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:
God our Father, we thank You for Your nearness, Your love and for Your forgiveness. In our perplexities, counsel us; in our sorrows, comfort us; in our strength, discipline us; in our weakness, sustain us. Set us free from faults that blind, and from temptations that assail us that we may have a clear vision of those ideals which call and challenge us to a life of honor and service. Invoke within us an ever increasing devotion to those things that matter most.
Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. HASKINS moved that when the House adjourns, it adjourn in memory of former Representative John D. Bradley III of Charleston, which was agreed to.
The Senate returned to the House with amendments the following:
H. 4189 (Word version) -- Reps. T. Brown and Miller: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
January 13, 1998
The Honorable David H. Wilkins
Speaker of the House
508 Blatt Building
Columbia, South Carolina 29201
Dear Speaker Wilkins:
During the 1997 session, the General Assembly adopted H. 3744, a Concurrent Resolution that established a study committee to review the treatment, commitment, and prosecution of mothers of drug impaired infants and related issues and propose a comprehensive approach to this problem. The committee was chaired jointly by Senator Linda H. Short and Representative W. Jeffrey Young. A membership list for this Study Committee on Drug Impaired Infants is attached.
The committee's first meeting was October 8, 1997. After introductions and opening remarks, Louise Haynes, Director of Morris Village, a residential treatment facility for women with substance abuse problems, addressed the committee. She gave an overview of "Alcohol and Other Drug Abuse During Pregnancy" which included background information, current research and residential and out-patient treatment programs in South Carolina and other interagency efforts to treat substance abusing pregnant women. The committee then discussed issues raised in the presentation and other perspectives offered by the members.
On October 22, 1997, the committee held its second meeting. Ms. Catherine Christophillis from the Attorney General's Office presented a draft protocol regarding the prosecution of cases where a child is born with a Title 44 schedule controlled substance in its system. This proposal offers an amnesty approach and creates a multi-level treatment plan for mothers of such children. After the committee discussed the elements of the protocol, Senator Short established a subcommittee to review the draft protocol and make recommendations on its language and contents to the full committee. The subcommittee was composed of the following members: Catherine Christophillis (Attorney General's Office), Mason Hardy (SC Hospital Association), Hervery Young (SC Public Defenders' Association), Barbara Morgan/William Bilton (Solicitors Association), Cheryl Bullard/Brenda Creswell (DHEC), Liz Shifflette (DAODAS), Wilbert Lewis (DSS), Sue Berkowitz (SC Legal Services), Dr. Nelson Weston (SC Medical Association), and Dr. John Dacus (SC Chapter of ACOG).
The subcommittee met on November 10, 1997 to review the Attorney General's draft protocol and discuss proposed technical revisions. The subcommittee's proposed revisions were reviewed by the full committee on December 16, 1997. At that meeting, the full committee also began discussion of a proposed resolution regarding the findings of the committee.
The Study Committee on Drug Impaired Infants held its last meeting on January 7, 1998 to finalize its proposed committee resolution. H. 3744 specified that this committee shall submit its report to the General Assembly no later than the beginning of the 1998 legislative session at which time the committee is dissolved. Attached please find the resolution unanimously adopted by the Study Committee on Drug Impaired Infants which serves as its report to the Legislature. While the committee did not formally adopt the Attorney General's protocol, the committee did find that there was a need for a statewide protocol emphasizing treatment, approved and adopted by each of the state's sixteen circuit solicitors.
