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


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Wednesday, February 17, 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:

Eternal God, the answer to our deepest longings and the source of our loftiest aspirations, and Who alone can lift our minds and hearts out of the darkest fears, keep us in the light and liberty of Your ever unfailing presence and peace. We humbly confess that in the hurry and rush of life we frequently forget You and yield to worry and anxiety. Give us courage for hard tasks, and direction when we find ourselves in the valley of uncertainty. May we never doubt Your greatness and goodness, but cling to You with unwavering faith and unending confidence. To You, Lord, we give our praise and glory. Amen.

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

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

MOTION ADOPTED

Rep. RICE moved that when the House adjourns, it adjourn in memory of Milton I. "Mac" McMahan, Jr., which was agreed to.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., February 16, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs you Honorable Body that it concurs in the amendments proposed by the House to S. 381:

S. 381 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE


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BEACH BY RECOGNIZING IT AS THE CHILDREN'S MUSEUM OF SOUTH CAROLINA IN MYRTLE BEACH.

Very respectfully,
President

Received as information.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2316
Agency: State Law Enforcement Division
Statutory Authority: 1976 Code Sections 23-3-600 through 23-3-690
State DNA Database
Received by Speaker of the House of Representatives February 16, 1999
Referred to House Committee on Judiciary
Legislative Review Expiration June 16, 1999 (Subject to Sine Die Revision)

Document No. 2376
Agency: Budget and Control Board
Statutory Authority: 1976 Code Section 23-47-10, et seq.
Commercial Mobile Radio System Surcharge
Received by Speaker of the House of Representatives February 16, 1999
Referred to House Committee on Labor, Commerce and Industry
Legislative Review Expiration June 16, 1999 (Subject to Sine Die Revision)

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2336
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Hospitality Cabinets
Received by Speaker of the House of Representatives January 12, 1999


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Referred to House Committee on Judiciary
Legislative Review Expiration May 24, 1999 (REVISED)
19990204   House Judiciary Committee Requested Withdrawal

120 Day period tolled
19990217   Withdrawn and Resubmitted

REPORTS OF STANDING COMMITTEES

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

H. 3146 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
Ordered for consideration tomorrow.

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

H. 3169 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-260 SO AS TO PROVIDE THAT EVERY PREGNANT FEMALE WHO INITIALLY CONSULTS A HEALTH CARE PROFESSIONAL MUST BE COUNSELED ABOUT THE HUMAN IMMUNODEFICIENCY VIRUS AND OTHER MATTERS RELATED THERETO, TO PROVIDE FOR THE MANNER IN WHICH ANY HIV TEST RESULTS MUST BE REPORTED, TO PROVIDE FOR THE MANNER IN WHICH THE RESULTS MAY BE RELEASED TO OTHER HEALTH CARE PROFESSIONALS, AND TO PROVIDE FOR AN HIV COUNSELING AND TESTING CONSENT FORM WHICH EVIDENCES THE FACT THAT THE MOTHER WAS OFFERED HIV TESTING.
Ordered for consideration tomorrow.


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

H. 3186 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 40-47-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.
Ordered for consideration tomorrow.

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

H. 3079 (Word version) -- Reps. Sharpe and Emory: A BILL TO AMEND SECTION 23-31-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS, SO AS TO PROVIDE THAT THE PROVISIONS WITH CERTAIN EXCEPTIONS RESTRICTING THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS ALSO NOT APPLY TO ANY DEALER OR PERSON LICENSED OR HOLDING A VALID PERMIT ISSUED PURSUANT TO FEDERAL LAW IF THE POSSESSION, TRANSPORTATION OR SHIPMENT IS NOT PROHIBITED BY FEDERAL LAW.
Ordered for consideration tomorrow.

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

H. 3301 (Word version) -- Reps. Beck and Mason: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE


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THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.
Ordered for consideration tomorrow.

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

H. 3337 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE LAW JUDGE WHO EXERCISES THE POWERS AND FUNCTIONS OF THE CHIEF ADMINISTRATIVE LAW JUDGE IN THE EVENT THERE IS A VACANCY IN THAT OFFICE, SO AS TO PROVIDE THAT THE POWERS AND FUNCTIONS ARE EXERCISED BY THE MOST SENIOR ADMINISTRATIVE LAW JUDGE INSTEAD OF THE JUDGE ELECTED TO SEAT 2.
Ordered for consideration tomorrow.

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

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


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

H. 3489 (Word version) -- Reps. R. Smith, Beck, Clyburn, Mason, Sharpe and Sheheen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 421 CROSSING THE RAILROAD TRACKS IN THE TOWN OF BATH THE "WILLIAM HENRY 'BILLY' JONES BRIDGE" AND TO ERECT APPROPRIATE MARKERS.

H. 3489 -- ADOPTED AND SENT TO THE SENATE

On motion of Rep. R. SMITH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:

H. 3489 (Word version) -- Reps. R. Smith, Beck, Clyburn, Mason, Sharpe and Sheheen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 421 CROSSING THE RAILROAD TRACKS IN THE TOWN OF BATH THE "WILLIAM HENRY 'BILLY' JONES BRIDGE" AND TO ERECT APPROPRIATE MARKERS.

Whereas, William Henry "Billy" Jones was born April 18, 1932, at Bath, the son of Henry and Ruby Jennings Jones, and attended L.B.C. High School and, on August 30, 1951, married Sara Edna Vermillion; and, a devoted family man, they have three children, Susan Jones Huckabee, William Calvin Jones, and Gary Robert Jones; and

Whereas, his interest in his fellow man led him to become active in public service including, but not limited to, service as: South Carolina Democratic Party Executive Committeeman; Commissioner, Valley Public Service Authority; Treasurer, Midland Valley Merchants and Professional Association; a former member of the L.B.C. Jaycees; a member of the American Legion Post 153; a member of Bath Lodge No. 263 of the Ancient Free Masons; a member of Clearwater First Baptist Church; and, military service in the United States Army; and

Whereas, William Henry "Billy" Jones was elected to the South Carolina House of Representatives, representing District No. 84, Aiken County, and ably served his constituency in that capacity from 1981 until 1988 with great distinction; and


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Whereas, William Henry "Billy" Jones exhibited strong devotion to his duties as a leader and in his friendship with fellow legislators; he was in the forefront on numerous issues being debated by his colleagues, and his insight, wisdom, knowledge of the practical aspects of life, and common sense always proved invaluable in helping to shape and define the issues; and, he has always worked hard to do what was best for his constituents and for South Carolina. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to name the bridge on Highway 421 crossing the railroad tracks in the town of Bath the "William Henry 'Billy' Jones Bridge" and to erect appropriate markers.

