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

Tuesday, February 9, 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 of every yesterday and all tomorrows, when we are plagued by a difficult past or faced with an uncertain future, reassure us with the knowledge that Your presence exceeds all that we can ask, which gives us the light to walk through this day with the ability to carry heavy responsibilities; with uncompromising courage to stand for what is right; with eyes to see the truth and wills to follow You without hesitation. We would lay our problems before You, not to escape them, but asking for help to carry them with gallantry that we fail neither our fellowmen nor our God. We give You the praise both now and always. Amen.

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

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

REGULATIONS RECEIVED

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

Document No. 2359
Agency: Clemson University - State Crop Pest Commission
Statutory Authority: Chapter 9, Title 46
Tropical Soda Apple
February 8, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
Legislative Review Expiration June 9, 1999

Document No. 2362
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 56-31-360
Free Textbooks
February 3, 1999
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

Document No. 2368
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-20-60 (4)(f), 59-30-10 (b)(1), (c)(2),(d) (2) and (1)
Use and Dissemination of Test Results
February 8, 1999
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

Document No. 2369
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-30-10 et seq.
Reading, Writing, and Mathematics Objectives for Grades 1 - 12
February 3, 1999
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

Document No. 2370
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-30-10
Basic Skills Assessment Program, Minimum Standards of Student Achievement for Grades 1,2,3,6 and 8 (Repeal)
February 3, 1999
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

Document No. 2371
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-30-10, et seq.
Basic Skills Assessment Program, Minimum Standards of Student Achievement for Reading and Mathematics in Grades 11 (Repeal)
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

Document No. 2385
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Persons Required to Hold a Teaching License
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

Document No. 2386
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Requirements for Licensure
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

Document No. 2387
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Acceptable Credits
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

Document No. 2388
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Education Programs
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

Document No. 2389
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Student Teaching
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

Document No. 2390
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Required Examinations
Received by Speaker of the House of Representatives February 8, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 8, 1999

REPORT OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

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 and Hayes: 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.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

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

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.

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 Noon on Wednesday, February 17, 1999.

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 427 (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 LEWISVILLE HIGH SCHOOL CHEERLEADING SQUAD ON THEIR NINTH CONSECUTIVE STATE CHAMPIONSHIP WIN.
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. 428 (Word version) -- Senator Short: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EDWARD HOOD DAWSON OF CHESTER AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 431 (Word version) -- Senators Fair and Giese: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY 18, 1999, AS "CHRISTIAN BLIND MISSION INTERNATIONAL DAY" IN SOUTH CAROLINA IN OBSERVANCE OF THE HISTORIC "VISION 2020" INITIATIVE ON BEHALF OF MILLIONS OF NEEDLESSLY BLIND PERSONS WORLDWIDE IN AN EFFORT TO RID THE WORLD OF AVOIDABLE BLINDNESS BY THE YEAR 2020.

Whereas, the United States arm of Christian Blind Mission International is located in Greenville and is one of the world's leading providers of eye care services and programs to the poor and disabled across the globe; and

Whereas, Christian Blind Mission International is the principal participant in a coalition of worldwide organizations to create the "Vision 2020" initiative to be launched on February 18, 1999; and

Whereas, Christian Blind Mission International's tireless work in eradicating avoidable blindness throughout the world is a truly worthwhile cause and is deserving of support; and

Whereas, we do well to acknowledge Christian Blind Mission International for its charitable and generous work with the destitute in the United States and across the globe; and

Whereas, it is fitting and proper to recognize, in a special manner, the birth of the "Vision 2020" initiative and, thereby, Christian Blind Mission International's tireless work to rid the world of avoidable blindness by the year 2020. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates February 18, 1999, as "Christian Blind Mission International Day" in South Carolina in observance of the historic "Vision 2020" initiative on behalf of millions of needlessly blind persons worldwide in an effort to rid the world of avoidable blindness by the year 2020.

Be it further resolved that a copy of this resolution be forwarded to Alan Harkey, President, Christian Blind Mission International, 450 East Park Avenue, Greenville, South Carolina 29601.
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. 473 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO HONOR MR. MAURICE LEE LONG, A STELLAR EXAMPLE OF SOUTH CAROLINA'S EXCEPTIONAL CITIZENRY, ON THE OCCASION OF HIS BIRTHDAY AND RETIREMENT.
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:

H. 3480 (Word version) -- Reps. Stuart, Sandifer, Neilson, Keegan, Clyburn, Kelley, Edge, Delleney, Cotty, Bailey, Witherspoon, Miller and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3495 SO AS TO ENACT THE "STATE INCOME TAX CREDIT INCENTIVE FOR INVESTMENT IN QUALIFIED SCHOOL-TO-WORK PROGRAMS ACT", PROVIDING A CREDIT AGAINST THE CORPORATE INCOME TAX FOR A PORTION OF THE TOTAL QUALIFIED INVESTMENT OF A BUSINESS OR AN INDUSTRY FOR HIRING A STUDENT IN A PUBLIC SECONDARY EDUCATION "SCHOOL-TO-WORK" PROGRAM.
Referred to Committee on Ways and Means

H. 3481 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO NONMOTORIZED VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2219, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3482 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED USES OF REVENUES FROM THE LOCAL HOSPITALITY TAX, SO AS TO CLARIFY THAT THE USE OF THESE REVENUES FOR CULTURAL, RECREATIONAL, OR HISTORIC FACILITIES IS LIMITED TO SUCH FACILITIES SUBSTANTIALLY USED OR VISITED BY TOURISTS.
Referred to Committee on Ways and Means

H. 3483 (Word version) -- Reps. McGee, McKay, Knotts, Whatley, Clyburn, Townsend, Battle, Allen, Simrill, Ott, M. Hines, Cobb-Hunter, Gourdine, Koon, Gilham, Dantzler, Jennings, Rice, Kennedy, Maddox, T. Brown, Riser, R. Smith, Robinson, Harvin, Woodrum, Taylor, Hawkins, Rutherford, Lucas, M. McLeod, Klauber and Quinn: A BILL TO AMEND SECTIONS 12-36-90, 12-36-110, AND 12-36-2120, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND EXEMPTIONS FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXEMPT BUILDING MATERIALS PURCHASED BY A NONPROFIT TAX EXEMPT ENTITY EXCLUSIVELY ORGANIZED AND OPERATED IN BUILDING AND SELLING SINGLE FAMILY HOUSES TO SELECTED BUYERS TO PROMOTE HOME OWNERSHIP AND TO EXCLUDE FROM THE DEFINITIONS OF "GROSS PROCEEDS OF SALE" AND "RETAIL SALE" THESE ITEMS WHEN WITHDRAWN FROM INVENTORY AND DONATED TO AN ENTITY TO WHICH THE ITEMS COULD BE SOLD SALES TAX EXEMPT.
Referred to Committee on Ways and Means

H. 3484 (Word version) -- Reps. Jennings, M. McLeod, Bailey, J. Smith, Pinckney, Neilson, G. Brown, Miller, Webb, Wilder, Sandifer, Hayes, Clyburn, Barfield, Riser, Emory, Neal, Lucas, Witherspoon, Harvin, W. McLeod, Woodrum, Delleney, Knotts, Rutherford, Harris, Lloyd, T. Brown and Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-755 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO DEVISE AND IMPLEMENT A PLAN REVISING THE PRESCRIPTION DRUG BENEFIT FOR STATE HEALTH INSURANCE PLAN MEMBERS FROM THE REIMBURSEMENT METHOD TO A COPAYMENT METHOD.
Referred to Committee on Ways and Means

H. 3485 (Word version) -- Reps. J. Brown, Lloyd, Clyburn, Neal, Howard, Canty, Rutherford, Maddox and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-268 SO AS TO PROVIDE THAT NO HEALTH INSURANCE POLICY OR CONTRACT MAY EXCLUDE THE RIGHT OF ASSIGNMENT OF BENEFITS TO A NONPARTICIPATING PROVIDER AT THE SAME BENEFIT RATE AS PAID TO A PARTICIPATING PROVIDER.
Referred to Committee on Labor, Commerce and Industry