Respectfully submitted,
/s/Linda H. Short, Senator
/s/W. Jeffrey Young, Representative
Representative Jeff Young, Co-Chair
Senator Linda Short, Co-Chair
Representative Tracy Edge
Senator Darrell Jackson
Hon. Charles Condon
Attorney General of South Carolina
Ms. Catherine Christophillis
Assistant Deputy Attorney General
Ms. Barbara R. Morgan
Second Judicial Circuit Solicitor
President, SC Solicitor's Association
S. Nelson Weston, M.D.
President, South Carolina Medical Association
Mr. Mason Hardy
SC Hospital Association
Mr. Marion Baker
President, SC Law Enforcement Officers Association
Ms. Cheryl Bullard
SC Dept. of Health & Environmental Control
Ms. Beverly G. Hamilton
Director, SC Dept. of Alcohol & Other Drug Abuse Services
Mr. James T. Clark
Director, SC Department of Social Services
Lt. Patsy Habben
SC Law Enforcement Division
Ms. Sue Berkowitz
Director, SC Legal Services Association
Dr. John Dacus
SC Chapter of the American College of Obstetrics and Gynecology
Mr. Hervery Young
SC Public Defenders Association
Whereas, this Committee was established by the General Assembly for the purpose of studying the treatment, commitment, and prosecution of mothers of drug impaired infants and related issues; and
Whereas, the Committee was charged with proposing a comprehensive approach to this problem; and
Whereas, this Committee is comprised of persons engaged in a variety of professions which in some way require the persons to be directly involved in the provision of services to mothers and children affected by this problem; and
Whereas, the professions represented on the Committee include legislators, physicians and other health professionals, substance abuse treatment professionals, child protective service professionals, law enforcement officers, and both prosecuting and defense attorneys; and
Whereas, the best interests of children are the paramount concern when the State becomes involved in matters regarding children; and
Whereas, illegal drug abuse is one of a number of risk factors which interfere with the births of healthy children; and
Whereas, it is appropriate to identify the best available solutions to minimizing the interference with the births of healthy children caused by the presence of one or more risk factors; and
Whereas, traditionally these determinations have been made by the medical profession and appropriate prenatal treatment has been provided in that context; and
Whereas, some risk factors, including substance abuse, have implications beyond the scope of services provided by medical professionals and require appropriate state action; and
Whereas, it is the consensus of the Committee that current state laws provide the framework for intervention by the State; therefore, a statewide protocol emphasizing treatment, approved and adopted by each of the state's sixteen circuit solicitors, will insure that the laws of the State will be evenly and properly applied throughout the State; and
Whereas the consensus of the professionals on this Committee who have had direct contact with the affected mothers and children is that treatment of the addicted mothers is the most effective way in which the State can ensure that appropriate prenatal treatment is sought; however, if treatment is declined by the addicted mother, or the mother refuses to adhere to guidelines that will promote the well being of her child, then other state action may be undertaken to insure the best interest of the child. Now, therefore,
Be it resolved by the Study Committee on Drug Impaired Infants;
That the Committee finds that the comprehensive approach to addressing the problems is best effectuated by providing treatment services to ensure that addicted mothers will no longer be addicted, by providing transitional services which promote the development of the bond between mother and child, and by providing sufficient funding to ensure that treatment and transitional services are available statewide. The Committee further finds that the best interest of the child is paramount and state intervention within the confines of the law may be necessary to protect the best interest of the child.
On motion of Rep. YOUNG, with unanimous consent, the report was ordered printed in the Journal.
On motion of Rep. MASON, with unanimous consent, the following was taken up for immediate consideration:
H. 4428 (Word version) -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A HOUSE RESOLUTION TO INVITE THE HONORABLE NEWT GINGRICH, CONGRESSMAN FROM GEORGIA AND SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, TO ADDRESS THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 11:00 A.M. ON THURSDAY, JANUARY 22, 1998.
Be it resolved by the House of Representatives:
That the Honorable Newt Gingrich, Congressman from Georgia and Speaker of the United States House of Representatives, is invited to address the South Carolina House of Representatives in the Hall of the House of Representatives at 11:00 a.m. on Thursday, January 22, 1998.
Be it further resolved that a copy of this resolution be forwarded to Speaker Gingrich.
The Resolution was adopted.
The following was introduced:
H. 4429 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 17 BYPASS IN GEORGETOWN COUNTY FROM THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 707 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 BUSINESS SOUTH OF THE VILLAGE OF MURRELLS INLET IN HONOR OF REVEREND LUTHER ALSTON.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4430 (Word version) -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. AUDREY F. MCKINNEY OF COLUMBIA, MOTHER OF CHARLES T. "CHUCK" MCKINNEY, DIRECTOR OF LEGISLATIVE INFORMATION SYSTEMS, UPON HER DEATH.
Whereas, the members of the General Assembly were deeply saddened to learn of the death on Saturday, January 10, 1998, of Mrs. Audrey F. McKinney of Columbia, mother of Charles T. "Chuck" McKinney, Director of Legislative Information Systems; and
Whereas, Mrs. McKinney, was a native of South Boston, West Virginia, was the daughter of the late Herschel and Blanche Creasy Ferrell and had been a resident of South Carolina for many years; and
Whereas, this gracious and lovely lady was blessed with a wonderful family, including her son, Chuck McKinney, her daughter-in-law, Sandra K. McKinney, Clerk of the House of Representatives, to whom she was extremely devoted, and three grandsons and two granddaughters, of whom she was very proud; and
Whereas, as a young adult she worked as a newspaper writer and reporter and she imparted her love of reading, writing, and literature to her son Chuck and to the other members of her family; and
Whereas, