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


Printed Page 1107 . . . . . Thursday, March 11, 1999

Thursday, March 11, 1999
(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:

Our Father God, always ready to undergird our weakness with Your strength, cause us to lean heavily upon Your strong right arm. In our human limitations, we are beset by many and varied problems. We turn, then, to You, Lord, Whose mercy is like the wideness of the sea and blessings are as numerous as the stars in the sky. Fill us with Your wisdom; then send us forth as heralds bearing the bread of human kindness and the red wine of helpful service. We lift up our offering of humble and grateful hearts. Favor us with Your divine presence now and always. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. LOURIE moved that when the House adjourns, it adjourn in memory of Thomas Roy Berry, father of Ann Martin, which was agreed to.

MOTION ADOPTED

Rep. KOON moved that when the House adjourns today that it adjourn to meet in local session on Friday, March 12, 1999, and to convene at 11:00 a.m., Monday, March 15, 1999, in statewide session, which was agreed to.


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REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 2421
Agency: Department of Labor, Licensing and Regulation - State Board of Nursing
Statutory Authority: 1976 Code Sections 40-1-70 and 40-33-220
Definition of Orientation
Received by Speaker of the House of Representatives March 11, 1999
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Legislative Review Expiration July 9, 1999 (Subject to Sine Die Revision)

REPORT OF STANDING COMMITTEE

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

H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips and Lee: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND


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TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3721 (Word version) -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A CONCURRENT RESOLUTION TO COMMEND AND HEARTILY CONGRATULATE THE WINTHROP UNIVERSITY EAGLES BASKETBALL TEAM ON ITS OUTSTANDING SEASON, ITS BIG SOUTH CONFERENCE CHAMPIONSHIP, AND ITS INVITATION TO THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION TOURNAMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

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

H. 3722 (Word version) -- Reps. Lucas, J. Hines and Neilson: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 29 - APRIL 3, 1999, AS "SOUTHEASTERN BASEBALL CLASSIC WEEK".

Whereas, Hartsville High School Coach Jimmy White, who is entering his twenty-third year at the helm of the Red Foxes Baseball Squad, realized a number of years ago that area athletes were not getting the media exposure they deserved given the effort, commitment, and records of success they had achieved; and

Whereas, his concern about the number of students unable to participate in sports due to academic failure led him to focus on working with these students to conquer the challenge of connecting the virtues of character and work ethic in order to enrich their lives; and

Whereas, while he and his team participated in the International Paper Classic in Georgetown, South Carolina, Coach White conceived the idea of hosting a spring baseball tournament in Hartsville, South


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Carolina, that similarly would attract top-ranked teams with superior athletes from throughout the southeastern United States; and

Whereas, with a tremendous commitment of effort and resources from the citizens and business community of Hartsville, the Southeastern Baseball Classic has been established to fulfill Coach White's vision of hosting a baseball tournament that draws both regional and national attention to the Hartsville community and to the State of South Carolina; and

Whereas, the Southeastern Baseball Classic has now developed into one of the premiere baseball tournaments in America today due to the efforts of its Board of Directors and the many individuals who voluntarily give of their time each year in support of this event; and

Whereas, the Board of Directors of the Southeastern Baseball Classic has set aside the week of March 29-April 3, 1999, to host this annual baseball tournament. Now, therefore,

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

That the members of the General Assembly of South Carolina, by this resolution, hereby proclaim the week of March 29-April 3, 1999, as "Southeastern Baseball Classic Week" to recognize Coach Jimmy White's dream of establishing and the Hartsville community's commitment to hosting a baseball tournament that promotes character, values, discipline, and community involvement of student athletes.

