Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, to this altar of prayer we come not to ask for the fruits of our desires, but seeking to put ourselves in such a relationship with You that You can do with us that which is right. Save us from doing with the waiting tasks anything less than the best, from allowing our minds to harbor base thoughts, from failure of self-control and from words spoken in haste. With wide opened eyes may we see You as our Father and our fellow beings as Your children. In that vision may we dream our dreams, fashion our lives, enact our laws. Give us ears to hear constantly the words from Your holy Word: "The Lord is good to those that wait for Him." (Lamentations 3:35) Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. YOUNG moved that when the House adjourns, it adjourn in memory of William C. Bochman, Jr. of Sumter, which was agreed to.
The following was received.
Columbia, S.C., April 22, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 77:
S. 77 -- Senators Holland and Giese: A BILL TO AMEND SECTION 22-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING A CLAIM AND COUNTERCLAIM FROM MAGISTRATES COURT TO THE COURT OF COMMON PLEAS IF A SUCCESSFUL COUNTERCLAIM WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, SO AS TO INCREASE TO FIVE THOUSAND DOLLARS THE AMOUNT OF A COUNTERCLAIM WHICH MAY BE FILED IN MAGISTRATES COURT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following were received and referred to the appropriate committee for consideration.
Document No. 2197
Promulgated By Commission on Higher Education
Statutory Authority: 1976 Code Section 59-103-45
Performance Funding (FY 1997-98)
Received By Speaker April 22, 1997
Referred to House Committee on Ways and Means
120 Day Review Expiration Date August 20, 1997
(Subject to Sine Die Revision)
Document No. 2173
Promulgated By Commission on Higher Education
Statutory Authority: 1976 Code Section 59-103-45
Performance Funding 1998 and Subsequent Years
Received By Speaker April 22, 1997
Referred to House Committee on Ways and Means
120 Day Review Expiration Date August 20, 1997
(Subject to Sine Die Revision)
The following was received.
Document No. 1945
Promulgated By Board of Education
Statutory Authority: 1976 Code Section 59-5-60, 59-13-20, 59-21-720, 59-25-20, 59-25-110, 59-25-150, 59-25-430, 59-26-10, 59-27-10, 59-31-400, 59-63-910, 59-65-230
43-205. Administrative and Professional Personnel Qualifications, Duties and Workloads
Received By Speaker May 22, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date September 19, 1996
Revised April 8, 1997
Revised April 20, 1997
Revised May 12, 1997
Senate Education Committee Requested Withdrawal March 6, 1997
Withdrawn and Resubmitted March 18, 1997
Senate Education Committee Requested Withdrawal April 2, 1997
Withdrawn and Resubmitted April 22, 1997
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3504 -- Reps. Limehouse, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, H. Brown, J. Brown, Byrd, Cato, Chellis, Cotty, Davenport, Felder, Fleming, Harrell, Harvin, J. Hines, Howard, Inabinett, Keegan, Kelley, Kinon, Lanford, Law, Leach, Littlejohn, Lloyd, Loftis, Mason, McMahand, Miller, Mullen, Quinn, Rhoad, Rice, Riser, Rodgers, Seithel, Sharpe, F. Smith, R. Smith, Spearman, Stille, Tripp, Vaughn, Whatley, Whipper, Wilder, Witherspoon and Young: A BILL TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-270, AS AMENDED, RELATING TO THE RECEIPT, DEPOSIT, AND USE OF FEES RECEIVED UNDER THE COASTAL FISHERIES LAWS, SO AS TO FURTHER PROVIDE FOR SUCH RECEIPT, DEPOSIT, AND USE; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO EXEMPT FISHERMEN FISHING FOR CRABS WITH ANY GEAR OTHER THAN A WIRE TRAP OR POT.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3112 -- Rep. Byrd: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 125 TO ENACT THE OSTEOPOROSIS PREVENTION, TREATMENT, AND EDUCATION ACT SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3801 -- Reps. Wilkins, F. Smith, Loftis, Haskins, Cato, Tripp, Hamilton, Vaughn, Easterday, McMahand, Rice and Leach: A BILL TO AMEND SECTION 9-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE PENSION FUND FOR MUNICIPAL FIREMEN, SO AS TO CHANGE THE COMPOSITION OF THE BOARD.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 358 -- Senator Bryan: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3652 -- Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Easterday, Edge, Miller, Witherspoon, Boan, Hamilton, Harrell, Mack, Hawkins, Battle and Jennings: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 359 -- Senator Giese: A BILL TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4067 -- Rep. Sharpe: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS AND PROPOSE FOR RATIFICATION TO THE STATES AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO RETAIN THE EXISTING NATIONAL AMBIENT AIR QUALITY STANDARDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4068 -- Rep. Townsend: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THOSE "SOUTH CAROLINA SEMESTER PROGRAM" STUDENTS WHO SERVED SO EFFECTIVELY AS LEGISLATIVE INTERNS IN THE HOUSE OF REPRESENTATIVES, THE SENATE, AND THE GOVERNOR'S OFFICE DURING THE 1997 LEGISLATIVE SESSION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4069 -- Reps. Koon, Barrett, Stuart, Spearman, Knotts, Bauer, Carnell, Stille, Riser, Gamble, Klauber and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-705 SO AS TO DESIGNATE SANDLAPPER, THE MAGAZINE OF SOUTH CAROLINA, AS THE OFFICIAL MAGAZINE OF THE STATE.
Referred to Committee on Judiciary.
S. 40 -- Senators J. Verne Smith, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5655 SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS OF CLIENTS AND POTENTIAL CLIENTS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN DIVISION, OFFICE OF THE GOVERNOR, AND TO PROVIDE EXCEPTIONS AND PENALTIES; AND TO REPEAL SECTION 20-7-5630 RELATING TO THE ADVISORY COUNCIL TO THE CONTINUUM OF CARE DIVISION.
Referred to Committee on Judiciary.
S. 377 -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS.
Referred to Committee on Judiciary.
S. 456 -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE AND MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION.
Referred to Committee on Judiciary.
S. 483 -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
S. 577 -- Senators Fair, Holland, Bryan, Moore, McConnell, Glover and Courtney: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A PILOT CHILD PROTECTIVE SERVICES SYSTEM IN ONE REGION OF THE STATE WHICH ALLOWS THE DEPARTMENT TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT; TO ESTABLISH THE PROCEDURES UNDER WHICH THE DEPARTMENT SHALL OPERATE THIS PILOT; TO REQUIRE THE DEPARTMENT TO REPORT TO THE HOUSE AND SENATE JUDICIARY COMMITTEES ON THE EFFECTIVENESS OF THE PILOT; AND TO PROVIDE FOR THE TERMINATION OF THE PILOT.
