CERTAIN CONDITIONS, A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A NONJUDICIAL OFFICE WHICH IS FILLED BY ELECTION BY THE GENERAL ASSEMBLY.

Rep. HARRISON moved to recommit the Bill, which was agreed to.

H. 3056--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration:

H. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.

Rep. COTTY moved to adjourn debate upon the Senate Amendments until Thursday, March 30, which was agreed to.

H. 4716--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration:

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


Printed Page 2672 . . . . . Wednesday, March 29, 2000

NO CHARGE, WHEN REQUESTED BY THE COUNTY OR STATE CHAIRMAN OF A CERTIFIED POLITICAL PARTY.

Rep. HARRELL moved to adjourn debate upon the Senate Amendments until Tuesday, April 4, which was agreed to.

H. 4340--NON-CONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration:

H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.

Rep. TOWNSEND explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

H. 3699--DEBATE ADJOURNED

The Senate amendments to the following Joint Resolution was taken up for consideration:

H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.

Rep. HARRELL moved to adjourn debate upon the Senate Amendments until Wednesday, April 5, which was agreed to.

MOTION PERIOD

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


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S. 139--DEBATE ADJOURNED

The following Bill was taken up:

S. 139 (Word version) -- Senators Peeler, Giese, Leventis, Russell and Reese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE, INCLUDING PROVISIONS FOR REGISTRATION, PAYMENT OF FEES, INSPECTIONS, CIVIL PENALTIES, AND CRIMINAL OFFENSES AND PENALTIES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11769AC00):
Amend the bill, as and if amended, page 6 by deleting lines 13 through 21 and inserting:
/   Section 44-32-90.   A person who fails to register as provided by Section 44-32-40 or violates the sterilization, sanitation, and safety standards on or after July 1, 2000, is subject to a civil penalty of five hundred dollars for each violation. This penalty may be collected in an action brought by the city attorney or the solicitor of the judicial circuit in which the violation occurred. All penalties collected must be remitted to the general fund of the State and there credited to the Department of Health and Environmental Control./
Amend the bill further, Section 44-32-120 page 7 immediately after line 7 by inserting /(G)   All fines collected must be remitted to the State Treasurer to be credited to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter./
Renumber sections to conform.
Amend totals and title to conform.

Rep. WILDER explained the amendment.
Rep. MACK spoke in favor of the amendment.

Rep. MACK moved to adjourn debate on the Bill until Thursday, March 30, which was agreed to.


Printed Page 2674 . . . . . Wednesday, March 29, 2000

H. 4541--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4541 (Word version) -- Reps. Wilkins, Cato, Harrison, Simrill, Haskins, Edge, Quinn, Altman, Knotts, Fleming, Barrett, Gamble, Law, Townsend, Taylor, McGee, Koon, Allison, Barfield, Chellis, Davenport, Easterday, Frye, Harrell, Klauber, Leach, Littlejohn, McKay, Meacham-Richardson, Rice, Riser, Rodgers, Sandifer, Tripp, Trotter, Walker, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION OR SIMILAR ORGANIZATION IF THE PRINCIPAL ACTIVITIES OF THE UNION OR ORGANIZATION ARE PORTS RELATED.

Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9289HTC00), which was adopted:
Amend the bill, as and if amended, in Section 54-3-20, as contained in SECTION 1, page 1, line 36, by deleting /or similar organization/ and line 37, by deleting /or organization/.
Amend title to conform.

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

Rep. W. MCLEOD proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\AMEND\1924DW00), which was tabled:
Amend the bill, as and if amended, page 1, beginning on line 34 after /term./ and ending on line 37 by deleting:
/ A person may not be appointed or continue to serve who is or becomes a member, associate, representative, or employee of a labor


Printed Page 2675 . . . . . Wednesday, March 29, 2000

union or similar organization if the principal activities of the union or organization are ports related. /
Amend title to conform.

Rep. W. MCLEOD explained the amendment.
Rep. LAW spoke against the amendment.

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

Rep. COBB-HUNTER spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. COBB-HUNTER continued speaking.

Rep. COBB-HUNTER proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\AMEND\21191SD00), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION _____.   Notwithstanding any other provision of law, a person may not be appointed or continue to serve on the Board of Accountancy who is or becomes a member, associate, representative, or employee of an association or organization if the principal activities of the association or organization are in the profession of accountancy./
Renumber sections to conform.
Amend totals and title to conform.

POINT OF ORDER

Rep. CATO raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
Rep. COBB-HUNTER argued contra.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.

Rep. COBB-HUNTER proposed the following Amendment No. 6 (Doc Name COUNCIL\PSD\AMEND\7161DJC00), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:


Printed Page 2676 . . . . . Wednesday, March 29, 2000

/ SECTION _____.   Notwithstanding any other provision of law, no person may be appointed to the governing board of the Commission for the Blind who does not have 20/20 vision. /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

POINT OF ORDER

Rep. CATO raised the Point of Order that Amendment No. 6 was out of order in that it was not germane to the Bill.
Rep. COBB-HUNTER argued contra.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.

Rep. COBB-HUNTER spoke against the Bill.

SPEAKER IN CHAIR

Rep. COBB-HUNTER continued speaking.
Rep. J. H. NEAL spoke against the Bill.
Rep. PINCKNEY spoke against the Bill.
Rep. MACK spoke against the Bill.
Rep. J. SMITH spoke against the Bill.
Rep. INABINETT spoke against the Bill.

The question then recurred to the passsage of the Bill, as amended, on second reading.

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

Yeas 71; Nays 36

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Carnell
Cato                   Chellis                Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harris

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Harrison               Haskins                Hawkins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Neilson
Perry                  Phillips               Quinn
Rice                   Robinson               Rodgers
Sandifer               Seithel                Simrill
Smith, D.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--71

Those who voted in the negative are:

Askins                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Emory                  Gourdine               Govan
Harvin                 Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Lloyd
Mack                   McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Pinckney               Rutherford
Scott                  Sheheen                Smith, J.

Total--36

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

POINT OF PERSONAL PRIVILEGE

Rep. T. BROWN arose to a Point of Personal Privilege.


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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4795 (Word version) -- Reps. Kelley and Keegan: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS CAMPING AND CAMPING ACTIVITIES MAKE TO THE QUALITY OF LIFE IN OUR STATE AND TO DECLARE THE WEEK OF MARCH 20 - 26, 2000, AS CAMPING WEEK IN SOUTH CAROLINA.

H. 4829 (Word version) -- Reps. Fleming, Hayes and Wilder: A CONCURRENT RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON WINNING THE 1999 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.

H. 4832 (Word version) -- Reps. Knotts, Koon, Frye, Huggins, Gamble, Stuart and Riser: A CONCURRENT RESOLUTION RECOGNIZING THE LIFE AND DEATH OF JOSEPH DREW SMITH, AND HIS LASTING CONTRIBUTION TO BOATING SAFETY IN THE STATE OF SOUTH CAROLINA, BY NAMING THE NEW LAKE MURRAY MARINE PATROL STATION ON BUNDRICK ISLAND IN LEXINGTON COUNTY IN HIS HONOR.

ADJOURNMENT

At 12:40 p.m. the House, in accordance with the motion of Rep. SEITHEL, adjourned in memory of Mark Elliott Motley of Charleston, to meet at 10:00 a.m. tomorrow.

***

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