Be it further resolved that a copy of this resolution be presented to the Board of Directors of the Southeastern Baseball Classic.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3723 (Word version) -- Reps. Lourie, Sheheen, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday,


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Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF THOMAS ROY BERRY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3724 (Word version) -- Reps. Inabinett, Allen, Bailey, Breeland, J. Brown, T. Brown, Canty, Clyburn, Govan, Hayes, J. Hines, Jennings, Lloyd, Maddox, Moody-Lawrence, Pinckney, Rodgers and Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR MEDICARE, WHICH IS OUR NATION'S MOST SUCCESSFUL HEALTH INSURANCE PROGRAM, AND TO URGE THE UNITED STATES CONGRESS TO SUPPORT A PROPOSAL TO DESIGNATE A PERCENTAGE OF THE FEDERAL BUDGET SURPLUS TO MEDICARE IN ORDER TO ASSURE ITS SOLVENCY AND TO TAKE OTHER ACTIONS WHICH WILL PROVIDE ADEQUATE HEALTH CARE AND PHARMACEUTICAL AND LONG-TERM CARE BENEFITS TO OUR NATION'S SENIOR CITIZENS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 587 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION TO COMMEND AND HEARTILY CONGRATULATE THE WINTHROP UNIVERSITY EAGLES BASKETBALL TEAM ON ITS OUTSTANDING SEASON, ITS BIG SOUTH CONFERENCE CHAMPIONSHIP, AND ITS INVITATION TO THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION TOURNAMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
Without Reference

H. 3698 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATIONS OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES.
Without Reference

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.
Without Reference

H. 3725 (Word version) -- Reps. Breeland, Altman, Bailey, Campsen, Chellis, Dantzler, Gourdine, Harrell, Hinson, Inabinett, Limehouse, Mack, Whatley, Whipper and Young-Brickell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO EXTEND THE DOWNSTREAM


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ASHLEY RIVER SCENIC RIVER DESIGNATION TO THE HIGHWAY 526 BRIDGE.
On motion of Rep. BREELAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3726 (Word version) -- Reps. Jennings, Knotts, Scott, M. McLeod, Bailey, Battle, Bowers, G. Brown, Cotty, Harvin, Law, Maddox and Young-Brickell: A BILL TO AMEND SECTION 12-21-4200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF BINGO TAX REVENUES, SO AS TO REVISE THE DISTRIBUTION PERCENTAGES OF BINGO TAX REVENUES AND TO PROVIDE A MINIMUM ANNUAL DISTRIBUTION OF THESE REVENUES OF ONE MILLION DOLLARS TO THE OFFICE ON AGING OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THREE AND ONE-HALF MILLION DOLLARS TO THE PARKS AND RECREATION DEVELOPMENT FUND OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, WITH THE BALANCE OF THE REVENUES CREDITED TO THE GENERAL FUND OF THE STATE, AND TO CORRECT REFERENCES.
Referred to Committee on Ways and Means

H. 3727 (Word version) -- Reps. T. Brown, Askins, Barfield, Battle, Emory, Govan, Jennings, Kennedy, Lourie, W. McLeod, Miller, Neal, Ott, Pinckney, J. Smith and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-456 SO AS TO PROVIDE THAT AN EMPLOYEE MAY BE GRANTED BY HIS EMPLOYER A SPECIFIED AMOUNT OF ADDITIONAL PAID LEAVE EACH YEAR FOR THE PURPOSE OF ATTENDING CERTAIN ELEMENTARY AND SECONDARY SCHOOL CONFERENCES OR ACTIVITIES DURING THE EMPLOYEE'S WORK HOURS, OR TO ENGAGE IN CERTAIN VOLUNTEER TEACHING ACTIVITIES IN SUCH SCHOOLS, TO PROVIDE THAT THE EMPLOYERS OF THESE EMPLOYEES ARE ENTITLED TO A SPECIFIED STATE INCOME TAX DEDUCTION FOR THESE ACTIVITIES, AND TO PROVIDE THE PROCEDURES NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
Referred to Committee on Ways and Means


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H. 3728 (Word version) -- Reps. Mack, Breeland, J. Brown, T. Brown, Dantzler, Emory, Harrell, Howard, Inabinett, Lloyd, Moody-Lawrence, Neal, Pinckney and Whipper: A BILL TO AMEND SECTION 23-43-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT MODULAR BUILDING UNITS MUST BE ACCEPTABLE IN ALL LOCALITIES AS MEETING THE REQUIREMENTS OF CHAPTER 43, TITLE 23 AND MUST BE CONSIDERED EQUIVALENT TO A SITE-BUILT STRUCTURE FOR CERTAIN LOCAL PURPOSES, SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO DETERMINE THE LOCATION OF MODULAR BUILDING UNITS AND TO DEFINE MODULAR BUILDING UNITS FOR PURPOSES OF THIS SECTION.
Referred to Committee on Labor, Commerce and Industry

H. 3729 (Word version) -- Rep. Jennings: A BILL TO AMEND SECTION 39-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS IN THE UNFAIR TRADE PRACTICES ACT, SO AS TO ADD A DEFINITION FOR RELATOR; TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO MAKE THE ARTICLE APPLY TO TRADE PRACTICES IN THE BUSINESS OF INSURANCE; AND TO AMEND SECTION 39-5-50, RELATING TO THE RIGHT OF THE ATTORNEY GENERAL TO BRING ACTIONS FOR INJUNCTIONS AND ACTIONS TO RECOVER ASCERTAINABLE LOSSES FOR VIOLATIONS OF THIS ARTICLE, SO AS TO PROVIDE THAT ASCERTAINABLE LOSS INCLUDES DAMAGES SHOWN IN THE AGGREGATE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THE COURT MAY MAKE ADDITIONAL ORDERS TO RESTORE A PERSON WHO HAS SUFFERED AN ASCERTAINABLE LOSS BEFORE THE ORDER DECLARING THE PRACTICE UNLAWFUL BECOMES FINAL, AND TO PROVIDE THE PROCEDURES FOR A RELATOR TO NOTIFY THE ATTORNEY GENERAL THAT PERSONS HAVE SUFFERED ASCERTAINABLE LOSS BECAUSE OF UNFAIR TRADE PRACTICES AND, IF THE ATTORNEY GENERAL DECLINES TO ACT OR FAILS TO BRING AN ACTION, THAT THE RELATOR MAY BRING AN ACTION, AND IF THE ATTORNEY GENERAL CERTIFIES THE RELATOR'S ATTORNEY'S EXPERIENCE, THE RELATOR MAY BRING AN ACTION IN THE NAME OF THE


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STATE AND OTHERS SIMILARLY SITUATED AS THE RELATOR TO RECOVER THE ASCERTAINABLE LOSSES.
Referred to Committee on Judiciary

H. 3730 (Word version) -- Reps. Rutherford, Knotts, Barfield, Harvin, Lee, J. Hines, Rhoad, Davenport, Clyburn, Gourdine, Govan, Lloyd, Pinckney and Whipper: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE AMOUNT OF THE TAX SALE BID ACCRUES AT THE RATE OF ONE PERCENT OR TWO-THIRDS OF ONE PERCENT A MONTH OR PORTION OF A MONTH DEPENDING ON THE CLASSIFICATION OF THE PROPERTY RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED.
Referred to Committee on Ways and Means

H. 3731 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO


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THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS STATE; AND TO AMEND SECTION 56-1-3370, AS AMENDED, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.
Referred to Committee on Judiciary

H. 3732 (Word version) -- Reps. Witherspoon, Sharpe and Riser: A BILL TO AMEND SECTION 50-17-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING AND CATCHING OF SHRIMP, SO AS TO PROVIDE THAT PERSONS WHO HOLD A "LAND AND SELL" LICENSE AND A "PRIMARY WHOLESALE DEALER" LICENSE UNDER SECTION 50-17-180 MAY NOT BE ISSUED A SHRIMP BAITING PERMIT UNDER THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3733 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO REQUIRE REPORTING OF CONVICTIONS OF VIOLATIONS OCCURRING WHILE OPERATING A MOTOR VEHICLE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPORTING VIOLATIONS WHILE HUNTING OR FISHING TO THE DEPARTMENT OF NATURAL RESOURCES; AND TO AMEND SECTIONS 50-9-1120 AND 56-1-720, RELATING RESPECTIVELY TO THE POINT SYSTEM FOR DRIVER LICENSES AND HUNTING AND FISHING LICENSES, SO AS TO ASSIGN POINTS UNDER THESE POINT SYSTEMS FOR LITTERING VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


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S. 277 (Word version) -- Senators Thomas, Giese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT SELLING URINE WITH THE INTENT TO DEFRAUD A DRUG SCREENING TEST IS A FELONY, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary

S. 388 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.
Referred to Committee on Judiciary

ROLL CALL

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

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown J.               Brown T.
Campsen                Canty                  Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins

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Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 Mason
McCraw                 McGee                  McKay
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Sharpe                 Sheheen
Simrill                Smith D.               Smith F.
Smith J.               Smith R.               Stille
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 11.

