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


Printed Page 546 . . . . . Tuesday, February 2, 1999

Tuesday, February 2, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

O God, by whose goodness we have been brought to this hour, bless the Members of the House of Representatives, its Clerks and Attaches and all others connected with this important work. Give them good health to do their tasks, prudent judgements for the decisions to be made, a clear understanding for the challenges at hand. Keep us always thankful for Your unceasing blessings. Forgive us when we revel in Your blessings, but fail to thank Our God, the Source of these. Thank You, Lord, for this privilege of prayer. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. M. HINES moved that when the House adjourns, it adjourn in memory of Patricia Evans of Florence, which was agreed to.

RESIGNATION

The following was received.

February 2, 1999
The Honorable David H. Wilkins
Speaker, SC House of Representatives
508 Blatt Building
Columbia, SC 29211

Dear Mr. Speaker:

I hereby resign my seat as a member of the House of Representatives, representing House District 39. This resignation is effective February 2, 1999.


Printed Page 547 . . . . . Tuesday, February 2, 1999

Thank you for your support over my years of service.

Sincerely,
Molly M. Spearman

Received as information.

STATEMENT BY REP. SPEARMAN

Rep. SPEARMAN made a statement relative to her service and resignation as a member of the House of Representatives.

INVITATION

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

January 27, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Vocational Association and the South Carolina Vocational Directors Association would like to host a drop-in brunch on the February calendar for Wednesday, February 10, 1999, from 9:00-11:30 A.M. Our brunch will be held in Room 221 of the Blatt Building.

We will have teachers, administrators and others interested in education from throughout our State to be on hand. We want to let all of you know how much we appreciate your efforts in the legislature.

If you have any questions regarding our drop-in, please give me a call at 951-1392.

Sincerely,
Nancy Verburg
Past President
South Carolina Vocational Directors Association


Printed Page 548 . . . . . Tuesday, February 2, 1999

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2353
Agency: Department of Labor, Licensing and Regulation - Board of Long Term Health Care Administrators
Statutory Authority: 40-35-05, et seq.
Inactive or Retired Status Licenses; Continuing Education for Relicensure
Received by Speaker of the House of Representatives January 12, 1999
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Legislative Review Expiration May 13, 1999
19990126   Committee Request Withdrawal

120 Day period tolled
19990128   Withdrawn and Resubmitted

REGULATION WITHDRAWN

Document No. 2321
Agency: Department of Labor, Licensing and Regulation - Board of Long Term Health Care Administrators
Statutory Authority: 1976 Code Section 40-35-240
Continuing Education for Relicensure
Received by Speaker of the House of Representatives January 12, 1999
Referred to House Committee on Medical, Military, Public and Municipal Affairs
19990126   Committee Request Withdrawal
120 Day period tolled
19990128   Permanently Withdrawn

CONCURRENT RESOLUTION

The following was introduced:

H. 3416 (Word version) -- Reps. Rodgers, Lloyd, Chellis, Clyburn, Kelley, Altman, Sandifer, Gilham, Harris, Kennedy, Martin, Seithel, Taylor, Hayes, McGee, Ott, Stuart, Neilson, Stille, Davenport, R. Smith, Wilkins, Dantzler, Gourdine, Beck, Riser, Bowers, Barrett, Young-Brickell, Hinson, Jennings, Whipper, Phillips and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF TRANSPORTATION TO ESTABLISH A PURPLE HEART HIGHWAY AS A MEANS OF HONORING COMBAT-WOUNDED VETERANS WHO ARE RECIPIENTS OF THE PURPLE HEART MEDAL, TO ERECT APPROPRIATE MARKERS OR SIGNS TO


Printed Page 549 . . . . . Tuesday, February 2, 1999

INDICATE THIS, AND TO REQUEST THE GOVERNOR OF THIS STATE TO ISSUE A PROCLAMATION ESTABLISHING THE PURPLE HEART HIGHWAY ON FEBRUARY 22, 2000, AND DIRECTING THE ASSISTANCE OF THE DEPARTMENT OF VETERANS AFFAIRS, THE DEPARTMENT OF TRANSPORTATION, AND OTHER STATE AGENCIES AS MAY BE IN ORDER TO PROVIDE ASSISTANCE IN THE DEDICATION AND ESTABLISHMENT OF THE HIGHWAY.
The Resolution was ordered referred to the Committee on Education and Public Works.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 416 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE COACHES AND MEMBERS OF THE LEWISVILLE HIGH SCHOOL "LIONS" FOOTBALL TEAM FOR AN OUTSTANDING 1998 EFFORT, ENDING THE SEASON WITH A WELL DESERVED CLASS A TITLE VICTORY.
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. 419 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE FRANK E. DILLARD FOR HIS DEDICATED SERVICE AS SPARTANBURG COUNTY COUNCIL VICE-CHAIRMAN AND DISTRICT #6 REPRESENTATIVE FOR SPARTANBURG COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