Referred to Committee on Judiciary.
S. 651 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOMES; PRACTICES IN THE INDUSTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 652 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO PROXIMATE AUDIENCE PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2061, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4070 -- Rep. Kelley: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MYRTLE BEACH HIGH SCHOOL "LADY SEAHAWKS" BASKETBALL TEAM AND THEIR COACHES ON AN EXCEPTIONAL SEASON AND ON WINNING THE 1996-97 CLASS AAA GIRLS STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. KELLEY, with unanimous consent, the following was taken up for immediate consideration.
H. 4071 -- Rep. Kelley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MYRTLE BEACH HIGH SCHOOL "LADY SEAHAWKS" BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, APRIL 30, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1996-97 CLASS AAA GIRLS STATE BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Myrtle Beach High School "Lady Seahawks" Basketball Team, coaches, and other school officials on Wednesday, April 30, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1996-97 Class AAA Girls State Basketball Championship.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Cato Cave Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Haskins Hawkins Hines, J. Hinson Hodges Howard Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Mullen Neal Parks Phillips Pinckney Quinn Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 23.
James L.M. Cromer, Jr. Lynn Seithel Mack T. Hines C. Alex Harvin III Ralph W. Canty Bessie Moody-Lawrence Douglas Jennings, Jr. Harry R. Askins Denny W. Neilson Bill Cotty James S. Klauber Jerry N. Govan, Jr. William D. Boan Marion P. Carnell
DOCTOR OF THE DAY
Announcement was made that Dr. Stanley C. Baker of Greenwood is the Doctor of the Day for the General Assembly.
Rep. ALLISON presented to the House the 1996 Miss South Carolina, Angela Michelle Phillips and the 1997 Miss South Carolina contestants.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3174 -- Reps. Knotts and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR THE ISSUANCE OF "CHARTER LIMOUSINE" LICENSE PLATES.
H. 3328 -- Rep. Sharpe: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE DESIGNATION OF THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO PROVIDE FOR THE TOTAL AVERAGE WEEKLY WAGE OF MEMBERS OF ORGANIZED VOLUNTEER HAZARDOUS MATERIALS-SPILL RESPONSE TEAMS AND TO PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
H. 3628 -- Reps. Kelley, Harrison, Davenport, Allison, Keegan and Hodges: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION BY ADDING ARTICLE 5 SO AS TO REQUIRE THAT THE NAME OF A DEFENDANT CONVICTED FOR AN OFFENSE BASED ON CHILD SEXUAL OR PHYSICAL ABUSE BE ENTERED IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT MAINTAINED BY THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE PROCEDURES FOR ENTERING THE NAME OF A PERPETRATOR IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO CHILD ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO REQUIRE THE NAME OF A PERPETRATOR OF SUCH ABUSE OR NEGLECT IMMEDIATELY TO BE ENTERED ON THE CENTRAL REGISTRY UPON A FINDING OF THE ABUSE OR NEGLECT AND TO PROVIDE NOTICE REQUIREMENTS AND PROCEDURES FOR APPEAL; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO REVISE THE PROCEDURES FOR MAINTAINING INFORMATION ON THE REGISTRY.
H. 3677 -- Rep. Klauber: A BILL TO AMEND CHAPTER 1, TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER BY DELETING CERTAIN LANGUAGE AND PROVISIONS, ADDING NEW PROVISIONS, AND PROVIDING, AMONG OTHER THINGS, FOR DEFINITIONS FOR THE TERMS "FEDERAL COVERED ADVISER" AND "FEDERAL COVERED SECURITY", THAT INVESTIGATIVE RECORDS AND COMPLAINTS FILED WITH THE SECURITIES COMMISSIONER ARE NOT CONSIDERED PUBLIC INFORMATION BUT ISSUED ORDERS, INCLUDING CERTAIN COMPLAINTS, ARE CONSIDERED PUBLIC RECORDS, THAT CERTAIN BROKER-DEALERS ARE EXEMPT FROM THE LICENSING REQUIREMENTS OF SECTION 35-1-410, THAT CERTAIN ACTIVITY IS UNLAWFUL, THAT EVERY INVESTMENT ADVISER REGISTRATION OR NOTICE FILING EXPIRES TWO YEARS FROM ITS EFFECTIVE DATE UNLESS RENEWED, THAT REGISTRATION OF AN INVESTMENT ADVISER AUTOMATICALLY CONSTITUTES REGISTRATION OF ANY INVESTMENT ADVISER REPRESENTATIVE WHO IS A PARTNER, OFFICER, OR DIRECTOR OR A PERSON OCCUPYING A SIMILAR STATUS OR PERFORMING SIMILAR FUNCTIONS, FOR CHANGES IN CERTAIN FEES, THAT THE SECURITIES COMMISSIONER MAY REQUIRE, WITH RESPECT TO INVESTMENT ADVISERS, THAT CERTAIN INFORMATION BE FURNISHED OR DISSEMINATED AS NECESSARY OR APPROPRIATE IN THE PUBLIC INTEREST OR FOR THE PROTECTION OF INVESTORS AND ADVISORY CLIENTS, FOR NOTICE FILINGS FOR FEDERAL COVERED SECURITIES, THAT UNLESS PROHIBITED BY RULE OR ORDER OF THE SECURITIES COMMISSIONER, AN INVESTMENT ADVISER REGISTERED UNDER THE INVESTMENT ADVISERS ACT OF 1940 MAY TAKE OR RETAIN CUSTODY OF SECURITIES OR FUNDS OF A CLIENT, AND THAT THE SECURITIES COMMISSIONER MAY REFER AVAILABLE EVIDENCE CONCERNING VIOLATIONS OF THIS CHAPTER OR OF ANY RULE OR ORDER UNDER THIS CHAPTER TO THE APPROPRIATE DIVISION OF THE ATTORNEY GENERAL'S OFFICE OR OTHER APPROPRIATE PROSECUTION, LAW ENFORCEMENT, OR LICENSING AUTHORITIES WHO MAY INSTITUTE THE APPROPRIATE PROCEEDINGS UNDER THIS CHAPTER.
H. 3408 -- Rep. D. Smith: A BILL TO AMEND SECTION 17-22-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION APPLICATION AND PARTICIPATION FEES, SO AS TO INCREASE THE APPLICATION FEE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS AND TO INCREASE THE AGGREGATE FEES FOR APPLICATION AND PARTICIPATION FROM THREE HUNDRED DOLLARS TO THREE HUNDRED FIFTY DOLLARS.