Be it further resolved that copies of this resolution be forwarded to the Department of Transportation and to the Honorable William Henry "Billy" Jones.
The Concurrent Resolution was adopted and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 3537 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION COMMENDING DR. GILBERT HUNT, PROFESSOR OF EDUCATION AT COASTAL CAROLINA UNIVERSITY, FOR HIS OUTSTANDING TEACHING AND THE GREAT IMPACT HE IS HAVING ON THE LIVES AND CAREERS OF HIS STUDENTS.
The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3538 (Word version) -- Rep. H. Brown: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE HARRY W. MILEY, JR., PH.D., FOR HIS DISTINGUISHED SERVICE AS


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CHAIRMAN OF THE SOUTH CAROLINA BOARD OF ECONOMIC ADVISORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 252 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO REQUEST THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKES AND OTHER HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS OF THE PROBLEM OF OBESITY AND SUGGESTED TREATMENT MODALITIES, AND TO REPORT THE FINDINGS OF THIS STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE THE CONVENING OF THE 2000 REGULAR SESSION.
The Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 497 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION RECOGNIZING CLARENCE L. "ROCKY" BYARS OF GAFFNEY UPON HIS RETIREMENT AS VETERANS AFFAIRS OFFICER FOR CHEROKEE COUNTY, AND EXPRESSING THE GRATITUDE OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA FOR HIS TWENTY-TWO YEARS OF SERVICE TO THE CITIZENS OF THIS STATE IN THE AREA OF VETERANS AFFAIRS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


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HOUSE RESOLUTION

The following was introduced:

H. 3539 (Word version) -- Rep. D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 2, 1999.

Be it resolved by the House of Representatives:

That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 2, 1999.
The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3540 (Word version) -- Reps. J. Brown, Scott, Howard and Mack: A BILL TO AMEND CHAPTER 24 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MENTALLY ILL OR INSANE DEFENDANTS, SO AS TO ENACT THE MENTALLY ILL DEFENDANT ACT WHICH INCLUDES PROVISIONS TO REVISE PROCEDURAL SAFEGUARDS IN THE PROSECUTION OF THESE DEFENDANTS AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED TREATMENT FOR THESE DEFENDANTS INCLUDING REQUIRING THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP A MENTALLY ILL DEFENDANT PROGRAM AND TO PROVIDE FOR THE COMPONENTS OF THE PROGRAM; TO AMEND ARTICLE 5 OF CHAPTER 23 OF TITLE 44, RELATING TO FITNESS TO STAND TRIAL, SO AS TO REVISE PROCEDURAL SAFEGUARDS AND PROVIDE A PROCEDURE FOR PERSONS COMMITTED TO APPLY FOR CONDITIONAL RELEASE AND REQUIRE THE MENTALLY ILL DEFENDANT PROGRAM TO MONITOR RELEASED PERSONS; TO AMEND SECTION 44-9-100, AS AMENDED, RELATING TO POWERS OF THE DEPARTMENT OF MENTAL HEATH, SO AS TO INCLUDE THE AUTHORITY TO PROMULGATE REGULATIONS RELATIVE TO CHAPTER 28, TITLE 17 AND ARTICLE 5 OF CHAPTER 23 OF TITLE 44; TO AMEND SECTION 44-13-30, RELATING TO THE DEPARTMENT


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OF MENTAL HEALTH TRANSFERRING NONRESIDENT PATIENTS TO THEIR STATE OF RESIDENCY, SO AS TO PROVIDE THAT THIS DOES NOT APPLY TO PATIENTS COMMITTED PURSUANT TO CHAPTER 24 OF TITLE 17 OR ARTICLE 5 OF CHAPTER 23 OF TITLE 44; TO AMEND SECTION 44-22-100, AS AMENDED, RELATING TO EXCEPTIONS TO THE CONFIDENTIALITY OF RECORDS MAINTAINED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO INCLUDE RECORDS RELATIVE TO THE PROVISIONS OF CHAPTER 23 OF TITLE 17 OR ARTICLE 5 OF CHAPTER 23 OF TITLE 44 IF DISCLOSURE IS NECESSARY TO CARRY OUT THOSE PROVISIONS; AND TO AMEND SECTION 44-23-210, AS AMENDED, RELATING TO TRANSFERRING PATIENTS BETWEEN MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO PERSONS COMMITTED PURSUANT TO THE MENTALLY ILL DEFENDANT PROGRAM.
Referred to Committee on Judiciary

H. 3541 (Word version) -- Reps. Clyburn, Gourdine, J. Hines, Howard, Mack and Neal: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, THE AWARD PROCEDURE, CONCLUSIVENESS OF THE AWARD, APPEAL, AND PAYMENT OF WORKERS' COMPENSATION DURING APPEAL, SO AS TO REQUIRE THE APPELLANT TO GIVE NOTICE TO THE WORKERS' COMPENSATION COMMISSION, WITHIN THE STATUTORY TIME LIMITS, OF ANY NOTICES OF APPEAL, ACTIONS TAKEN, OR ORDERS ISSUED BY ANY CIRCUIT COURT, THE COURT OF APPEALS, OR THE SUPREME COURT.
Referred to Committee on Labor, Commerce and Industry

H. 3542 (Word version) -- Reps. Clyburn and J. Hines: A BILL TO AMEND SECTION 42-1-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EMPLOYER'S WAIVER OF THE EXEMPTION FROM THE MANDATORY PROVISIONS OF TITLE 42, THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PERMIT COMING IN UNDER TITLE 42 BY PURCHASING WORKERS' COMPENSATION INSURANCE OR


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BY OPERATING UNDER AN APPROVED SELF-INSURANCE PROGRAM.
Referred to Committee on Labor, Commerce and Industry

H. 3543 (Word version) -- Reps. Clyburn, Howard, Gourdine, J. Hines, Mack and Neal: A BILL TO AMEND SECTION 42-1-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EMPLOYER'S WITHDRAWAL OF THE WAIVER OF EXEMPTION FROM TITLE 42, THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT SUCH AN EMPLOYER MAY GIVE NOTICE OF THE WITHDRAWAL TO THE WORKERS' COMPENSATION COMMISSION BY CANCELING ITS WORKERS' COMPENSATION INSURANCE OR SELF-INSURANCE PRIVILEGES.
Referred to Committee on Labor, Commerce and Industry

H. 3544 (Word version) -- Reps. Clyburn, Howard, J. Hines, Gourdine, Mack and Neal: A BILL TO AMEND SECTION 42-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW AND THE PENALTY FOR FAILURE TO MAKE REQUIRED REPORTS, SO AS TO CHANGE THE APPLICABLE PENALTY.
Referred to Committee on Labor, Commerce and Industry

H. 3545 (Word version) -- Reps. Clyburn, Howard, J. Hines, Mack and Neal: A BILL TO AMEND SECTION 42-9-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE FILED BY THE EMPLOYER WITH, AND APPROVED BY ONLY ONE MEMBER OF, THE WORKERS' COMPENSATION COMMISSION IF THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, AND PROVIDE THAT, WHEN THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, THE EMPLOYER MUST FILE THE SETTLEMENT AGREEMENT WITH THE COMMISSION WITHIN FIVE DAYS OF CONSUMMATION.
Referred to Committee on Labor, Commerce and Industry