Printed Page 550 . . . . . Tuesday, February 2, 1999

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 420 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION RECOGNIZING THE HONORABLE DAVID G. DENNIS, SR., FOR HIS DEDICATED SERVICE AS CHAIRMAN OF SPARTANBURG COUNTY COUNCIL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

S. 399 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Hayes, Reese, Jackson, Passailaigue, Saleeby and Holland: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.
Rep. CATO asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Labor, Commerce and Industry

S. 407 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 18, 1998, MISSED BY


Printed Page 551 . . . . . Tuesday, February 2, 1999

STUDENTS OF BUENA VISTA ELEMENTARY IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS 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.
On motion of Rep. VAUGHN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 118 (Word version) -- Senators Mescher and Reese: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS, EXEMPT THEM FROM THE PROHIBITION, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3417 (Word version) -- Reps. Harvin, Kennedy, Neal, Lloyd, Clyburn, Maddox, McKay, Whipper, Moody-Lawrence, J. Brown, Stille, W. McLeod, Rodgers, Gourdine, Jennings, Hayes and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS, ALCOHOL, OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS, TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
Referred to Committee on Labor, Commerce and Industry


Printed Page 552 . . . . . Tuesday, February 2, 1999

H. 3418 (Word version) -- Reps. Sharpe and R. Smith: A BILL TO AMEND SECTION 48-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FOREST LAND, SO AS TO FURTHER DEFINE "FOREST LAND"; TO AMEND SECTION 48-33-30, RELATING TO THE DEFINITION OF FOREST FIRE, SO AS TO FURTHER DEFINE "FOREST FIRE"; TO AMEND SECTION 48-33-60, RELATING TO COUNTY FORESTRY BOARDS, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE ANNUAL FOREST FIRE PROTECTION PLAN AND PROVIDE THAT COUNTY FOREST FIRE PROTECTION OFFICES SHALL BE EMPLOYED ONLY WITH THE CONSENT OF THE COUNTY FORESTRY BOARD; AND TO AMEND SECTION 48-33-70, RELATING TO PLANS FOR FOREST FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE COMMISSION OF FORESTRY SHALL PREPARE A PLAN FOR FOREST FIRE PROTECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3419 (Word version) -- Reps. Klauber, Cooper, Lanford, Fleming, Taylor, Limehouse, Altman, Knotts, Hawkins, Loftis, Sandifer, Harrison, Lucas, Robinson, Witherspoon, Hinson, Vaughn, Keegan, Riser, Wilkins, Young-Brickell and Cave: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1999"; TO DEFINE "SHOOTING RANGE" AND "SUBSTANTIAL CHANGE IN USE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.
Referred to Committee on Judiciary


Printed Page 553 . . . . . Tuesday, February 2, 1999

H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan and Barrett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.
Referred to Committee on Judiciary

H. 3421 (Word version) -- Reps. Campsen, Pinckney, Clyburn, J. Hines, Moody-Lawrence, Davenport, Barfield, Koon, Breeland, Neal, Inabinett, Altman, Govan, Hamilton, Lloyd, Mack, Cotty, M. Hines, Gourdine, Stille, Tripp, Scott, Phillips, Riser, Carnell and Harvin: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-688 SO AS TO DESIGNATE THE SPIRITUAL AS THE OFFICIAL MUSIC OF THE STATE.
Referred to Committee on Judiciary

H. 3422 (Word version) -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-197 SO AS TO PROVIDE THAT EMPLOYER-PAID REIMBURSEMENTS OF MILEAGE EXPENSES INCURRED IN THE COURSE OF OFFICIAL BUSINESS BY STATE OFFICERS AND EMPLOYEES MUST BE AT A PER MILE RATE THAT DOES NOT EXCEED THE STANDARD BUSINESS MILEAGE RATE ESTABLISHED BY THE INTERNAL REVENUE SERVICE AS THAT RATE IS PERIODICALLY ADJUSTED.
Referred to Committee on Ways and Means