H. 3607 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991 AND THE STATE SOLID WASTE ADVISORY COUNCIL, SO AS TO, AMONG OTHER THINGS, INCREASE THE MEMBERSHIP OF THE COUNCIL, PROVIDE FOR VARIOUS TERMS OF OFFICE, AND DELETE THE PROVISION REGARDING EXPIRATION OF THE EXISTENCE OF THE COUNCIL; TO AMEND SECTION 44-96-100, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ISSUE AN ORDER REQUIRING COMPLIANCE WITH A REGULATION OR BRING A CIVIL ACTION FOR INJUNCTIVE RELIEF OR REQUEST THE ATTORNEY GENERAL TO BRING CIVIL OR CRIMINAL ENFORCEMENT ACTION UNDER CERTAIN CIRCUMSTANCES, THAT THE DEPARTMENT MAY IMPOSE CERTAIN CIVIL PENALTIES, AND THAT WILFUL VIOLATION OF CERTAIN REGULATIONS IS A MISDEMEANOR; AND TO AMEND SECTIONS 44-96-400, 44-96-410, AND 44-96-420, RELATING TO THE SOLID WASTE POLICY AND MANAGEMENT ACT AND PROVISIONS GOVERNING WASTE MANAGEMENT, SO AS TO DELETE REFERENCE TO "ARTICLE" AND SUBSTITUTE "CHAPTER" THEREFOR.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. SHARPE having the floor.
H. 3619 -- Rep. Wilkes: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE MURRAY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, SO AS TO MAKE SUCH PROVISIONS APPLICABLE TO LAKE WATEREE.
Rep. WILKES moved to adjourn debate upon the Bill until Thursday, April 24, which was adopted.
The following Bill was taken up.
H. 3968 -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.
Reps. WHIPPER, SCOTT, MOODY-LAWRENCE, MACK, McLEOD and LLOYD requested debate on the Bill.
The following Bill was taken up.
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
Reps. CATO, YOUNG-BRICKELL, CAMPSEN, MEACHAM, WHIPPER, CHELLIS, HINSON, DANTZLER and WILDER requested debate on the Bill.
The following Bill was taken up.
H. 3623 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE STATE'S SOLID WASTE POLICY, SO AS TO DISTINGUISH BETWEEN "COLLECTION", "DISPOSAL", "PROCESSING", AND "RECYCLING" AS APPLIED TO FACILITIES MANAGING WASTE TIRES; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO WASTE TIRES, SO AS TO INCLUDE DISTINCTIONS AMONG WASTE TIRE MANAGEMENT, TO PROVIDE FOR A TIPPING FEE ON OVERSIZE WASTE TIRES, TO REFINE THE RETAILER-WHOLESALER REFUND PROGRAM, TO REVISE REQUIREMENTS AND PRIORITIES FOR USE OF GRANT FUNDS FROM THE WASTE TIRE TRUST FUND, TO UPDATE REFERENCES TO THE OFFICE OF THE GOVERNOR AND THE SOLID WASTE ADVISORY COUNCIL, AND TO REQUIRE RECORDKEEPING AND REPORTING BY WASTE TIRE FACILITIES.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9359JM.97), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION to read:
/SECTION ____. Section 44-96-40(14) of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"(14) 'For hire motor carrier' means those motor carriers transporting persons or property over any improved public highway under a rate, fare, or charge established and approved by the Public Service Commission for such transportation services available to the public and does not include or apply to businesses and vendors operating their own motor carriers to transport persons or property for their own internal business operations any company operating a fleet of vehicles used exclusively in the transportation of freight for compensation."/
Amend further, SECTION 2, by striking Section 44-96-170(L)(N), as contained on lines 28 through 42 on page 4 and lines 1 through 15 on page 5, and inserting:
/"(L)(N) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per new tire with a DOT number sold to the ultimate consumer, whether the tire is mounted by the seller or not. The wholesaler or retailer receiving new tires from unlicensed wholesalers shall be responsible for the fee imposed by this section. The Department of Revenue and Taxation shall administer, collect, and enforce the tire disposal recycling fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. The fee imposed by this section must be remitted on a monthly basis. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer shall establish a separate and distinct account from the state general fund. The State Treasurer shall distribute one and one-half dollars of each tire sold to each county based upon the population in each county according to the most recent United States Census. The county shall use these funds for collection, processing, or recycling and disposal of waste tires generated within that county the State. The remaining portion of the tire disposal recycling fee is to be credited to the Solid Waste Management Trust Fund by the State Treasurer for the Waste Tire Grant Trust Fund, which is established under the administration of the South Carolina Department of Health and Environmental Control. The General Assembly shall review the waste tire disposal recycling fee every five years."/
Amend further, SECTION 2, by striking Section 44-96-170(M)(O), as contained on lines 16 through 39 on page 5, and inserting:
/"(M)(O) A wholesaler or retailer required to submit a fee under subsection (L) (N) who delivers or arranges delivery of waste tires to:
(1) a permitted or approved waste tire disposal recycling facility, or
(2) a permitted or approved waste tire processing facility which processes waste tires before recycling, may apply for a refund of one dollar per tire delivered. If waste tires generated in South Carolina, on which a fee has been paid, are delivered to a waste tire facility located outside this State, a wholesaler or retailer may apply for a refund of one dollar per tire delivered if the receiving facility is permitted or approved by the host state as a waste tire recycling facility or a waste tire processing facility which processes waste tires before recycling. In no case may a refund be approved for a number of tires delivered in excess of the number of new tires sold by the individual wholesaler or retailer. Verification must be provided as required by the South Carolina State Department of Revenue and Taxation. A for hire motor carrier which purchases new tires from a wholesaler or retailer and who manages waste tires generated in the course of its normal operations in a manner consistent with this subsection shall receive a refund of one dollar per tire from the wholesaler or retailer. The refund must be deducted by the wholesaler or retailer from the fee required under subsection (N) of this section, provided the for hire motor carrier provides documentation to the wholesaler or retailer that the waste tires have been managed in accordance with this subsection. Any All refund refunds made pursuant to this subsection must be charged against the appropriate county's distributions under subsection (L) (N).
The department shall develop a list of permitted waste tire recycling or processing facilities which meet the requirements of this act. A tire retailing business offering new tires for sale must accept, at the point of transfer or within thirty days from the sale of a new tire, an equal number of waste tires from the customer."/
Renumber sections to conform.
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SHARPE moved to adjourn debate upon the following Bill until Tuesday, April 29, which was adopted.