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H. 3546 (Word version) -- Reps. Clyburn, Howard, Mack and Neal: A BILL TO AMEND SECTION 42-9-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION, NOTICE OF FINAL PAYMENT, AND THE PENALTY FOR FAILING TO GIVE THE REQUIRED NOTICE, SO AS TO CHANGE THE PENALTY WHICH MAY BE IMPOSED FOR THE FAILURE TO GIVE NOTICE.
Referred to Committee on Labor, Commerce and Industry

H. 3547 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE SERVICE CHARGE FROM TWENTY-FIVE TO THIRTY DOLLARS.
Referred to Committee on Judiciary

H. 3548 (Word version) -- Reps. Sharpe, Riser, Allen, Carnell, Cato, Davenport, Emory, Gilham, Hamilton, Inabinett, McGee, Robinson, Rodgers, Sandifer, Sheheen and Simrill: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO PROVIDE FOR THE TRANSFER OF THE HOMESTEAD EXEMPTION WHEN A QUALIFIED TAXPAYER WHO HAS BEEN RECEIVING THE EXEMPTION IN THE COUNTY OF HIS LEGAL RESIDENCE CHANGES HIS LEGAL RESIDENCE TO ANOTHER COUNTY DURING THE TAX YEAR AND GIVES NOTICE OF THE TRANSFER BY SEPTEMBER FIFTEENTH OF THAT TAX YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR'S OFFICE DETERMINE THAT THE REQUIREMENTS FOR THE TRANSFER OF THE EXEMPTION ARE SATISFIED.
Referred to Committee on Ways and Means

H. 3549 (Word version) -- Reps. Sharpe, Inabinett, Law, Riser, Davenport and Witherspoon: A BILL TO AMEND SECTION 12-60-1760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A COUNTY MUST PAY REASONABLE ATTORNEY'S FEES, EXPENSES, DAMAGES, AND COSTS RESULTING FROM DEFENDING AN ACTION BROUGHT


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AGAINST A COUNTY OFFICER FOR PERFORMING A DUTY IMPOSED ON HIM BY TITLE 12 IF THE PLAINTIFF PREVAILS IN THE ACTION AND IT AFFECTS THE INTEREST OF THE COUNTY, SO AS TO DELETE THE REQUIREMENT THAT THE DUTY WAS IMPOSED BY TITLE 12 AND SUBSTITUTE THAT THE DUTY WAS IMPOSED BY LAW AND DELETE THE REQUIREMENT THAT THE PLAINTIFF MUST PREVAIL AND IT MUST AFFECT THE INTEREST OF THE COUNTY.
Referred to Committee on Judiciary

H. 3550 (Word version) -- Reps. Rodgers, W. McLeod, Stuart, Martin, Allison, Gamble, Gilham, Lee, Meacham, Neilson, Parks and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-225 SO AS TO PROVIDE THAT NO PERSON MAY BE APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY TO A STATE BOARD OR COMMISSION WHO HAS SERVED CONSECUTIVE FULL TERMS ON THAT BOARD OR COMMISSION WHICH TOTAL TWELVE YEARS OR MORE, AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.
Referred to Committee on Judiciary

H. 3551 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN OPTICINARY, RELATING TO CONTINUING EDUCATION, LICENSURE, APPRENTICESHIPS, EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2354, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference

H. 3552 (Word version) -- Reps. Harrison, D. Smith, J. Brown, Cobb-Hunter, Cotty, Harvin, Jennings, Klauber, Limehouse, Lourie, Maddox, Seithel, F. Smith, J. Smith, Stuart, Whipper and Wilkes: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO REQUIRE ALL PERSONS REGARDLESS OF AGE TO WEAR A SEAT BELT OR BE IN A CHILD RESTRAINT SYSTEM


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AS APPROPRIATE AND TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47, CHAPTER 5, TITLE 56; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FROM MANDATORY USE OF SEAT BELTS, SO AS TO DELETE AN EXCEPTION FOR CHILD RESTRAINT SYSTEMS IN ORDER TO CONFORM TO THESE PROVISIONS; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES AND ENFORCEMENT PROVISIONS OF MANDATORY SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS, TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT, AND TO IMPOSE THE FINE ON THE DRIVER OF THE VEHICLE IF AN OCCUPANT UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.
Referred to Committee on Judiciary

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

H. 3555 (Word version) -- Rep. Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary

S. 248 (Word version) -- Senators Leatherman and McGill: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, BY ADDING SECTION 55-11-650 SO AS TO AUTHORIZE THE AUTHORITY TO


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DEPOSIT, EXPEND MONIES, ACCEPT DONATIONS, ISSUE NEGOTIABLE INSTRUMENT BONDS, NOTES, AND OTHER EVIDENCES OF INDEBTEDNESS.
On motion of Rep. MCGEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 339 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 358 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 402 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-26 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF BEAR CREEK IN LANCASTER COUNTY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 457 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 22, 1999, MISSED BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN


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WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

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

H. 3554 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MCBEE HIGH SCHOOL'S PAT EARLE ("OUTSTANDING AGRICULTURAL EDUCATOR OF THE YEAR" FOR 1998) AND THE MCBEE HIGH SCHOOL FFA, ON A DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR ACCOMPLISHMENTS IN AGRICULTURAL EDUCATION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to McBee High School's Pat Earle ("Outstanding Agricultural Educator of the Year" for 1998) and the McBee High School FFA, on a date and at a time as determined by the Speaker, for the purpose of being recognized for their accomplishments in agricultural education.
The Resolution was adopted.

ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming

Printed Page 768 . . . . . Wednesday, February 17, 1999

Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harris
Harrison               Harvin                 Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Jennings               Kelley                 Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Ott                    Parks
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Simrill                Smith D.               Smith J.
Smith R.               Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 17.

Timothy Wilkes                       G. Ralph Davenport
Jerry Govan                          Denny Neilson
Jackson Whipper                      E. M. 'Mac' McLeod
Richard Quinn                        Kenneth Kennedy
Joseph Neal                          Harry Askins
Thomas Keegan

Total Present - 117


Printed Page 769 . . . . . Wednesday, February 17, 1999

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Julius "Juke" L. Leary of Greenwood 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. 3402 (Word version)
Date:     ADD:
02/17/99   TRIPP

CO-SPONSOR ADDED

Bill Number:   H. 3365 (Word version)
Date:     ADD:
02/17/99   ALLEN

SILENT PRAYER

Rep. Jennings, with unanimous consent, asked the House to stand in silent prayer in memory of the five children who were killed in an accident in Marlboro County and to pray for the surviving child who is in critical condition in the hospital.


Printed Page 770 . . . . . Wednesday, February 17, 1999

SPECIAL PRESENTATION

Reps. JENNINGS and HARRIS presented to the House the Marlboro County High School "Bulldogs", 1998 Class AAAA-Division II State Football Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Reps. HARRELL, ALLISON and SCOTT presented to the House a delegation of students, parents and officials from the South Carolina School for the Deaf and the Blind.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. BROWN a temporary leave of absence.