Printed Page 554 . . . . . Tuesday, February 2, 1999

H. 3423 (Word version) -- Reps. M. McLeod, M. Hines, Bailey, Moody-Lawrence, Hayes, J. Brown, Govan, Bales, Keegan, Lloyd, Neal, Stille, Stuart, Kelley, Wilkes, Allen and Emory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-550 SO AS TO PROHIBIT A STUDENT ADJUDICATED DELINQUENT OR CONVICTED OF CRIMINAL SEXUAL CONDUCT OR ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE FROM ENROLLING IN OR ATTENDING A SCHOOL IN WHICH A VICTIM OF THE OFFENSE IS ENROLLED.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

The following was introduced:

H. 3424 (Word version) -- Rep. Rodgers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF MR. JAMES RICHARD "DICK" WATERS OF BEAUFORT, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3425 (Word version) -- Reps. Gamble, Wilkins, Koon, Riser, Stuart, Knotts, Bauer, Phillips, McCraw, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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, 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, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Pinckney, Quinn, R. Smith, Rhoad, Rice, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille,


Printed Page 555 . . . . . Tuesday, February 2, 1999

T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE MOLLY MITCHELL "MOLLY" SPEARMAN OF SALUDA COUNTY FOR HER YEARS OF EXCELLENT SERVICE TO THE CONSTITUENTS OF HOUSE DISTRICT 39, THE HOUSE OF REPRESENTATIVES, AND THE CITIZENS OF THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO OUR MOST ESTEEMED FRIEND AND COLLEAGUE IN HER UPCOMING POSITION AS DEPUTY SUPERINTENDENT FOR GOVERNMENTAL AFFAIRS IN THE DEPARTMENT OF EDUCATION.

Whereas, the Honorable Molly Mitchell "Molly" Spearman is a native and long-time resident of Saluda County who has represented District 39 with enthusiasm, good cheer, hard work, and dedication for over six years from 1993 until now; and

Whereas, she is well educated with a Bachelor of Arts degree in 1976 from Lander University and a Master of Arts degree in 1981 from George Washington University; and

Whereas, she has done post graduate work in education administration at the University of South Carolina and, in her professional career, Molly has been a public school teacher and an assistant principal; and

Whereas, she was chosen Teacher of the Year in 1986 when she taught at Chapin Elementary School in Lexington County and currently is assistant principal at Hollywood Elementary School in Saluda County; and

Whereas, Molly's vocation and her avocations complement each other nicely because she has been involved in music, education, and youth leadership programs all of her life; and

Whereas, Molly developed her leadership skills at an early age when she was elected student government president of Lander University in her senior year; and


Printed Page 556 . . . . . Tuesday, February 2, 1999

Whereas, these strong leadership qualities evidenced themselves by her work in the House beginning with her first years as a representative; and

Whereas, Molly first served on the Agriculture, Natural Resources and Environmental Affairs Committee, where she was the committee's elected secretary, and in 1997 she was assigned to the Ways and Means Committee, where she has served continuously in subcommittees concerned with health and human services and as the chairman of the legislative subcommittee on personnel and benefits; and

Whereas, Molly also served ably on the Joint Committee on Cultural Affairs; and

Whereas, the Lexington County Delegation will sorely miss Molly's hard work and important contributions to their meetings, and her suitemates in the Blatt Building will miss her pleasant company there; and

Whereas, one of Molly's enduring passions has been supporting veterans' issues and working with veterans' service organizations; she has served in many capacities in the American Legion Auxiliary; for example, she has served as the national legislative chairman for the auxiliary, the national education chairman, and she has been the president of the South Carolina American Legion Auxiliary; and

Whereas, the South Carolina American Legion recognized her hard work with the honor of naming her its 1996 Legislator of the Year; and

Whereas, during Molly's first two years in the House of Representatives two bills important to veterans were enacted into law through her sponsorship and diligent work; and

Whereas, in 1998 Molly was the prime sponsor of the South Carolina School Safety Act of 1998; and

Whereas, Molly's love of education and leadership training programs for our State's and our nation's youth is evident from her unceasing and enthusiastic work on behalf of the Girls' State and Girls' Nation programs; she has been the Chairman and Director of Palmetto Girls'


Printed Page 557 . . . . . Tuesday, February 2, 1999

State in 1989, 1990, and 1992; in 1994 she was Girls' Nation Director and national Girls' State chairman; and

Whereas, Molly is known by her colleagues for the passion she exhibits for the things she believes in and her hard work at pushing for what she wants yet doing this with a willingness to work with all sides and in the spirit of compromise; and