H. 3771 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-2-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND USES OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND SO AS TO CLARIFY THAT THE SUPERB FINANCIAL RESPONSIBILITY FUND CAN PAY CLAIMS DIRECTLY, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S INTERVENTION COSTS NOT AFFECT THE PER OCCURRENCE COVERAGE AMOUNTS, AND TO CLARIFY THAT, AS ACCOUNT AND FUND ADMINISTRATORS, THE STATE AND DEPARTMENT DO NOT ASSUME ADDITIONAL LIABILITY WHEN FUNDING IS INSUFFICIENT; TO AMEND SECTION 44-2-50, AS AMENDED, RELATING TO UNDERGROUND STORAGE TANK REQUIREMENTS SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS, TO AMEND SECTION 44-2-60, AS AMENDED, RELATING TO REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO REQUIRE AN ANNUAL REGISTRATION FEE FOR REGULATED TANKS, TO AUTHORIZE THE DEPARTMENT TO ASSESS PENALTIES FOR LATE FEES AND TO PROHIBIT THE DEPARTMENT FROM DISBURSING MONIES FROM THE SUPERB ACCOUNT OR SUPERB FINANCIAL RESPONSIBILITY FUND TO OWNERS OR OPERATORS WHO OWE FEES OR PENALTIES; TO AMEND SECTION 44-2-80, AS AMENDED, RELATING TO RELEASE OF REGULATED SUBSTANCES, SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS; AND TO AMEND SECTION 44-2-140, RELATING TO ENFORCEMENT OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ENFORCE THE ACT AND TO AUTHORIZE THE DEPARTMENT TO SUSPEND THE DISPENSING OF A PETROLEUM PRODUCT FROM TANKS THAT POSE AN IMMINENT HAZARD.
The following Bill was taken up.
H. 3807 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
The Agricultural, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20512SD.97).
Amend the bill, as and if amended, in Section 50-11-310 of the 1976 Code, as contained in SECTION 2, by striking subsection (D) which begins on line 1, page 3, and inserting:
/(D) In Game Zones 1, 2, and 4, the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 24, which was adopted.
The following Bill was taken up.
H. 3647 -- Reps. Battle, Jennings, Whipper, Sheheen, Chellis, Bailey, Gourdine, Barfield, F. Smith, Harvin, J. Brown, Miller, M. Hines, Kinon, Mason, Edge, McMahand, Witherspoon and Baxley: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF NONGAME FISH AND BAIT WHICH MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO FURTHER PROVIDE FOR THE RIVERS WHERE LIVE NONGAME FISH MAY BE USED WITH CERTAIN SET HOOKS AND TO CHANGE THE SIZE OF THE SINGLE-BARBED SET HOOKS WITH WHICH LIVE NONGAME FISH MAY BE USED ON THESE RIVERS.
Rep. MILLER proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20565SD.97), which was adopted.
Amend the bill, as and if amended, in Section 50-13-1187(B) of the 1976 Code, as contained in SECTION 1, by inserting after /Edisto,/ on line 27, page 1, /Black, Sampit,/
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER explained the amendment.
The amendment was then adopted.
Rep. WITHERSPOON explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 360 -- Senators Drummond, Bryan, Giese and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-5-55 SO AS TO ESTABLISH THE DRINKING WATER REVOLVING LOAN FUND AND PROVIDE FOR THE MANNER IN WHICH IT MUST BE ADMINISTERED; TO AMEND ACT 513 OF 1992, RELATING TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO BRING THIS STATE'S LAWS INTO COMPLIANCE WITH THE 1996 AMENDMENTS TO THE SAFE DRINKING WATER ACT, TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, SECTION 1452, TITLE 42, UNITED STATES CODE, AND BY ADDING AN APPROPRIATE LEGISLATIVE FINDING; TO AMEND SECTION 48-5-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FUND" TO "CLEAN WATER FUND", ADD A DEFINITION FOR "DRINKING WATER FUND" AND "SAFE DRINKING WATER ACT", AND CHANGE THE DEFINITION OF "PROJECT"; TO AMEND SECTION 48-5-40, RELATING TO THE POWERS OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, SO AS TO ADD ADDITIONAL POWERS INCLUDING THE AUTHORIZATION TO ESTABLISH ACCOUNTS FOR THE DEPOSIT OF PORTIONS OF GRANTS; TO AMEND SECTION 48-5-50, RELATING TO THE CONTINUED EXISTENCE OF THE FUND PREVIOUSLY CREATED PURSUANT TO CHAPTER 6 OF TITLE 48, SO AS TO CLARIFY THE NAME OF THE FUND AS BEING THE CLEAN WATER FUND; TO AMEND SECTION 48-5-60, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS UNDER THE ACT, SO AS TO ADD REFERENCE TO THE SAFE DRINKING WATER ACT AND AUTHORIZE THE ESTABLISHMENT OF ACCOUNTS AND THE DEPOSITING IN THEM PORTIONS OF FEDERAL GRANTS AUTHORIZED BY THE SAFE DRINKING WATER ACT; AND TO AMEND SECTION 48-5-160, RELATING TO REPORTING REQUIREMENTS OF THE AUTHORITY TO THE GOVERNOR, GENERAL ASSEMBLY, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SO AS TO ADD THE REQUIREMENT THAT A BIENNIAL REPORT BE MADE TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON THE DRINKING WATER REVOLVING LOAN FUND.
Rep. SHARPE explained the Bill and moved to adjourn debate upon the Bill until Thursday, April 24, which was adopted.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
S. 517 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL LIBRARIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of two Concurrent Resolutions adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3946 -- Reps. Stoddard, Phillips, Littlejohn and Inabinett: A CONCURRENT RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, APRIL 23, 1997, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, COASTAL CAROLINA UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1997 OR WHOSE OFFICES OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The President recognized Rep. STODDARD, Chairman of the Joint Screening Committee.
The President announced that nominations were in order for the First Congressional District, Seat 2.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated Mr. Delan Stevens had been screened, found qualified, and placed his name in nomination.
Rep. KELLEY requested a roll call vote on the election of Mr. Stevens.
The President then announced that the Senators and Representatives in favor of the election of Mr. Stevens would vote yes, and that the Senators and Representatives against the election of Mr. Stevens would vote no.
The following named Senators voted yes:
Alexander Anderson Bryan Cork Courson Courtney Drummond Giese Gregory Hayes Hutto Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Ryberg Saleeby Setzler Short Thomas Washington Williams Wilson
The following named Senators voted no:
On motion of Rep. ROBINSON, the Members of the House voted by electronic roll call.