SENT TO THE SENATE

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

H. 3096 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45 SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SALARY SUPPLEMENT OR OTHER CONSIDERATION ABOVE A SPECIFIED LIMIT FROM NONGOVERNMENTAL SOURCES EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE PENALITIES FOR VIOLATION.

H. 3525 -- COMMITTED

The following Bill was taken up:

H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO


Printed Page 771 . . . . . Wednesday, February 17, 1999

AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.

Rep. MCGEE moved to commit the Bill.
Rep. SCOTT moved to table the motion.
Rep. MCGEE demanded the yeas and nays, which were taken, resulting as follows:

Yeas 27; Nays 69

Those who voted in the affirmative are:

Allen                  Bales                  Battle
Breeland               Clyburn                Cobb-Hunter
Delleney               Emory                  Gourdine
Hayes                  Hines M.               Howard
Kirsh                  Lee                    Lloyd
Lourie                 Mack                   McLeod W.
McMahand               Moody-Lawrence         Parks
Pinckney               Rutherford             Scott
Simrill                Smith J.               Wilkes

Total--27

Those who voted in the negative are:

Altman                 Barfield               Barrett
Bauer                  Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Easterday              Edge                   Fleming
Gamble                 Gilham                 Hamilton
Harrell                Harris                 Harrison
Harvin                 Hawkins                Hinson
Inabinett              Kelley                 Klauber
Knotts                 Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
Mason                  McCraw                 McGee

Printed Page 772 . . . . . Wednesday, February 17, 1999

McKay                  Meacham                Miller
Neilson                Ott                    Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Smith D.               Smith R.               Stille
Taylor                 Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--69

So, the House refused to table the motion.

The question then recurred to the motion to commit the Bill to the Judiciary Committee, which was agreed to.

H. 3040 -- AMENDED AND POINT OF ORDER

The following Bill was taken up:

H. 3040 (Word version) -- Reps. Littlejohn, McKay and Rodgers: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS TO OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CITIZEN OF GERMANY OR JAPAN WHO IS AT LEAST EIGHTEEN YEARS OF AGE, WHO IS EMPLOYED IN THIS STATE, AND WHO HAS A VALID DRIVER'S LICENSE ISSUED BY EITHER NATION MAY DRIVE A MOTOR VEHICLE FOR FOUR YEARS IN THIS STATE.

Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name \GGS\AMEND\22151CM99), which was adopted.
Amend the bill, as and if amended, by striking Section 1, page one in its entirety and inserting:
/ SECTION   1.   Section 56-1-30(6) of the 1976 Code is amended to read:

"(6)   A citizen of France a foreign jurisdiction whose licensing procedure is at least as strict as South Carolina's, as determined by the department, who is at least eighteen years of age, who is employed in


Printed Page 773 . . . . . Wednesday, February 17, 1999

South Carolina, and who has a valid driver's license issued by that nation jurisdiction may drive in this State for four five years if the foreign jurisdiction provides a reciprocal arrangement for South Carolina residents. The provisions of this item also shall apply to the dependents of foreign nationals who qualify under this section." /
Amend title to conform.

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

POINT OF ORDER

Rep. DAVENPORT 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. 3532--POINT OF ORDER

The following Bill was taken up:

H. 3532 (Word version) -- Reps. Fleming, Loftis, Townsend, Whatley, Clyburn, Lanford, Mason, Edge, Altman, McCraw, Scott, Stuart, Harris, Dantzler, Allison, Wilkins, Harrison, Gourdine, D. Smith, Howard, Tripp, Harrell, Webb, Bailey, Barfield, Bauer, Beck, G. Brown, Campsen, Canty, Cato, Chellis, Cooper, Cotty, Delleney, Easterday, Emory, Gamble, Hamilton, Hawkins, J. Hines, Jennings, Kelley, Klauber, Knotts, Leach, Limehouse, Littlejohn, Lucas, Maddox, Martin, McGee, McKay, M. McLeod, Neal, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Koon, Simrill, F. Smith, R. Smith, Taylor, Trotter, Whipper, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION FEES FOR CERTAIN PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE FEE FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER WHO REGISTER A PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.


Printed Page 774 . . . . . Wednesday, February 17, 1999

POINT OF ORDER

Rep. FLEMING 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.

OBJECTION TO RECALL

Rep. BAILEY asked unanimous consent to recall S. 1 (Word version) from the Committee on Ways and Means.
Rep. SIMRILL objected.

MOTION PERIOD

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

H. 3082 -- AMENDED AND INTERRUPTED DEBATE

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

H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, Simrill, W. McLeod, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

Rep. WALKER proposed the following Amendment No.3 (Doc Name COUNCIL\PT\AMEND\1271SD99), which was adopted.

Amend the bill, as and if amended, Section 59-63-1320, by inserting after /programs/ on line 5 of the section, / at a site separate from other


Printed Page 775 . . . . . Wednesday, February 17, 1999

schools unless operated at a time when those schools are not in session or in another building on campus which would provide complete separation from other students. These programs shall be provided/
Amend title to conform.

Rep. WALKER explained the amendment.

The amendment was adopted.

Rep. COTTY proposed the following Amendment No. 6, which was adopted.
Amend the bill, as and if amended, by adding the following at the end of Section 59-63-1340; provided, nothing herein shall prohibit school districts and/or the South Carolina Department of Education from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able to successfully complete the requirements for a diploma.

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

Reps. COTTY and LOURIE proposed the following Amendment No. 7 (Doc Name PT\AMEND\1274SD99), which was adopted.

Amend the bill, as and if amended, by striking Section 59-63-1360 and inserting:

/Section 59-63-1360.   A school district shall determine what, if any, transportation shall be provided to students attending an alternative school in accordance with written district guidelines. /
Amend title to conform.

Rep. COTTY explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. COTTY demanded the yeas and nays, which were taken, resulting as follows:

Yeas 26; Nays 76

Those who voted in the affirmative are:

Allison                Barrett                Brown H.
Clyburn                Hines J.               Hines M.
Hinson                 Inabinett              Kirsh
Leach                  Lee                    Littlejohn

Printed Page 776 . . . . . Wednesday, February 17, 1999

Lloyd                  Martin                 McMahand
Moody-Lawrence         Pinckney               Riser
Rodgers                Smith D.               Stille
Stuart                 Townsend               Trotter
Walker                 Webb

Total--26

Those who voted in the negative are:

Allen                  Altman                 Askins
Bales                  Barfield               Battle
Bauer                  Beck                   Bowers
Brown G.               Campsen                Carnell
Cato                   Chellis                Cobb-Hunter
Cotty                  Dantzler               Davenport
Delleney               Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Hawkins                Hayes                  Kennedy
Klauber                Knotts                 Koon
Limehouse              Loftis                 Lourie
Lucas                  Mack                   Maddox
Mason                  McGee                  McKay
McLeod M.              McLeod W.              Meacham
Miller                 Neilson                Ott
Parks                  Phillips               Quinn
Rhoad                  Rice                   Robinson
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Simrill
Smith J.               Smith R.               Taylor
Tripp                  Vaughn                 Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--76

So, the House refused to table the amendment.
Rep. WALKER spoke against the amendment.
The amendment was then adopted.