John Scott                        Jackson Whipper

Total Present--115

LEAVE OF ABSENCE

The SPEAKER granted Rep. MADDOX a leave of absence for the day due to a family funeral.

LEAVE OF ABSENCE

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


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LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. SEITHEL a leave of absence for the day due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Ira Horton 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 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. 3663 (Word version)
Date:     ADD:
03/11/99   RUTHERFORD

CO-SPONSOR ADDED

Bill Number:   H. 3663 (Word version)
Date:     ADD:
03/11/99   PARKS


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CO-SPONSOR ADDED

Bill Number:   H. 3663 (Word version)
Date:     ADD:
03/11/99   LLOYD

CO-SPONSOR ADDED

Bill Number:   H. 3232 (Word version)
Date:     ADD:
03/11/99   D. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3385 (Word version)
Date:     ADD:
03/11/99   D. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3153 (Word version)
Date:     ADD:
03/11/99   RISER

SPECIAL PRESENTATION

Rep. PARKS presented to the House former Representative Jennings McAbee for his service in the House.

S. 487 -- RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up:

S. 487 (Word version) -- Senators Matthews and Hutto: A BILL TO REVISE THE ELECTION DISTRICTS AND METHOD OF ELECTING THE MEMBERS OF THE BOARD OF TRUSTEES OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE AND TO CHANGE THE MANNER FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS AND THE ORANGEBURG COUNTY BOARD OF TRUSTEES.

Rep. COBB-HUNTER, with unanimous consent, proposed the following Amendment No. 1 (Doc Name \PT\AMEND\1334DW99), which was adopted.


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Amend the bill, as and if amended, page 1, Section 1, beginning on line 23, by striking /(1) / and inserting / (A) /
Amend the bill further, page 10, beginning on line 32, by striking subsections (2), (3), and (4) and inserting:

/ (B)(1)   Notwithstanding the provisions of Act 526 of 1996, Orangeburg County Consolidated School District Five must be governed by a board of trustees of seven members who must be elected in nonpartisan elections to be held in the manner hereinafter provided. Each member of the board must be a resident of and elected from election districts provided in this subsection.

(2)   The trustee representing election district 5-1 as delineated in subsection (A) of this section must reside in election district 5-1 and the trustee representing election district 5-2 as delineated in subsection (A) of this section must reside in district 5-2, with both trustees elected at-large from the combined area of the two districts.

(3)   Three trustees, who must reside within the boundaries of district 5-3 as delineated in subsection (A) of this section must be elected at large from election district 5-3.

(4)   The trustee representing election district 5-4 as delineated in subsection (A) of this section must reside in election district 5-4 and the trustee representing election district 5-5 as delineated in subsection (A) of this section must reside in district 5-5, with both trustees elected at-large from the combined area of the two districts.

(5)   The members of the board shall elect a chairman and such other officers as they deem necessary to serve for terms of one year in these capacities. Beginning with a 1999 election, members of the board must be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday of November every second year for four-year terms and until their successors are elected and qualify. At the 1999 election, the successors to members elected pursuant to Section 2(A) of Act 526 of 1996 whose terms expire in 1999 must be elected from election districts two, three, and four and shall serve for terms to expire in November, 2003, when their successors elected at the 2003 election qualify and take office. At the 2001 election, the successors to members elected pursuant to Section 2(A) of Act 526 of 1996 whose terms expire in 2001 must be elected from election districts one, three, and five and shall serve for terms to expire in November, 2005, when their successors elected at the 2005 election qualify and take office. All members of each board shall serve until their successors are elected and qualify.