H. 3486 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 14-17-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SIGNATURE OF THE CLERK OF COURT ON ALL PROCESSES AND JUDGMENTS, SO AS TO REQUIRE THE CLERK OF COURT TO DOCUMENT THE SOCIAL SECURITY NUMBERS OF THE PARTIES TO THE ACTION ON THE JUDGMENT; TO AMEND SECTION 15-35-520, RELATING TO ENTRIES IN THE ABSTRACT OF JUDGMENTS, AND SECTION 15-35-540, RELATING TO THE DOCKETING OF JUDGMENTS WITH CLERKS OF OTHER COUNTIES, SO AS TO PROVIDE IN BOTH SECTIONS THAT THE SOCIAL SECURITY NUMBERS OF THE PARTIES BE ENTERED ON THE JUDGMENTS; TO AMEND SECTION 22-3-300, RELATING TO FILING AND DOCKETING JUDGMENTS OF THE MAGISTRATES, SO AS TO PROVIDE THAT SOCIAL SECURITY NUMBERS OF THE PARTIES BE ENTERED ON THE JUDGMENTS.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 3487 (Word version) -- Reps. Miller and Harvin: A HOUSE RESOLUTION EXPRESSING THE COMMITMENT OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CONTINUED SUPPORT AND ENCOURAGEMENT OF LOCAL ECONOMIC DEVELOPMENT AND, IN KEEPING WITH THAT COMMITMENT, MEMORIALIZING THE FEDERAL GOVERNMENT TO MAINTAIN THE CURRENT DEPTH OF THE PORT OF GEORGETOWN AND TO INITIATE ADDITIONAL STUDY AS TO THE FEASIBILITY AND DESIRABILITY OF DEEPENING THE PORT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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.
Carnell                Cato                   Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Koon                   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
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith D.               Smith F.
Smith R.               Taylor                 Trotter
Vaughn                 Walker                 Webb
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 9.

Elsie Stuart                           James Law
Timothy Wilkes                         Steve Lanford
Daniel Tripp                           James E. Smith, Jr.
C. Anthony Harris                 Harry Askins
Ronald Townsend                   Jackson Whipper
Lynn Seithel                           James Klauber
Jerry Govan
Total Present - 114

LEAVE OF ABSENCE

The SPEAKER granted Rep. CAMPSEN a leave of absence for the day due to pressing out of town business.

DOCTOR OF THE DAY

Announcement was made that Dr. J. Capers Hiott of Sumter 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. 3082 (Word version)
Date:         ADD:
02/9/99         HAYES

CO-SPONSOR ADDED

Bill Number:     H. 3135 (Word version)
Date:         ADD:
02/9/99         TRIPP

CO-SPONSOR ADDED

Bill Number:     H. 3356 (Word version)
Date:         ADD:
02/9/99         MCGEE

CO-SPONSOR ADDED

Bill Number:     H. 3219 (Word version)
Date:         ADD:
02/9/99         WALKER

CO-SPONSOR ADDED

Bill Number:     H. 3219 (Word version)
Date:         ADD:
02/9/99         TOWNSEND

SPECIAL PRESENTATION

Rep. H. BROWN presented to the House the South Carolina State Ports Authority Chairman William L. Bethea, Jr., President Bernard S. Groseclose, Jr. and other board members recognizing the outstanding service the Ports Authority has contributed to the economy of this State.

H. 3471 - COMMITTED

The following Bill was taken up:

H. 3471 (Word version) -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO OF BAMBERG COUNTY, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS MAY PARTICIPATE IN THE SCHOOL DISTRICTS' STAFF INSURANCE PROGRAM AND RECEIVE FRINGE BENEFITS OFFERED TO SCHOOL DISTRICT EMPLOYEES IN ADDITION TO RECEIVING THEIR ANNUAL SALARY.
Rep. QUINN moved to commit the Bill to the Committee on Ways and Means, which was agreed to.

H. 3181 -- REQUESTS FOR DEBATE

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.