Printed Page 777 . . . . . Wednesday, February 17, 1999

Reps. COTTY and LOURIE proposed the following Amendment No. 8 (Doc Name PT\AMEND\1275SD99), which was adopted.

Amend the bill, as and if amended, in Chapter 63 of Title 59 of the 1976 Code as contained in SECTION 1, by adding a new section to read, which was .

/ Section 59-63-1325.   Nothing in this chapter shall abrogate, usurp, or diminish the authority of any public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct, including but not limited to expulsion, and nothing in this chapter shall require that any student be assigned to such an alternative school. These decisions shall rest solely in the discretion of the district and school board, regardless of the offense, record of the child, or other information presented from any source. /
Amend title to conform.

Rep. COTTY explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. LOURIE spoke in favor of the amendment.
Rep. TOWNSEND moved to table the amendment.

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

Yeas 27; Nays 82

Those who voted in the affirmative are:

Allen                  Allison                Barrett
Clyburn                Gourdine               Hines J.
Hines M.               Hinson                 Inabinett
Kirsh                  Leach                  Lee
Littlejohn             Lloyd                  Maddox
Martin                 McGee                  McKay
McMahand               Moody-Lawrence         Rodgers
Stille                 Stuart                 Townsend
Trotter                Walker                 Webb

Total--27


Printed Page 778 . . . . . Wednesday, February 17, 1999

Those who voted in the negative are:
Altman                 Askins                 Bailey
Bales                  Barfield               Battle
Bauer                  Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown T.               Campsen                Carnell
Cato                   Chellis                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Emory                  Fleming                Gamble
Gilham                 Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Hawkins                Hayes
Kelley                 Klauber                Knotts
Koon                   Law                    Limehouse
Loftis                 Lourie                 Lucas
Mack                   Mason                  McCraw
McLeod M.              Meacham                Miller
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Simrill                Smith D.
Smith J.               Smith R.               Taylor
Tripp                  Vaughn                 Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--82

So, the House refused to table the amendment.
The question then recurred to the adoption of amendment, which was agreed to.

Reps. KNOTTS, WHATLEY, KOON and RISER proposed the following Amendment No. 11 (Doc Name COUNCIL\BBM\AMEND\9009SOM99), which was tabled.

Amend the bill, as and if amended, by adding Section 59-63-1330:


Printed Page 779 . . . . . Wednesday, February 17, 1999

/ Section 59-63-1330.   If the governing body of a school district provides a resource officer in its traditional schools for students in grades 6-12, the governing body must make it a priority that a resource officer is provided for the alternative school program of the district. /
Renumber sections to conform.
Amend title to conform.

Rep. KNOTTS explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken, resulting as follows:

Yeas 79; Nays 20

Those who voted in the affirmative are:

Allen                  Allison                Bailey
Barfield               Barrett                Battle
Beck                   Bowers                 Breeland
Brown T.               Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Edge                   Emory
Fleming                Gilham                 Govan
Hamilton               Harrell                Harris
Harvin                 Hines J.               Hinson
Inabinett              Kelley                 Kirsh
Klauber                Lanford                Leach
Lee                    Littlejohn             Lloyd
Loftis                 Lourie                 Maddox
Mason                  McCraw                 McGee
McKay                  McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Phillips               Rhoad                  Rice
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Sharpe
Simrill                Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb


Printed Page 780 . . . . . Wednesday, February 17, 1999

Wilder                 Wilkins                Witherspoon
Woodrum

Total--79

Those who voted in the negative are:

Altman                 Askins                 Bales
Bauer                  Clyburn                Gamble
Gourdine               Hayes                  Hines M.
Knotts                 Koon                   Law
Limehouse              Lucas                  McLeod M.
Riser                  Seithel                Whatley
Whipper                Wilkes

Total--20

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KIRSH a leave of absence for the remainder of the day due to medical reasons.

Rep. BAUER proposed the following Amendment No. 13 (Doc Name COUNCIL\BBM\AMEND\9011SOM99), which was adopted.

Amend the bill, as and if amended, Section 59-63-1340, as amended, by adding a paragraph at the end:

/Alternative school programs are authorized to use corporal punishment as a disciplinary method. The school and its employees are not liable under the South Carolina Tort Claims Act for using corporal punishment unless the punishment is performed in a grossly negligent manner. /
Renumber sections to conform.
Amend title to conform.

Rep. BAUER explained the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Amendment No. 13, Rep. Bauer having the floor.


Printed Page 781 . . . . . Wednesday, February 17, 1999

JOINT ASSEMBLY

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

ADDRESS BY CHIEF JUSTICE ERNEST A. FINNEY, JR.

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

H. 3479 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 17, 1999.

Chief Justice Ernest A. Finney, Jr. and his distinguished escort party were escorted to the Rostrum by Senators Courtney, Leventis, Patterson, Russell and Waldrep and Representatives WHIPPER, HARRIS, MCGEE, ALTMAN and HAWKINS. The Acting President of the Senate introduced Chief Justice Finney.

Chief Justice Finney addressed the Joint Assembly as follows:

"Senator Setzler, Mr. Speaker, Members of the General Assembly, other State Officials, Members of the Judiciary, Honored Guests, Ladies and Gentlemen:

I want to say to you at the very beginning of this presentation that I hope that my reception as I leave will be as warm and cordial as it was when I arrived. I would also like to say something on the behalf of the citizens of the State of South Carolina. I want to express our sincere and deep appreciation for the renovations that you have accomplished on the State House. As I stand here I reflect upon what this building and facility looked like 25 years ago when I was a member of the General Assembly of this State. I commend you because you have done a tremendous job in visualizing and improving the image of the State by the reconstruction and renovations that you have conducted on this facility.

I thank you for the opportunity to present this report on the State of the South Carolina Judiciary; and I deeply appreciate those occasions


Printed Page 782 . . . . . Wednesday, February 17, 1999

during the past several weeks when I have been able to discuss matters of mutual concern with individual members and various committees of this legislative body.

Your attentiveness to issues which affect the judiciary is a reflection of your commitment to the ideals of statesmanship in the highest and best tradition of this great republic. Just as the strength of a chain is determined by its weakest link, the sovereignty of this State can be measured in terms of the vulnerability of its least functional branch.

Therefore, the socio-economic stability of South Carolina rests in the hands of government officials who must guarantee that each branch receives the resources and support necessary to adequately perform its mission.

The mission of the Judicial Branch is to provide a just, efficient system of courts for the resolution of legal disputes in civil actions and for the disposition of criminal charges. Every operation within the Judicial Branch exists for the sole purpose of supporting that mission. Our primary goal is to expedite the disposition of our court caseload.