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(6)   All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period is as provided in Section 7-13-352 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

(7)   The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

(8)   The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. /
Amend the bill further, page 11, by striking SECTION 3 and inserting:
/ SECTION   3.   The first paragraph of Section 2(A) of Act 526 of 1996 is amended to read:

"(A)   Except for Consolidated School District Five, each consolidated school district shall be governed by a board of trustees of seven members who must be elected in nonpartisan elections to be held beginning in 1997 in the manner hereinafter provided. Each member of the board must be a resident of and elected from single-member election districts provided in this act. The members of each board shall elect a chairman and such other officers as they deem necessary to serve for terms of one year in these capacities. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of each board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday of November every two or four years thereafter as applicable beginning in 1999. Members of each board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members of each board elected in 1997, the


Printed Page 1123 . . . . . Thursday, March 11, 1999

members elected from election districts one, three, five, and seven shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the members elected from election districts two, four, and six shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of each board shall serve until their successors are elected and qualify."
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

Rep. GOVAN spoke against the Bill.

The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.

RECORD FOR VOTING

I will not vote on this matter, as it would constitute a conflict of interest since I am an employee of the School District that is the subject of the legislation up for consideration. However, I would be remiss if I did not voice my concerns and speak out for the residents of House District 95 who constitute the largest body of voters that would be affected by the proposed changes.

When we as a delegation passed consolidation reducing the number of school districts from eight to three some two years ago, we did so in an effort to improve the quality of education for all the children of Orangeburg County and to this end I believe we are beginning to see some positive results. That is why I rise to voice my concern over this bill that in essence, imposes a legislative remedy from one elected body upon another by singling out one of three school districts for changes in its election format. As such, I believe the effect of this legislation infringes upon and violates the basic premise of our equal protection laws and the basic principles of one man, one vote which we ourselves


Printed Page 1124 . . . . . Thursday, March 11, 1999

abide by as members of this body representing one-hundred twenty-four districts of roughly 28,000 residents each.

I too, support the concept of community schools and agree that a greater sensitivity between citizens and their elected representation is important, however, sensitivity is fostered through communication and dialogue. As such, it is my humble opinion that this legislation, despite its stated intentions, potentially will have a negative impact on the citizens that I represent who, since we did not have public hearings on these changes, did not have the opportunity to be heard.
Rep. JERRY GOVAN

H. 3153 -- DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, March 23, which was adopted:

H. 3153 (Word version) -- Reps. Wilkins, Jennings, Rodgers, Harrison, Cotty, Wilder, Law, Harris, Chellis, Fleming, D. Smith, Simrill, J. Brown, Cato, R. Smith, Woodrum, Allison, Littlejohn, Sandifer, Lee, Keegan, Barrett, Harvin, Lucas, Young-Brickell, Emory, Rhoad, Harrell, Meacham, Edge, Haskins, Campsen, Maddox, Hinson, Govan, F. Smith, J. Smith, Lourie, Rutherford, Allen, Ott, Kennedy, Bales, Knotts, Rice and Riser: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 26 SO AS TO ENACT THE "DRUG TREATMENT COURT ACT" INCLUDING PROVISIONS TO ESTABLISH THE OFFICE OF A STATE DRUG TREATMENT COURT DIRECTOR AND ADVISORY COMMITTEE, TO PROVIDE THAT THE DIRECTOR OF THE SENTENCING GUIDELINES COMMISSION IS THE DIRECTOR OF THIS OFFICE, TO PROVIDE FOR THE ESTABLISHMENT OF A DRUG TREATMENT COURT PROGRAM FUND, AND TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL DRUG TREATMENT COURT MANAGEMENT COMMITTEES.

ORDERED TO THIRD READING

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

S. 357 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT


Printed Page 1125 . . . . . Thursday, March 11, 1999

OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
Rep. HARRISON explained the Bill.

H. 3685 (Word version) -- Reps. Harvin, Barfield, G. Brown, J. Brown, Canty, Dantzler, Gourdine, J. Hines, Hinson, Law, M. McLeod, Ott and Woodrum: A BILL TO AMEND SECTION 51-13-230, CODE OF LAWS OF S0UTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SANTEE COOPER COUNTIES PROMOTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO BORROW MONEY.

H. 3535 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING OR APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY; TO AMEND SECTION 27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND, WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR TO BE CONSTRUCTED, IF APPLICABLE, AND THEIR RESPECTIVE AREAS; AND TO AMEND SECTION 27-31-110, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE REQUIREMENT THAT THE PLOT PLAN AND BUILDING PLAN ACCOMPANY THE MASTER DEED OR LEASE, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO PROPOSED OR ANTICIPATED BUILDINGS


Printed Page 1126 . . . . . Thursday, March 11, 1999

OR CONSTRUCTION, AS WELL AS BUILDINGS OR CONSTRUCTION ALREADY EXISTING.
Rep. BAILEY explained the Bill.

H. 3706 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, RELATING TO PORT OF PORT ROYAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2312, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.

H. 3707 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, RELATING TO PORT OF GEORGETOWN, SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2313, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.

H. 3708 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, RELATING TO PORT OF CHARLESTON, SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.

H. 3711 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, REAL ESTATE COMMISSION, RELATING TO VACATION TIME-SHARING, EDUCATIONAL PROVIDERS, AND REAL ESTATE PRACTICES, DESIGNATED AS REGULATION


Printed Page 1127 . . . . . Thursday, March 11, 1999

DOCUMENT NUMBER 2344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAILEY explained the Joint Resolution.

S. 562 (Word version) -- Senators Moore, J. Verne Smith, Bryan, Giese, Thomas, Jackson, Short, Alexander, Rankin, O'Dell and McConnell: A BILL TO AMEND SECTION 44-7-130, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REQUIRE THAT ALL FACILITIES ESTABLISHED TO PROVIDE RADIATION THERAPY ARE SUBJECT TO CERTIFICATE OF NEED REVIEW BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Rep. KELLEY explained the Bill.

S. 357 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KNOTTS with unanimous consent, it was ordered that S. 357 (Word version) be read the third time tomorrow.

H. 3685 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAILEY with unanimous consent, it was ordered that H. 3685 (Word version) be read the third time tomorrow.

OBJECTION TO MOTION

Rep. BAILEY asked unanimous consent that H. 3535 (Word version) be read a third time tomorrow.
Rep. SIMRILL objected.

H. 3706 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LAW with unanimous consent, it was ordered that H. 3706 (Word version) be read the third time tomorrow.

H. 3707 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LAW with unanimous consent, it was ordered that H. 3707 (Word version) be read the third time tomorrow.


Printed Page 1128 . . . . . Thursday, March 11, 1999

H. 3708 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LAW with unanimous consent, it was ordered that H. 3708 (Word version) be read the third time tomorrow.

H. 3711 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAILEY with unanimous consent, it was ordered that H. 3711 (Word version) be read the third time tomorrow.

S. 562 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KELLEY with unanimous consent, it was ordered that S. 562 (Word version) be read the third time tomorrow.

H. 3029 -- POINT OF ORDER

The following Bill was taken up:

H. 3029 (Word version) -- Rep. Mason: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.
Rep. LAW explained the Bill.

POINT OF ORDER

Rep. SIMRILL 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. 3304 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3304 (Word version) -- Rep. Easterday: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE


Printed Page 1129 . . . . . Thursday, March 11, 1999

UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name \NBD\AMEND\11207MM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   The 1976 Code is amended by adding:
"Section 58-3-230.   (A)   An entity may not change or initiate a change in a customer's utility provider, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, without the customer's authorization. Customer authorization must be acquired utilizing marketing or anti-slamming guidelines approved by state and federal agencies.

(B)   An entity which violates subsection (A) is liable to the customer for all charges incurred by the customer, in excess of those normally incurred through his designated provider, during the period of the unauthorized change.

(C)   An entity which wilfully or knowingly changes, without authority, or initiates an unauthorized change of a customer's utility provider is subject to a fine of not less than five hundred dollars and not more than two thousand five hundred dollars for each violation. The fines must remain with the commission."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to conform.

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

Rep. SANDIFER explained the Bill.

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

H. 3304 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SANDIFER with unanimous consent, it was ordered that H. 3304 (Word version) be read the third time tomorrow.


Printed Page 1130 . . . . . Thursday, March 11, 1999

H. 3695 -- POINT OF ORDER

The following Bill was taken up:

H. 3695 (Word version) -- Reps. Kelley, Wilder, Cooper, Keegan and Witherspoon: A BILL TO AMEND SECTION 44-7-130, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REQUIRE THAT ALL FACILITIES ESTABLISHED TO PROVIDE RADIATION THERAPY ARE SUBJECT TO CERTIFICATE OF NEED REVIEW BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

POINT OF ORDER

Rep. HASKINS 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. 3709 -- POINT OF ORDER

The following Joint Resolution was taken up:

H. 3709 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. ROBINSON made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.


Printed Page 1131 . . . . . Thursday, March 11, 1999

H. 3710 -- POINT OF ORDER

The following Joint Resolution was taken up:

H. 3710 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO COMMERCIAL MOBILE RADIO SYSTEM SURCHARGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2376, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. SIMRILL made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3712 -- POINT OF ORDER

The following Joint Resolution was taken up:

H. 3712 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO GOVERNMENT RESTRUCTURING AMENDMENTS AND RECERTIFICATION OF EXISTING BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2384, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAILEY explained the Joint Resolution.

POINT OF ORDER

Rep. HAMILTON made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.


Printed Page 1132 . . . . . Thursday, March 11, 1999

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3005 (Word version) from the Committee on Ways and Means.
Rep. RISER objected.

H. 3429 -- SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3429 (Word version) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 4, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS 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.

Rep. WALKER proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1332DW99), which was adopted.
Amend the joint resolution, as and if amended, page 1, line 30, by striking /day/ and inserting / days / and inserting after /4/ / and March 9 /.
Amend title to conform.

The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Joint Resolution was ordered returned to the Senate.

SENT TO THE SENATE

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

H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED


Printed Page 1133 . . . . . Thursday, March 11, 1999

LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

RECURRENCE TO THE MORNING HOUR

Rep. EDGE moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3734 (Word version) -- Reps. Edge, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Cato, Chellis, D. Smith, Dantzler, Davenport, Emory, Fleming, Gilham, Harrell, Harrison, Haskins, Hawkins, Hinson, Howard, Inabinett, Keegan, Kennedy, Klauber, Knotts, Koon, Leach, Limehouse, Loftis, Lucas, Martin, Mason, McCraw, McGee, Meacham, Neilson, Phillips, Quinn, R. Smith, Rhoad, Riser, Rodgers, Sandifer, Sharpe, Simrill, Taylor, Tripp, Trotter, Webb, Whatley, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM PROPERTY TAX FIFTY PERCENT OF THE FAIR MARKET VALUE OF PRIVATE PASSENGER MOTOR VEHICLES, INCLUDING TRUCKS WITH A GROSS WEIGHT OF NOT MORE THAN EIGHT THOUSAND POUNDS AND AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS, AND MOTORCYCLES; TO PHASE IN THE EXEMPTION OVER FIVE MOTOR VEHICLE TAX YEARS AT THE RATE OF TEN PERCENT A YEAR; TO PROVIDE FOR PROPERTY TAXING ENTITIES TO BE REIMBURSED FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION IN AN AMOUNT COMPUTED AT A STATEWIDE AVERAGE MILLAGE RATE, APPLIED ON A PER REGISTERED VEHICLE BASIS, AND CREDITED TO THE TRUST FUND FOR TAX RELIEF AND TO CAP THIS REIMBURSEMENT AT THE AMOUNT SO REIMBURSED IN FISCAL YEAR 2003-04, AND TO


Printed Page 1134 . . . . . Thursday, March 11, 1999

PROVIDE THAT THIS EXEMPT VALUE IS NEVERTHELESS CONSIDERED TAXABLE FOR PURPOSES OF BONDED INDEBTEDNESS AND CALCULATING THE INDEX OF TAXPAYING ABILITY AT AMOUNTS NOT TO EXCEED ITS VALUE IN PROPERTY TAX YEAR 2003; AND TO AMEND SECTION 11-11-150, RELATING TO ESTIMATED INCOME TAX REVENUES, SO AS TO PROVIDE FOR DEDUCTIONS FROM THE ESTIMATE OF THE REIMBURSEMENT AMOUNT FOR EXEMPTED PERSONAL PROPERTY TAXES.
Referred to Committee on Ways and Means