The following named Representatives voted yes:
Askins Battle Breeland Felder Harrell Hines, J. Hines, M. Jennings Kennedy Kinon Klauber Limehouse Littlejohn Lloyd Loftis Miller Rice Sheheen Spearman Stoddard Tripp Walker Witherspoon Woodrum
The following named Representatives voted no:
Allison Altman Barfield Barrett Beck Bowers Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Cave Cooper Cotty Cromer Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrison Harvin Haskins Hawkins Hinson Hodges Howard Jordan Keegan Kelley Kirsh Knotts Koon Lanford Law Leach Lee Limbaugh Mack Maddox Mason McCraw McKay McLeod McMahand McMaster Meacham Mullen Neal Neilson Parks Phillips Quinn Robinson Rodgers Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Townsend Trotter Whatley Whipper
Total Number of Senators voting 34
Total Number of Representatives voting 95
Grand Total 129
Necessary to a choice 65
Of which Mr. Stevens received 58
Whereupon, the President announced that having failed to receive the necessary vote, Mr. Stevens was not elected.
Rep. STODDARD then announced that filing and screening would reopen today and close next Thursday.
The President announced that nominations were in order for the Second Congressional District, Seat 4.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated Dr. James F. Kane had been screened, found qualified, and placed his name in nomination.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Dr. James F. Kane was duly elected for the term prescribed by law.
The President announced that nominations were in order for the Third Congressional District, Seat 6.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated Mr. William L. Lyles, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. William L. Lyles, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for the Fourth Congressional District, Seat 8.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated Mr. Keith S. Smith had been screened, found qualified, and placed his name in nomination.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Keith S. Smith was duly elected for the term prescribed by law.
The President announced that nominations were in order for the Fifth Congressional District, Seat 10.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated Mr. Robert D. Brown had been screened, found qualified, and placed his name in nomination.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Robert D. Brown was duly elected for the term prescribed by law.
The President announced that nominations were in order for the Sixth Congressional District, Seat 12.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that Mrs. Cathy Harvin had been screened, found qualified, and placed her name in nomination.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mrs. Cathy Harvin was duly elected for the term prescribed by law.
The President announced that nominations were in order for the At-Large District, Seat 14.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated Mr. Dean Hudson had been screened, found qualified, and placed his name in nomination.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Dean Hudson was duly elected for the term prescribed by law.
The President announced that nominations were in order for the At-Large District, Seat 15.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Mr. Joseph O. Burroughs, Jr., Mr. J. Egerton Burroughs, and Mr. Richard Harrington.
Rep. STODDARD stated that Mr. Joseph O. Burroughs, Jr. had withdrawn from the race.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Mr. J.E. Burroughs:
Alexander Anderson Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Gregory Hayes Hutto Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Ravenel Ryberg Saleeby Setzler Short Thomas Washington Williams Wilson
The following named Senators voted for Mr. Harrington:
On motion of Rep. ROBINSON, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. J.E. Burroughs:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
The following named Representatives voted for Mr. Harrington:
Total Number of Senators voting 37
Total Number of Representatives voting 112
Grand Total 149
Necessary to a choice 75
Of which Mr. J. E. Burroughs received 149
Of which Mr. Harrington received 0
Whereupon, the President announced that Mr. J. Egerton Burroughs having received a majority of the votes cast, was duly elected for the term prescribed by law.
The President announced that nominations were in order for the Fifth Congressional District, Seat 5.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Dr. James W. Sanders and Ms. Jannette Henry.
Rep. STODDARD stated that Ms. Jannette Henry had withdrawn from the race.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Dr. James W. Sanders was duly elected for the term prescribed by law.
The President announced that nominations were in order for the Sixth Congressional District, Seat 6.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Mr. Edwin Givens and Ms. Angela G. Brown.
Rep. STODDARD stated that Ms. Angela G. Brown had withdrawn from the race.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Edwin Givens was duly elected for the term prescribed by law.
The President announced that nominations were in order for the At-Large District, Seat 8.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Mr. Stephon Edwards, Mr. Jim Furtick, Mr. Warren Darby, Mrs. Theresa Counts-Davis, and Mr. J. D. Hydrick.
Rep. STODDARD stated that Mrs. Theresa Counts-Davis had withdrawn from the race.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Mr. Edwards:
Alexander Anderson Bryan Courtney Elliott Fair Ford Giese Glover Gregory Jackson Lander Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Ryberg Saleeby Thomas Williams Wilson
The following named Senators voted for Mr. Furtick:
The following named Senators voted for Mr. Darby:
Cork Courson Drummond Hayes Hutto Land Matthews Setzler Short Washington
The following named Senators voted for Mr. Hydrick:
On motion of Rep. ROBINSON, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Edwards:
Altman Barrett Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Cave Clyburn Davenport Delleney Easterday Felder Govan Hamilton Harrell Haskins Hawkins Hines, J. Hinson Howard Jordan Keegan Kelley Klauber Knotts Leach Lee Limehouse Loftis McCraw McMahand McMaster Mullen Neal Rice Rodgers Sandifer Sharpe Simrill Smith, R. Townsend Vaughn Walker Wilkins Young
The following named Representatives voted for Mr. Furtick:
The following named Representatives voted for Mr. Darby:
Askins Bailey Barfield Battle Bauer Beck Bowers Chellis Cobb-Hunter Cotty Cromer Dantzler Edge Fleming Gamble Gourdine Hines, M. Hodges Kennedy Kinon Kirsh Lanford Law Limbaugh Lloyd Mack Maddox Mason McKay McLeod Miller Neilson Parks Phillips Pinckney Riser Scott Seithel Sheheen Smith, J. Spearman Stille Stoddard Stuart Tripp Trotter Webb Whatley Whipper Wilder Young-Brickell
The following named Representatives voted for Mr. Hydrick:
Total Number of Senators voting 40
Total Number of Representatives voting 100
Grand Total 140
Necessary to a choice 71
Of which Mr. Edwards received 79
Of which Mr. Furtick received 0
Of which Mr. Darby received 61
Of which Mr. Hydrick received 0
Whereupon, the President announced that Mr. Stephon Edwards, having received a majority of the votes cast, was duly elected for the term prescribed by law.
I had stepped off of the floor to meet with a constituent and missed the vote on Seat 8 of the S.C. State University Board of Trustees. I wish to be recorded as voting for Stephon Edwards.
Rep. C. ALEX HARVIN III
The President announced that nominations were in order for the At-Large District, Seat 10.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Dr. James A. Boykin, Mr. William Clinkscales, Mr. Ellis Rogers, and Ms. Rhonda Parish.