Since 1995, we have acquired new FTE positions for six Family Court judges, six Circuit Court judges, and three judges on the Court of Appeals; along with ancillary staff for each judicial position. The additional judicial personnel, combined with innovative steps to manage court dockets, have yielded time savings and consistency in disposition of pre-trial proceedings.

For example, greater efficiency and trial effectiveness have been achieved by assigning death penalty cases and multiple related or complex civil litigation to a single judge and court reporter. Certain motions and other non-jury matters are now resolved during designated settlement weeks. Masters-in-equity are assigned as special circuit court judges to hear non-jury Common Pleas matters; and we have expanded the authority of chief judges for administrative purposes. The following numbers provide an objective picture of our criminal and civil caseloads. During Fiscal Year 1996-97, the Court of General Sessions disposed of 110,758 cases. During Fiscal Year 1997-98, that court disposed of 112,123 criminal cases - up by approximately 1400 cases. On the civil side, the Court of Common Pleas disposed of 44,194 cases during Fiscal Year 1996-97; for Fiscal Year 1997-98, the number of dispositions increased to 52,748 cases.

Our Fiscal Year 1999-2000 budget proposal includes a request for $500,000 to expand the pilot Alternate Dispute Resolution Program from Richland and Florence Counties to include the counties of Greenville, Lexington, Horry and Charleston. The initial two-county


Printed Page 783 . . . . . Wednesday, February 17, 1999

pilot provides insufficient data upon which to base a final conclusion on the effectiveness of ADR in South Carolina.

The concept is relatively new to this State and will require a period for user acceptance and modifications of procedures and rules. I am persuaded that our investment in the expansion of ADR will be justified by its benefit to litigants and to the system. Foremost, it is an alternative which will operate within the existing framework, since it would not require new judges or additional facilities. Secondarily, the number of civil case dispositions for FY 1997-98 increased by more than 8500 over the preceding fiscal year. We are unable to assess the direct impact of ADR on the improved disposition rate. But, unquestionably, ADR holds the potential for substantially reducing court dockets at a time when every category of litigation is on the rise.

For example, there is expected to be a deluge of litigation arising from the year 2000 challenge as a result of problems encountered by various sectors of society in the arenas of communications and information. The Judicial Branch expects minimal problems because personal service constitutes our primary output. But, for businesses and other entities which provide communications capabilities and information, the courts will become battlegrounds for a new category of disputes which involve financial services, securities, utilities, transportation, health care and education.

On the conventional side, the effects of penalty-enhancement legislation is already apparent in the deceleration of case disposition rates. For instance, the Sexually Violent Predator's Act alone is expected to generate from 200 - 300 additional jury trials per year. So, it is crucial that we explore ADR and every other option which offers a potential for relieving congested dockets.

At the appellate level, the additional three-judge panel on the Court of Appeals has facilitated a redistribution of cases between the two appellate courts. To further enhance the disposition rate of cases on appeal, the Court of Appeals has devised a plan for accelerated disposition of cases. We have requested an additional clerical support person to assist with the increased workload of that court.

Some Supreme Court personnel were transferred to the Court of Appeals to perform docketing functions assumed under the new set-up. We are also requesting FTE positions for one staff attorney and one clerical employee for the Supreme Court. During the early part of this decade, disciplinary enforcement for attorney and judicial misconduct emerged as an issue of grave concern in South Carolina.


Printed Page 784 . . . . . Wednesday, February 17, 1999

On January 1, 1997, rules providing for the Commissions on Lawyer and Judicial Conduct became effective. The additional staff, budgetary resources, and rule revisions have improved the effectiveness of the disciplinary process. The Office of Disciplinary Counsel received 176 judicial grievances and 1,100 complaints against attorneys in Fiscal Year 1996-97. During Fiscal Year 1997-98, the caseload increased to 206 new cases against judges and 1,242 new complaints against attorneys.

Furthermore, when the commissions were instituted, we anticipated that most of the prosecutions would be conducted by the Office of the South Carolina Attorney General. However, there has been an unexpectedly large number of cases from which the Office of the Attorney General had to be recused due to apparent conflicts of interest. We are optimistic that another attorney and one additional support person would enable the Office of Disciplinary Counsel to handle the unforeseen volume of prosecutions.

Budget Priority No. 3 is a request for $450,000 in recurring funding to implement a revolving cycle for replacement of obsolete information technology hardware. We believe that any potential problems inherent in the Y2K transition will be resolved by acquiring the funding and personnel to comply with our initial Long-Range Strategic Plan.

The two areas which are lacking in our technology division are the ability to systematically upgrade computers and office equipment, and acquire experienced technicians. The results of studies conducted by the State Budget and Control Board Office of Human Resources emphasized the need to establish a base-salary formula for our lowest-paid employees. We have heretofore attempted to rectify this situation on a piece-meal basis. But, the effect of the salary dilemma is taking a toll on branch operations; and I believe it is imperative that we provide a salary increase in Fiscal Year 1999-2000 for non-judicial staff. In our view, a 5.00% increase would serve as an incentive for experienced employees to remain with the branch.

Another incentive is the opportunity for upward mobility through continuing education. Moreover, education is a cost-effective means of enhancing staff efficiency. Our budget proposal contains a request for $100,000 to institute a systematic program of staff education to improve productivity, boost morale and aid in attracting and retaining employees.

The Judicial Branch Budgetary Request for Fiscal Year 1999-2000 seeks additional funding of $3,216,057 for seven programs. The budget was developed from a projection of the resources necessary to


Printed Page 785 . . . . . Wednesday, February 17, 1999

operate the Judicial Branch and from the standpoint of practicality. For instance, we are not requesting FTE positions for judges this year. While we still have case backlogs and the need for increased judicial resources is clear, there are insufficient facilities and personnel at the county level to accommodate additional concurrent terms of court. For this reason, we must depend upon our current roster of judges to carry a heavier caseload.

We have designated a judicial salary increase of 6.05% as our first budget priority. This request is intended to bring judicial salaries in South Carolina up to the southeastern average for judges. But there are other reasons of paramount importance, such as the underlying cause of the high attrition rate of state court judges and the need to attract and retain judges.

A week ago today in these chambers, this same General Assembly elected nine judges to fill vacancies in the family and circuit courts, and on the Court of Appeals. I believe there were two vacancies not filled during the election.

To the casual observer, the flurry of judicial elections might indicate that South Carolina has an ample supply of state court judges. However, prior to last Wednesday, there had never been fewer than five judicial vacancies and we have not - in recent times - had a full complement of judges to staff our courts. We have been able to maintain court schedules by curtailing judicial leave. As a rule, judges are understanding of our plight. But, excessive caseloads and the imposition of overly stringent leave guidelines have had an obvious detrimental effect upon morale.

We believe that these men and women who are called upon to decide issues of personal freedom, to determine property rights, and to adjudicate matters of life and death on a daily basis should be compensated at a level which reflects their dedication.