H. 3735 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 79, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REGULATION OF BURGLAR AND FIRE ALARM SYSTEM BUSINESSES ACT, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE REGULATION OF THE ALARM SYSTEM INDUSTRY.
Referred to Committee on Labor, Commerce and Industry

HOUSE RESOLUTION

The following was introduced:

H. 3736 (Word version) -- Reps. J. Brown, Scott, Allen, Allison, Altman, Askins, Barrett, Battle, Bauer, Beck, Campsen, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, D. Smith, Dantzler, Delleney, Easterday, Edge, F. Smith, Fleming, G. Brown, Gamble, Gilham, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, J. Hines, J. Smith, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Loftis, Lourie, Lucas, M. Hines, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Ott, Parks, Phillips, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sheheen, Simrill, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Wilder, Wilkins, Witherspoon, Woodrum, Young-Brickell, Inabinett, Sharpe, Littlejohn, Bailey, Bales, Barfield, Bowers, Breeland, T. Brown, Canty, Cobb-Hunter, Davenport, Emory, Gourdine, Jennings, Kennedy, Lloyd, Mack, M. McLeod, W. McLeod,


Printed Page 1135 . . . . . Thursday, March 11, 1999

Moody-Lawrence, Neal, Neilson, Pinckney, Rutherford, Whatley, Whipper and Wilkes: A HOUSE RESOLUTION TO CONGRATULATE BETTY J. SMITH, RECEPTIONIST AND SWITCHBOARD OPERATOR FOR THE HOUSE OF REPRESENTATIVES, ON HER NEW POSITION AS ADMINISTRATIVE ASSISTANT TO THE HONORABLE ALISON RENEE LEE OF THE CIRCUIT COURT, AND TO WISH HER THE VERY BEST IN HER NEW ENDEAVORS AND TO TELL HER SHE WILL BE SORELY MISSED BY THE STAFF AND MEMBERS OF THE HOUSE OF REPRESENTATIVES.
The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 590 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO HONOR MRS. ELLA YON STEVENSON OF NORTH, SOUTH CAROLINA, UPON THE OCCASION OF HER ONE-HUNDREDTH BIRTHDAY ON MARCH 17, 1999.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

S. 495 -- ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 495 (Word version) -- Senators Elliott and Rankin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE OVER THE INTRACOASTAL WATERWAY IN THE RESTAURANT ROW AREA OF HORRY COUNTY IN HONOR OF MR. WILLIAM H. ALFORD.
The Concurrent Resolution was adopted and sent to the Senate.

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. 3645 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, MARCH 2, 1999 AS "READ ACROSS


Printed Page 1136 . . . . . Thursday, March 11, 1999

AMERICA DAY" IN SOUTH CAROLINA, URGING EVERY CITIZEN IN THE PALMETTO STATE TO ENSURE THAT EVERY CHILD IS READ-TO BY A CARING ADULT AT LEAST ONCE ON THAT DAY, AND REDEDICATING THIS STATE TO EFFORTS WHICH ENGAGE IN PROGRAMS AND ACTIVITIES TO PLACE SOUTH CAROLINA'S CHILDREN AMONG THE BEST READERS IN THE NATION.

H. 3719 (Word version) -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE GRIDIRON VIKINGS OF EMERALD HIGH SCHOOL OF GREENWOOD COUNTY ON WINNING THE 1998 CLASS AA STATE FOOTBALL CHAMPIONSHIP.

H. 3721 (Word version) -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A CONCURRENT RESOLUTION TO COMMEND AND HEARTILY CONGRATULATE THE WINTHROP UNIVERSITY EAGLES BASKETBALL TEAM ON ITS OUTSTANDING SEASON, ITS BIG SOUTH CONFERENCE CHAMPIONSHIP, AND ITS INVITATION TO THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION TOURNAMENT.

H. 3723 (Word version) -- Reps. Lourie, Sheheen, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE


Printed Page 1137 . . . . . Thursday, March 11, 1999

OF SOUTH CAROLINA UPON THE DEATH OF THOMAS ROY BERRY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

ADJOURNMENT

At 11:10 A.M. the House in accordance with the motion of Rep. LOURIE adjourned in memory of Thomas Roy Berry, father of Ann Martin, to meet at 10:00 A.M. tomorrow.

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