Rep. STODDARD stated the Dr. James A. Boykin and Ms. Rhonda Parish had withdrawn from the race.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Mr. Clinkscales:
Alexander Anderson Bryan Cork Courson Courtney Drummond Elliott Fair Giese Glover Gregory Hayes Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Ryberg Saleeby Setzler Short Thomas Washington Williams Wilson
The following named Senators voted for Mr. Rogers:
On motion of Rep. ROBINSON, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Clinkscales:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Cato Cave Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
The following named Representatives voted for Mr. Rogers:
Total Number of Senators voting 39
Total Number of Representatives voting 112
Grand Total 151
Necessary to a choice 76
Of which Mr. Clinkscales received 151
Of which Mr. Rogers received 0
Whereupon, the President announced that Mr. William Clinkscales having received a majority of the votes cast, was duly elected for the term prescribed by law.
The President announced that nominations were in order for four At-Large Seats.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Ms. Clotilda D. Diggs, Mr. Russell Hart, Ms. Elizabeth Thrailkill, Ms. Jennalyn Dalrymple, Mr. Dan Smith, and Mr. Robert Moeller.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Ms. Diggs:
Alexander Anderson Bryan Cork Courtney Drummond Elliott Fair Giese Glover Gregory Hayes Hutto Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Ryberg Saleeby Setzler Short Thomas Washington Williams Wilson
The following named Senators voted for Mr. Hart:
Alexander Bryan Courtney Drummond Elliott Gregory Hutto Land Lander Leatherman Leventis Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Saleeby Setzler Short Washington Williams
The following named Senators voted for Ms. Thrailkill:
Alexander Anderson Bryan Cork Courtney Drummond Elliott Fair Giese Glover Gregory Hayes Hutto Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Ryberg Saleeby Setzler Short Thomas Washington Williams Wilson
The following named Senators voted for Ms. Dalrymple:
Anderson Cork Fair Giese Glover Hayes Ravenel
The following named Senators voted for Mr. Smith:
Alexander Anderson Bryan Cork Courtney Drummond Elliott Fair Glover Gregory Hayes Hutto Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Ryberg Saleeby Setzler Short Thomas Washington Williams Wilson
The following named Senators voted for Mr. Moeller:
Giese Ryberg Thomas Wilson
On motion of Rep. ROBINSON, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Diggs:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Mack Maddox Mason McCraw McKay McLeod McMahand McMaster Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Rice Riser Robinson Rodgers Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Trotter Vaughn Walker Webb Whipper Wilder Wilkins Woodrum Young Young-Brickell
The following named Representatives voted for Mr. Hart:
Allison Askins Bailey Barrett Battle Bauer Boan Breeland Brown, H. Chellis Clyburn Dantzler Fleming Gamble Govan Harvin Haskins Hines, M. Hinson Hodges Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Mack McCraw McLeod McMahand Miller Moody-Lawrence Mullen Parks Phillips Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, F. Smith, R. Spearman Stille Stoddard Vaughn Walker Webb Whipper Wilder Wilkins Woodrum Young Young-Brickell
The following named Representatives voted for Ms. Thrailkill:
Allison Altman Askins Bailey Barfield Barrett Battle Beck Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Cave Chellis Clyburn Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Jennings Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Mason McCraw McLeod McMahand McMaster Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, F. Smith, R. Spearman Stoddard Trotter Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
The following named Representatives voted for Ms. Dalrymple:
Barfield Cotty Davenport Harrison Jordan Lee McMaster Neilson Smith, J. Whatley
The following named Representatives voted for Mr. Smith:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Campsen Cave Chellis Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Jennings Jordan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Mack Mason McCraw McKay McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
The following named Representatives voted for Mr. Moeller:
Bauer Beck Brown, J. Byrd Cotty Cromer Jordan Leach Lloyd Loftis McMaster Neal Smith, J. Stille
Total Number of Senators voting 38
Total Number of Representatives voting 99
Grand Total 137
Necessary to a choice 69
Of which Ms. Diggs received 137
Of which Mr. Hart received 92
Of which Ms. Thrailkill received 128
Of which Ms. Dalrymple received 17
Of which Mr. Smith received 134
Of which Mr. Moeller received 18
Whereupon, the President announced that Ms. Clotilda D. Diggs, Mr. Russell Hart, Ms. Elizabeth Thrailkill, and Mr. Dan Smith having received a majority of the votes cast, were duly elected for the term prescribed by law.
I have a doctor's appointment at 12:30 P.M. and had to leave. I would have voted for the incumbent in the Will Lou Gray election, Dan Smith.
Rep. ELSIE RAST STUART
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3510 -- Rep. Jennings: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 23, 1997, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1997 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The 1997 Jean Laney Harris Award Winners were escorted to the rostrum by Senators Williams, Hutto, Matthews, Cork and Mescher and Representatives GOVAN, LAW, RODGERS, SEITHEL and LLOYD.
Lt. Governor Peeler made the following opening remarks:
"It is my honor to present the Speaker of the House, the Honorable David Wilkins."
Speaker WILKINS made the following remarks:
"The South Carolina Folk Heritage Awards were created by the General Assembly to recognize lifetime achievement and excellence in traditional folk arts in South Carolina. During the decade that we have presented these awards in Joint Assembly, we have all gained a better understanding and appreciation of South Carolina's age-old traditions. Through our state's folk artists and their unique skills, we are able to recognize and to reflect upon our cultural similarities and differences. This enhances our sense of identity and our sense of belonging as South Carolinians. Starting this year, this event will be even more special to us because it has been named in honor and memory of our dear friend and colleague, Jean Laney Harris. I will now ask Rep. Doug Jennings, a close friend of the Harris family and sponsor of the legislation which changed the name of the awards, to speak briefly about this tribute to our dear friend, Jean Harris."
Rep. JENNINGS made the following remarks:
"Thank you Mr. Speaker and Mr. President. It gives me great pleasure to participate in this ceremony today on behalf of the Chesterfield County Legislative Delegation and on behalf of the entire House which were co-sponsors of the Resolution to rename these awards in memory of Jean Laney Harris. Today is a very special day for all of us - for our winners and for their friends and family, for our State which takes great pride in these winners and for us as members of the General Assembly who have been given this very special opportunity to honor excellence in our State. We are graced with the presence of these unique and exceptional citizens who exemplify the pure and age-old traditions and culture that our State is all about. Starting this year as the Speaker has just alluded to, we are twice blessed because this wonderful event will now and forever after be an opportunity for us as a General Assembly to fondly remember someone very dear to us in a way that I know she would have cherished. This event symbolizes the true riches of South Carolina for which Jean Harris dedicated herself and worked so hard - our fine people, our age-old traditions and our unique culture. We will always feel the loss of Jean Harris. We will always have a special place in our hearts for her and for her family who honor us with their presence today. Let me introduce you to Jean's son and our soon-to-be new colleague who is seated in her desk - C. Anthony Harris, Jr., as well as her husband Tony and the remaining members of the family, her other three children. If the members of the Harris family who are seated at the back of the Chamber would please stand. . . . Now, Mr. Speaker and members of this Joint Assembly, through the joy of this ceremony and through all the beauty that it represents, we can all celebrate and remember Jean. These special citizens' talent and dedication meant so much to her. She will always be closely identified with this event because it represents the beauty of rural South Carolina and it honors the dedication to and the love of the best of South Carolina's traditions which she held so dear. I can't think of a more appropriate tribute for this fine Southern lady and to be honored by her colleagues in the General Assembly in a ceremony honoring the preservation of the best of South Carolina's cultures and traditions. To the winners this year, I thank you. The General Assembly thanks you and Jean's family and friends thank you for giving us such a meaningful tribute to someone that we love very much. I know that we will all feel her dear presence here today and for years to come as we recognize you and those South Carolinians who will follow you in receiving this high honor. Thank you Mr. Speaker."