We have scrutinized Judicial Branch operations and requested funding for obvious, critical needs. Each request is for funding to annualize, expand, or maintain an existing program. It would be misleading to imply that increasing the base appropriation of the Judicial Branch by $3,000,000 will position our court system to adequately discharge its constitutionally mandated functions in the next millennium. The sum of our funding request for FY 1999-2000 and our current base budget amounts to less than one percent of the state's budgetary spending. In reality, this is a subsistence budget - a proposal intended to make the best use of available resources to facilitate accessibility to the judicial process.


Printed Page 786 . . . . . Wednesday, February 17, 1999

I have concluded that, if our court system is at risk, calamity is not likely to occur because of a single catastrophic event, such as the stroke of midnight at the onset of year 2000. Conversely, any breakdown experienced by the court system is more likely to result from two diametrically opposed reasons: one external, the other internal.

Externally, insufficient personnel and inadequate facilities are being gradually overburdened by a perpetually escalating number of cases. According to a United States Census Bureau report, as of June 30, 1998, South Carolina's population had reached 3,835,962 - growth of 1.3% since June 30, 1997 - to become the 11th fastest growing state in the nation. The report's significance to the court system is that a higher population generates more criminal defendants, more victims, and more civil litigants.

Consequently, the resources intended for court viability have been diverted to court subsistence. Regrettably, we are constrained to measure progress in terms of whether or not we have fallen any further behind. The goal in our circuit courts is to dispose of criminal cases within 180 days from date of arrest and to adjudicate civil cases within 540 days from the date of filing. As a result, we have been able to chip away at the backlog while we strive to dispose of a number of cases each year which is at least equal to the number of new cases filed. When combined with the caseload projected for new litigation at the start of the next century, it is not an exaggeration to predict that a calamity will be averted only through careful planning and realistic spending.

Ladies and Gentlemen, it is imperative, as the legislature considers new measures which affect the court system, that the Judicial Branch must be involved from the very beginning of the planning process. We have seen good ideas fall short of the intended result, partly because they were promulgated without the input of persons or entities from all perspectives involved.

Presently pending before this General Assembly are proposals for Drug Treatment Courts in various forms. The consensus is that this is an idea whose time has come. I concur in that consensus - with two caveats. First, I would recommend that every reasonable precaution be taken to ensure the success of any plan adopted. Second, I charge you that the success of any new program should not come at the expense of any other segment of the court system.

A plan which requires the shifting of resources from an established program to the new program, even if successful, would tend to weaken the area deprived of needed resources. For instance, if Drug Treatment


Printed Page 787 . . . . . Wednesday, February 17, 1999

Courts require the use of judges from the circuit and family courts, then the docket of non-drug cases will suffer. Even if after-hour sessions are contemplated using existing judges, the disposition of conventional cases will be affected. Like other workers, judges are most effective when they are not over-extended and my reports indicate that our judges are already overworked.

I challenge you to devote the requisite research, planning and resources to bring this promising concept to fruition. In my opinion, the second threat to the stability of our court system is more insidious because the assault originates internally from individuals and coalitions within our system of government.

When the founding fathers framed our constitution, they were specific in providing for separation of powers as between each branch of government. These immigrants bore the scars of victimization by a system of laws which favored the whims of the privileged over justice for the deserving. South Carolina holds the distinction of being one of the initial thirteen colonies - a monument to those courageous men and women who chose a life of hardship on foreign soil over tyranny in their homeland.

I charge you, as gatekeepers of our form of government, to resolve that our system of laws shall not be denigrated on our watch by those who, for praise or power, would compromise the integrity of one of the most sacred possessions claimed by those early settlers over two centuries ago.

Let us renew our commitment to maintain the independence of the judiciary, as embodied in the statute of the Lady Justice, standing blindfolded, with evenly balanced scales in her hands, fair to all, beholden to none; no friends to reward and no enemies to punish. But we serve during a period when this noble concept is being undermined. We see peril adorned as laws which favor special interests. Encroachment is cloaked as exigency demanding hasty decisions for the wrong reasons. The will to manipulate the legal process masquerades as a desire for accountability in order to institute a system under which judges could be subject to coercion and intimidation.

Perhaps the more imminent danger lies in the benign neglect of a court system deprived of its lifeblood by inadequate funding for needed programs. Anemic, ineffectual courts are in and of themselves a threat to good social order and personal freedom. Powerless to implement laws in an impartial manner, the courts become the tool of whomever or whichever faction is in power. Justice becomes a hostage to funding


Printed Page 788 . . . . . Wednesday, February 17, 1999

authorities who use the budget as leverage to achieve a certain end or to exact a desired result.

Addressing our obligation to promote a just system of courts, Edmond Burke, the British statesman, wrote:
Justice is itself the great standing policy of civil society;
and any eminent departure from it,
under any circumstances,
lies under the suspicion of being no policy at all.

The responsibility of maintaining balance in services and programs is a daunting task. But, ladies and gentlemen, we are the individuals chosen by the people to represent them and to safeguard their interests. They have sent us to the seat of government to achieve together objectives which they could not accomplish alone.

I and the other members of the South Carolina Judiciary look forward to working with the members of this 113th General Assembly, as - together - we seek to insure justice, maintain domestic tranquility, and secure the blessings of liberty to ourselves and to our posterity in the coming millennium.

Senator, Mr. Speaker and members of this joint assembly, that concludes my report on the State of the South Carolina Judiciary. I thank you for your attention.

JOINT ASSEMBLY RECEDES

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

THE HOUSE RESUMES

A 12:35 P.M. the House resumed, the SPEAKER in the Chair.

H. 3082 -- AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 13, Rep. Bauer having the floor:

H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford,


Printed Page 789 . . . . . Wednesday, February 17, 1999

Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, Simrill, W. McLeod, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

Rep. BAUER proposed the following Amendment No. 13 (Doc Name COUNCIL\BBM\AMEND\9011SOM99), which was adopted.

Amend the bill, as and if amended, Section 59-63-1340, as amended, by adding a paragraph at the end:

/Alternative school programs are authorized to use corporal punishment as a disciplinary method. The school and its employees are not liable under the South Carolina Tort Claims Act for using corporal punishment unless the punishment is performed in a grossly negligent manner. /
Renumber sections to conform.
Amend title to conform.

Rep. BAUER continued speaking.
Rep. TOWNSEND moved to table the amendment.
Rep. BAUER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 32; Nays 73

Those who voted in the affirmative are:

Allen                  Breeland               Brown T.
Carnell                Clyburn                Gilham
Hines J.               Hines M.               Hinson
Lee                    Littlejohn             Lloyd
Lucas                  Maddox                 Martin
McLeod W.              McMahand               Moody-Lawrence
Neal                   Neilson                Parks

Printed Page 790 . . . . . Wednesday, February 17, 1999

Rhoad                  Rodgers                Rutherford
Stille                 Stuart                 Townsend
Trotter                Walker                 Webb
Whipper                Wilder

Total--32

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Brown G.
Brown H.               Campsen                Cato
Chellis                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Hawkins                Hayes
Kelley                 Kennedy                Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Loftis                 Lourie                 Mason
McCraw                 McGee                  McKay
McLeod M.              Meacham                Miller
Ott                    Phillips               Rice
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Smith D.
Smith J.               Smith R.               Taylor
Tripp                  Whatley                Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--73

So, the House refused to table the amendment.