Whereas, she is universally known, respected, and admired for her high principles and conscientiousness and as a person with ability, intelligence, a well-developed sense of humor, and always a smile on her face; and

Whereas, Molly Spearman is devoted to her family; her husband, Bill, is a civil engineer and their two children, Mitchell, who is eighteen and finishing high school this year, and Beth, who is thirteen; and

Whereas, even with her busy schedule Molly continues as the church organist for the Hickory Grove Advent Christian Church; and

Whereas, we take great pleasure in this opportunity to express our deepest appreciation to Molly for her years of dedicated and excellent public service as an elected representative, and we know our loss will be the Department of Education's gain, and we are very grateful that we have had the honor and pleasure of being a part of the legislative process with her; and

Whereas, while Molly Spearman resigns on February 2, 1999 from her elected office in the House of Representatives, we are pleased that she chooses to remain in public service working on public education's continued improvement as an integral member of the Department of Education's executive office in the position of Deputy Superintendent for Governmental Affairs. 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, highly commend the Honorable Molly Mitchell "Molly" Spearman of Saluda County for her years of excellent service to the constituents of House District 39, the House of Representatives, and the citizens of the State of South Carolina, and


Printed Page 558 . . . . . Tuesday, February 2, 1999

extend best wishes to our most esteemed friend and colleague in her upcoming position as Deputy Superintendent for Governmental Affairs for the Department of Education.

Be it further resolved that a copy of this resolution be presented to the Honorable Molly Spearman.

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

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown T.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harris                 Harrison               Harvin
Hawkins                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                   Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Parks                  Phillips
Rhoad                  Rice                   Riser

Printed Page 559 . . . . . Tuesday, February 2, 1999

Robinson               Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith F.               Smith J.
Smith R.               Spearman               Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

STATEMENT OF ATTENDANCE

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

Joe E. Brown                         Bill Cotty
Clementa Pinckney                    Richard Quinn
Ralph Canty                          Jackson Whipper
Harry Ott

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence for two weeks, due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. March E. Seabrook of West Columbia 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 560 . . . . . Tuesday, February 2, 1999

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. 3300 (Word version)
Date:     ADD:
02/2/99     LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3300 (Word version)
Date:     ADD:
02/2/99     J. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3356 (Word version)
Date:     ADD:
02/2/99     EASTERDAY

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/2/99     HAYES

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/2/99     GOURDINE

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/2/99     J. HINES

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/2/99     INABINETT


Printed Page 561 . . . . . Tuesday, February 2, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/2/99     BREELAND

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/2/99     LEE

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/2/99     MOODY-LAWRENCE

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/2/99     F. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/2/99     MCMAHAND

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/2/99     MACK

CO-SPONSOR ADDED

Bill Number:   H. 3181 (Word version)
Date:     ADD:
02/2/99     KNOTTS

CO-SPONSOR ADDED

Bill Number:   H. 3069 (Word version)
Date:     ADD:
02/2/99     MILLER


Printed Page 562 . . . . . Tuesday, February 2, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3020 (Word version)
Date:     ADD:
02/2/99     MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3334 (Word version)
Date:     ADD:
02/2/99     RODGERS

CO-SPONSOR ADDED

Bill Number:   H. 3334 (Word version)
Date:     ADD:
02/2/99     BARFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3334 (Word version)
Date:     ADD:
02/2/99     WITHERSPOON

CO-SPONSOR REMOVED

Bill Number:   H. 3276 (Word version)
Date:     REMOVE:
02/2/99     KNOTTS

ORDERED TO THIRD READING

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

H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION AND MAINTENANCE OF GOLF COURSES AS A PERMITTED ACTIVITY OF THE DISTRICT.

H. 3412 (Word version) -- Reps. Davenport, Hawkins, Walker, Allison, D. Smith, Littlejohn and Lee: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT OF SPARTANBURG COUNTY, SO AS TO INCREASE THE FIRE CONTROL BOARD FROM FIVE TO SEVEN MEMBERS.


Printed Page 563 . . . . . Tuesday, February 2, 1999

SENT TO THE SENATE

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

H. 3341 (Word version) -- Reps. Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.

H. 3341--MOTION TO RECONSIDER TABLED

Rep. SCOTT moved to reconsider the vote whereby the following Bill was given a third reading:

H. 3341 (Word version) -- Reps. Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE


Printed Page 564 . . . . . Tuesday, February 2, 1999

INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.
Rep. CATO moved to table the motion to reconsider, which was agreed to.