Speaker WILKINS made the following remarks:
"We have five winners today that we are going to present to you. A reception honoring these recipients will be held upon adjournment in the Alumni Hall of Distinction located in the first floor Visitors Center at Carolina Plaza. Our 1997 winners were selected by an Awards Advisory Committee whose names are in your program. On behalf of the General Assembly, I thank them for volunteering their time, skill, and interest in making today's ceremony possible. Now, it is my pleasure to introduce this year's winners. First recipient is Marie Brailey. Soon to celebrate her 90th birthday, Marie Brailey has dedicated over forty-five years of service to the art of caning chairs. Having learned from a neighbor who was concerned about her being able to raise a family of five children, she eventually went into business for herself, slowing down only when her eyes began to fail. Luckily, she passed her knowledge to her son, Willie Van Brailey, who fondly recalls passing the midnight hour with his mother to finish a job. Her skill is widely recognized by her community in Orangeburg. The senior citizen center, Mass Production Machinery, private antique dealers, and numerous individuals have asked her to teach her craft. While cane is not a material native to South Carolina, chair caning has been a vocational craft practiced in South Carolina for at least a century. At this time it is our pleasure to recognize and present the Jean Laney Harris Folk Heritage Award to Marie Brailey."
The SPEAKER presented the award to Ms. Marie Brailey.
Speaker WILKINS:
"The second award winner is the couple Ron and Natalie Daise who are the recipients of the 1997 Folk Heritage Advocacy Award. Well known for bringing Gullah culture to national and international television audiences via Nickelodeon's 'Gullah Gullah Island,' the couple has devoted much of the last decade to recovering, performing, and publishing information about the rich history of low-country African Americans. Writer, vocalist, lecturer, and storyteller, Ron Daise is a South Carolina native who, after studying at Hampton Institute, returned home to mine the depths of his own culture in South Carolina. With his wife, who hails from Syracuse, New York, he has tirelessly performed 'Sea Island Montage,' an outgrowth of his 1986 book, Reminiscences of Sea Island Heritage. Drawing on stories culled from oral histories conducted with elderly Sea Island residents, the two perform nearly forgotten spirituals, and tell tales of 'seekin' religion' in the wilderness, of folk medicine belief and of 'the hag'. Strong and effective advocates for the importance of recognizing Gullah language and culture, the Daises have insured that people around the world will know of a corner of our State. Congratulations to Ron and Natalie Daise."
The SPEAKER presented the award to Mr. Ron Daise and Mrs. Natalie Daise.
Speaker WILKINS:
"Our third recipient is Clarence Jackson. He is Moncks Corner's legendary radio personality and master of the dobro guitar. He is being honored for his contribution to the history of country and blue grass music in the State. He remembers well auditioning for and being hired to play his guitar at Sumter's first radio station, WFIG, some fifty-two years ago. Listeners later became so fond of listening to him, they called him 'Uncle Clarence'. His recordings of pure dobro now number thirty-two, a record in itself. This is in addition to the hundreds of traditional country music tunes and the twenty-three guitar instructional videos he has recorded. Having recently come out of retirement to play occasionally in public, listeners find he still has a way with the dobro in songs like 'Clarence's March', 'Silver Threads Among the Gold', and 'Home, Sweet Home'. With Mr. Jackson today are two of his close friends that he wanted beside him to share this honor. They are Ray Thigpen, a music historian and writer, and Al Wall, a guitarist. It is our pleasure now to present to Clarence Jackson the Jean Laney Harris Folk Heritage Award. Congratulations to you Mr. Jackson."
The SPEAKER presented the award to Mr. Clarence Jackson.
Speaker WILKINS:
"Our fourth recipient is Geneva Loewe. A master at her craft, she has been making quilts for forty-five years. She learned to sew pieced and applique quilts from her maternal grandmother, Mary Porcher, who also practiced midwifery in the Awendaw area of Charleston County. A maker of traditional quilt patterns and designs of her own creation--some of which draw on African textile traditions--Ms. Loewe has shared her skills with people throughout the State, including senior citizens at the South Santee Community and children at the Charleston Housing Authority. Believing that 'machines just zip across the quilt without any attention to detail or without any feeling,' she insists on doing all her quilting by hand. Drayton Hall, Middleton Place Plantation, and the Rice Museum in Georgetown are just a few of the places where Ms. Loewe has exhibited her quilts. Congratulations now go to Geneva Loewe, winner of the Jean Laney Harris Folk Heritage Award. Congratulations Ms. Loewe."
The SPEAKER presented the award to Ms. Geneva Loewe.
Speaker WILKINS:
"Our fifth recipient is Mr. Charles 'Ce Ce' Williams. He maintains two important African-American traditions in the State--net making and cane making. About the looped and knotted nets he makes from cotton string, he says, 'I've been doing this for forty years. As far back as I can remember, every family had two nets. One fish net and one shrimp net. My daddy's net could catch the smallest shrimp.' A full-sized net can take up to 300 hours to make and include over 13,000 knots, depending on the size of the mesh of the net. As with netmaking, cane carving was a craft Mr. Williams learned watching his father, who preferred using 'piney windy tree' limbs. Mr. Williams likes working with old cypress knee wood, and recently has taken to applying finishes to his canes. Students with patience enough to learn a craft like netmaking are hard to come by. But his three-year-old granddaughter, Leondoria, often will jump up in his lap and take his net needles out of his hands. She'll say, 'This is my net.' So he plans on teaching her to carry on the tradition. It is our pleasure now to present to Charles 'Ce Ce' Williams the Jean Laney Harris Folk Heritage Award. Congratulations to you Mr. Williams."
The SPEAKER presented the award to Mr. Charles "Ce Ce" Williams.
Speaker WILKINS recognized Mr. Clarence Jackson, who performed for the Joint Assembly.
Speaker WILKINS then recognized Mr. Charles "Ce Ce" Williams, who performed for the Joint Assembly.
Upon the conclusion of the presentation, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolutions the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:50 P.M. the House resumed, the SPEAKER in the Chair.
Rep. YOUNG-BRICKELL moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3747 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 12, 1997, AND FRIDAY, JUNE 13, 1997.
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 3747 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 12, 1997, AND FRIDAY, JUNE 13, 1997.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Thursday, June 12, 1997 and Friday, June 13, 1997 for its annual legislative activity. If either House if in statewide session, the chamber of that House may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3775 -- Reps. Vaughn, Cato, Easterday, Hamilton, Haskins, Leach, Loftis, McMahand, Rice, F. Smith, Tripp, Wilkins, Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Walker and Wilder: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA TO TAKE THE NECESSARY ACTION WITH RESPECT TO THE FEDERAL AVIATION ADMINISTRATION TO RELEASE THE FUNDS REQUIRED TO COMPLETE THE GREENVILLE-SPARTANBURG AIRPORT EXPANSION PROJECT.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4032 -- Reps. Hawkins, Davenport, Rice, Lee, Easterday, Littlejohn, Allison, Leach, Hamilton, Walker, McMahand, Cato, Loftis, Haskins, F. Smith, Vaughn and Tripp: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO INCREASE THE CLEARANCE OF CERTAIN TRAFFIC SIGNS THAT DIRECT TRAFFIC ONTO INTERSTATE HIGHWAY 85 IN SPARTANBURG AND GREENVILLE COUNTIES TO TWENTY-THREE FEET.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 638 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 4, 1997, AND FRIDAY, DECEMBER 5, 1997, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 638 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 4, 1997, AND FRIDAY, DECEMBER 5, 1997, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
Whereas, the YMCA Youth in Government high school program of South Carolina is designed to provide first-hand experience in the state legislature and governmental matters for high school students; and
Whereas, students participating in the program will run for statewide office, pass legislation, and organize their own government; and
Whereas, the purpose of the YMCA's Youth in Government high school program is to encourage the state's high school students to develop enthusiasm and appreciation for governmental and community matters. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the YMCA Youth in Government high school program is authorized to use the facilities of the House and Senate, as designated by the respective clerks of the House and Senate, on Thursday, December 4, 1997, and Friday, December 5, 1997, from 8:00 A.M. until 5:00 P.M. on both days, to conduct a Youth in Government high school program, provided that the House of Representatives and the Senate are not in statewide session on those days.
Be it further resolved that the clerks of the House and Senate shall provide such assistance and access as appropriate for this meeting in accordance with applicable procedures and rules.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The Senate sent to the House the following:
S. 685 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. HUGH C. LANE AND MR. HUGH C. LANE, JR. FOR MANY DECADES OF STEADFAST DEDICATION AND LEADERSHIP IN HELPING TO ENSURE EXPANDED PUBLIC AWARENESS AND APPRECIATION FOR THE H.L. HUNLEY SUBMARINE AND ITS CREW THROUGHOUT THIS STATE AND NATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 4072 -- Reps. Haskins, Rice, Leach, Quinn, Young-Brickell, Limehouse, Davenport, Loftis, Koon, Tripp, Hamilton, Stuart, Vaughn, Hodges, Cato and Jordan: A JOINT RESOLUTION TO PROVIDE THAT, WITH RESPECT TO EMPLOYMENT SECURITY CONTRIBUTIONS, EACH EMPLOYER SUBJECT TO TITLE 41 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, SHALL PAY FOR THE PERIOD OF JANUARY 1, 1998 THROUGH DECEMBER 31, 1998 AT A CONTRIBUTION RATE EQUAL TO FIFTY PERCENT OF THE CONTRIBUTION RATE DETERMINED FOR THE PERIOD OF JANUARY 1, 1997 THROUGH DECEMBER 31, 1997.
Referred to Committee on Ways and Means.
Rep. KLAUBER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4049 -- Rep. D. Smith: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF PHILLIP RAY WILSON OF SPARTANBURG, ATHLETIC DIRECTOR AT SPARTANBURG HIGH SCHOOL, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4064 -- Reps. McMahand and F. Smith: A CONCURRENT RESOLUTION TO COMMEND DR. JOHN T. BERRY OF GREENVILLE, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PASTORS, UPON HIS ELECTION AS MODERATOR OF THE ENOREE RIVER BAPTIST ASSOCIATION AND FOR HIS SERVICE AS THE HOST OF THE STATE USHERS AUXILIARY OF THE BAPTIST EDUCATION MISSIONARY CONVENTION TO BE HELD IN GREENVILLE IN MAY, 1997.
H. 4065 -- Reps. Canty, G. Brown, Neal, Woodrum and Young: A CONCURRENT RESOLUTION TO CONGRATULATE NEW COVENANT PRESBYTERIAN CHURCH (USA) OF SUMTER COUNTY ON THE OCCASION OF THE DEDICATION OF ITS NEWLY CONSTRUCTED SANCTUARY.
H. 4066 -- Rep. Bauer: A CONCURRENT RESOLUTION TO RECOGNIZE COACH PHIL SAVITZ, HEAD COACH OF IRMO HIGH SCHOOL BOYS' SOCCER TEAM, FOR HIS LONG TENURE AND NOTEWORTHY ACHIEVEMENTS IN HIGH SCHOOL SOCCER.
H. 4068 -- Rep. Townsend: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THOSE "SOUTH CAROLINA SEMESTER PROGRAM" STUDENTS WHO SERVED SO EFFECTIVELY AS LEGISLATIVE INTERNS IN THE HOUSE OF REPRESENTATIVES, THE SENATE, AND THE GOVERNOR'S OFFICE DURING THE 1997 LEGISLATIVE SESSION.
H. 4070 -- Rep. Kelley: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MYRTLE BEACH HIGH SCHOOL "LADY SEAHAWKS" BASKETBALL TEAM AND THEIR COACHES ON AN EXCEPTIONAL SEASON AND ON WINNING THE 1996-97 CLASS AAA GIRLS STATE BASKETBALL CHAMPIONSHIP.
H. 4071 -- Rep. Kelley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MYRTLE BEACH HIGH SCHOOL "LADY SEAHAWKS" BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, APRIL 30, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1996-97 CLASS AAA GIRLS STATE BASKETBALL CHAMPIONSHIP.
At 12:55 P.M. the House in accordance with the motion of Rep. YOUNG adjourned in memory of William C. Bochman, Jr. of Sumter, to meet at 10:00 A.M. tomorrow.
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