Rep. HARRISON proposed the following Amendment No.2 (Doc Name COUNCIL\GGS\AMEND\22162CM99).
Amend the bill, as and if amended, Section 4, beginning on page 2 and ending on page 3, by striking Section 4 in its entirety and inserting:
/ SECTION     4.     Section 24-27-300 of the 1976 Code, as added by Act 455 of 1996, is amended to read:

"Section 24-27-300.     The court may hold a prisoner in contempt of court if it finds that the prisoner has, on three or more prior occasions, while incarcerated, brought in a court of this State a civil action or appeal pertaining to his incarceration, or apprehension, or filed a civil action or appeal against a victim or witness in connection with a crime the prisoner has been convicted of, whether or not he is incarcerated for that crime, that was dismissed prior to before a hearing on the merits on the grounds that the action or appeal was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of great bodily injury, as defined by Section 56-5-2945, at the time of the filing of the present action or appeal, the prisoner shall must not be held in contempt. The court may sentence the prisoner to a term of imprisonment not exceeding one year for this contempt to be served consecutively to any terms of imprisonment previously imposed. The Department of Corrections shall maintain a data base of all prisoners who file civil actions in order to identify prisoners who file multiple lawsuits. The Insurance Reserve Fund also shall maintain a data base of prisoners who file civil actions against its insureds. The data base shall include both state and federal lawsuits, and shall include the disposition of each action and the reasons for the disposition. Each clerk of court shall maintain a list of all lawsuits filed by prisoners at both county and state correctional facilities. At the end of each calendar year, each clerk of court shall forward that list to the Department of Corrections and the Insurance Reserve Fund. Both agencies shall include relevant information in its data base. Whenever it appears that a prisoner has violated a provision of this section, the Department of Corrections or the Insurance Reserve Fund shall notify the appropriate clerk of court and the Attorney General of the violation." /
Amend title to conform.

Rep. HAWKINS explained the amendment.

Reps. F. SMITH, W. MCLEOD, SCOTT, NEAL, JENNINGS, LLOYD, GOURDINE, PINCKNEY, MACK, CLYBURN, M. HINES, MCGEE, WOODRUM, STUART, HAWKINS, KNOTTS, INABINETT, WHIPPER, BREELAND, R. SMITH, PARKS and J. BROWN requested debate on the Bill.

ORDERED TO THIRD READING

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

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 explained the Bill.

H. 3467 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO BOARD NOTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2342, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.

H. 3415--POINT OF ORDER

The following Bill was taken up:

H. 3415 (Word version) -- Reps. Bailey, Walker and Sandifer: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.

POINT OF ORDER

Rep. ROBINSON 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. 3468--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3468 (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 LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO EXAMINATION; SCHEDULING AND GRADING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

POINT OF ORDER

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

H. 3445--POINT OF ORDER

The following Bill was taken up:

H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell and Quinn: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVERALL DEBT LIMIT ON STATE INSTITUTION BONDS.

Rep. CARNELL explained the Bill.

POINT OF ORDER

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

S. 381 -- RECALLED FROM THE SENATE

On motion of Rep. KELLEY, with unanimous consent, the following Concurrent Resolution was ordered recalled from Senate:

S. 381 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE BEACH BY RECOGNIZING IT AS THE CHILDREN'S MUSEUM OF MYRTLE BEACH, SOUTH CAROLINA.

HOUSE TO MEET AT 11:00 A.M. TOMORROW

Rep. SHEHEEN moved that when the House adjourns, it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3450 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION SALUTING OUR DISTINGUISHED COLLEAGUE AND FRIEND IN THE GENERAL ASSEMBLY, THE HONORABLE MOLLY M. SPEARMAN OF SALUDA COUNTY, FOR HER OUTSTANDING LEGISLATIVE SERVICE, AND EXTENDING BEST WISHES TO HER IN HER NEW POSITION AT THE STATE DEPARTMENT OF EDUCATION.

H. 3451 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILBUR L. CAVE OF ALLENDALE COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS OUTSTANDING, DEDICATED SERVICE AS A LEGISLATOR, AND EXTENDING HIM BEST WISHES IN HIS NEW ENDEAVOR.

H. 3472 (Word version) -- Reps. Harvin, G. Brown, M. McLeod and Woodrum: A CONCURRENT RESOLUTION COMMENDING EDWARD H. SEXAUER FOR HIS OUTSTANDING WORK AT SOUTH CAROLINA EDUCATIONAL TELEVISION IN SUMTER AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.

ADJOURNMENT

At 12:53 P.M. the House in accordance with the motion of Rep. TROTTER adjourned to meet at 11:00 A.M. tomorrow.

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