H. 3062--AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up:

H. 3062 (Word version) -- Rep. Kirsh: A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-140 SO AS TO AUTHORIZE A STATE AGENCY TO ESTABLISH, COLLECT, AND RETAIN A FINE TO COVER THE COST OF COLLECTING A DISHONORED CHECK.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3167MM99), which was adopted.
Amend the bill, as and if amended, by striking Section 34-11-140 as contained in SECTION 1 and inserting:
/"Section 34-11-140. A state agency must attempt to collect a dishonored check returned to the agency as provided by Section 34-11-70 or Section 34-11-75. Collected revenues equal to the face amount of the dishonored check and the twenty-five dollar service charge may be retained and expended by the agency and any unused amount must be deposited in the general fund at the end of the fiscal year."/
Amend title to conform.

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

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


Printed Page 565 . . . . . Tuesday, February 2, 1999

H. 3181 -- AMENDED AND DEBATE ADJOURNED,
POINT OF ORDER

The following Bill was taken up:

H. 3181 (Word version) -- Reps. Klauber and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-125 SO AS TO PROVIDE THAT A PRISONER SHALL NOT INITIATE A CIVIL ACTION OR APPEAL A JUDGMENT UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-27-160 SO AS TO PROVIDE THAT A COMPLAINT FILED BY A PRISONER MUST CONTAIN HIS INMATE NUMBER; BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS CERTAIN CIVIL ACTIONS AGAINST A WITNESS OR VICTIM WHEN A PRISONER FAILS TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO REVISE THE TYPE OF CASES IN WHICH A PRISONER SHALL FORFEIT ALL OR PART OF HIS WORK, EDUCATION, OR GOOD CONDUCT CREDITS; AND TO AMEND SECTION 24-27-300, RELATING TO HOLDING A PRISONER IN CONTEMPT OF COURT, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PRISONER MAY BE HELD IN CONTEMPT OF COURT AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND THE INSURANCE RESERVE FUND SHALL MAINTAIN A DATA BASE OF PRISONERS WHO FILE CIVIL ACTIONS.

The Judiciary Committee proposed the following Amendment No.1 (Doc Name COUNCIL\GGS\AMEND\22133CM99), which was adopted.
Amend the bill, as and if amended, by striking Section 1, as contained on page 1, in its entirety.
Renumber sections to conform.
Amend title to conform.

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

POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that under Code Section 2-7-76 the Bill required an attached fiscal impact statement.


Printed Page 566 . . . . . Tuesday, February 2, 1999

Rep. KLAUBER argued contra.

Speaker WILKINS sustained the Point of Order and stated that the Bill was required to have a fiscal impact statement.

Rep. KLAUBER explained the Bill.

Rep. KLAUBER moved to adjourn debate on the Bill until Thursday, February 4, which was adopted.

H. 3397--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. PHILLIPS, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works:

H. 3397 (Word version) -- Reps. Phillips and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION INSTALL ELECTRONIC TRAFFIC SIGNALS AT THREE LOCATIONS IN CHEROKEE COUNTY BY JULY 1, 1999.

H. 3108--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3108 (Word version) -- Reps. Wilkins, Knotts, Altman, Inabinett, Stuart, Leach, R. Smith, Witherspoon, Hamilton, Simrill, Campsen, Klauber, Sandifer, Vaughn, Law, Hawkins, Harrison, Keegan, D. Smith, Kirsh, Wilder, Robinson, Askins, Woodrum, Phillips, Harrell, Lucas, Barrett, Young-Brickell, Hinson, Bailey, Allison, Cato, Walker, Mason, Rodgers, Gilham, Maddox, Rhoad, Meacham and Littlejohn: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO


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AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING

Printed Page 568 . . . . . Tuesday, February 2, 1999

TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE COMPOSITIOIN OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE CONTENTS OF ITS ANNUAL REPORT; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

Reps. HARRISON, T. BROWN. SHARPE, R. SMITH, ALTMAN, BECK, KNOTTS, WOODRUM, MCGEE, J. SMITH, CLYBURN, YOUNG-BRICKELL, PARKS, RUTHERFORD and SCOTT requested debate on the Bill.


Printed Page 569 . . . . . Tuesday, February 2, 1999

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

ADJOURNMENT

At 12:45 P.M. the House in accordance with the motion of Rep. M. HINES adjourned in memory of Patricia Evans of Florence, to meet at 10:00 A.M. tomorrow.

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