Printed Page 791 . . . . . Wednesday, February 17, 1999

RECORD FOR VOTING

I was in a meeting dealing with my budget subcommittee responsibilities. Had I been present I would have voted no on the tabling motion.
Rep. Rick Quinn

RECORD FOR VOTING

I was out of the Chamber meeting with constituents during the vote on Amendment No. 13. I would have voted no on the tabling motion.
Rep. Gary Simrill

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. ROBINSON spoke in favor of the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

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                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Hawkins                Hayes                  Hines J.
Hinson                 Howard                 Inabinett
Kelley                 Kennedy                Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd

Printed Page 792 . . . . . Wednesday, February 17, 1999

Loftis                 Lourie                 Lucas
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neilson                Ott                    Parks
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Seithel                Sharpe                 Simrill
Smith D.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--106

Those who voted in the negative are:

Total--0

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

H. 3082--RECORD FOR VOTING

I wish the record to reflect that I would have voted favorably for the Bill.
Rep. Pinckney

H. 3082--RECORD FOR VOTING

Due to a leave for medical reasons, I was not present for the final vote on the passage of the Bill. I wish the record to reflect that I would have voted yes, in favor of the Bill.
Rep. Kirsh

RECURRENCE TO THE MORNING HOUR

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


Printed Page 793 . . . . . Wednesday, February 17, 1999

HOUSE RESOLUTION

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

H. 3556 (Word version) -- Reps. G. Brown, Lucas, Allison, Breeland, J. Brown, T. Brown, Canty, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Howard, Inabinett, Kennedy, Lee, Lloyd, Mack, McMahand, Moody-Lawrence, Neal, Parks, Pinckney, Rutherford, Scott, F. Smith and Whipper: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CURRENT MISS BLACK USA, CAROLINE MACK OF BISHOPVILLE IN LEE COUNTY, FOR THE PURPOSE OF BEING RECOGNIZED FOR HER OUTSTANDING REIGN AS MISS BLACK USA ON WEDNESDAY, FEBRUARY 24, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the House of Representatives note that Caroline Mack of Bishopville in Lee County is completing her reign as Miss Black USA for 1998; and

Whereas, Miss Mack, an outstanding graduate of Bishopville High School, earned a Bachelor of Music Degree from Converse College and a Master of Music Degree in vocal performance at the University of North Carolina at Greensboro; and

Whereas, representing North Carolina at the pageant, she is the first contestant from either of the Carolinas to hold the national title; and

Whereas, this outstanding young woman has used the celebrity of her title to bring public awareness to the need for artistic education in school, breast cancer awareness and treatment, and for fighting the scourge of domestic violence; and

Whereas, she recently launched the first annual Caroline Mack Legacy of Love Walk-a-Thon and Banquet to benefit mentally and physically disabled citizens in Lee County; and

Whereas, an accomplished musician, she has employed her vocal talents in all types of music, from grand opera to performing with the legendary Bill Pinckney of the Original Drifters; and


Printed Page 794 . . . . . Wednesday, February 17, 1999

Whereas, she has in the course of her reign lent her personality and charm to worthy causes and projects too numerous to mention, to all of which she has added a special glow that contributes to their success; and

Whereas, it is appropriate for the members of the House of Representatives to pause in their deliberations so that they might recognize the contributions of so distinguished a daughter of South Carolina. Now, therefore,

Be it resolved by the House of Representatives:

That the current Miss Black USA, Caroline Mack of Bishopville in Lee County, is extended the privilege of the floor of the House of Representatives for the purpose of being recognized for her outstanding reign as Miss Black USA on Wednesday, February 24, 1999, at a time to be determined by the Speaker.

Be it further resolved that a copy of this resolution be presented to Miss Caroline Mack.
The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3557 (Word version) -- Reps. T. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Campsen, Carnell, Chellis, Clyburn, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, G. Brown, Gamble, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Hawkins, Hayes, Howard, J. Brown, J. Hines, J. Smith, Jennings, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Lloyd, Lourie, Lucas, M. Hines, M. McLeod, Mack, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neilson, Parks, Phillips, Quinn, R. Smith, Rhoad, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young-Brickell and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-80 SO AS TO REQUIRE A WELFARE


Printed Page 795 . . . . . Wednesday, February 17, 1999

RECIPIENT TO MEET FOR ONE HOUR EACH SEMESTER WITH AT LEAST ONE TEACHER OF EACH OF THE RECIPIENT'S CHILDREN; TO REQUIRE THE PARENT AND TEACHER TO SIGN A FORM IN DUPLICATE AT THE TIME OF THE VISIT; AND TO TERMINATE WELFARE FOR ONE MONTH IF A RECIPIENT FAILS TO COMPLY WITH THIS SECTION.
Rep. DAVENPORT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KNOTTS objected.
Referred to Committee on Education and Public Works

H. 3558 (Word version) -- Reps. Bailey, Cobb-Hunter and Young-Brickell: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO PROVIDE THAT TRUSTEES MUST BE ELECTED AT THE GENERAL ELECTION BEGINNING IN THE YEAR 2000.
On motion of Rep. BAILEY with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3559 (Word version) -- Reps. W. McLeod, Allen, Battle, Bowers, Clyburn, Cobb-Hunter, Emory, Gourdine, Hayes, J. Hines, Howard, Jennings, Klauber, Lee, Lloyd, Mack, Miller, Moody-Lawrence, Neal, Ott, Pinckney, Taylor and Wilder: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO AUTHORIZE THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
Referred to Committee on Ways and Means

H. 3560 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON VARIOUS ITEMS OF TANGIBLE PERSONAL PROPERTY, INCLUDING MOTOR VEHICLES, SO AS TO IN ALL INSTANCES RAISE THE


Printed Page 796 . . . . . Wednesday, February 17, 1999

MAXIMUM TAX FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS.
Referred to Committee on Ways and Means

Rep. FLEMING 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. 3527 (Word version) -- Reps. Jennings and Harris: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MARLBORO COUNTY HIGH SCHOOL "BULLDOGS" FOOTBALL TEAM AND THEIR COACHES FOR AN EXCEPTIONAL UNDEFEATED SEASON AND ON CAPTURING THE 1998 CLASS AAAA-DIVISION II STATE FOOTBALL CHAMPIONSHIP.

ADJOURNMENT

At 12:45 P.M. the House in accordance with the motion of Rep. RICE adjourned in memory of Milton I. "Mac" McMahon, Jr., to meet at 10:00 A.M. tomorrow.

***

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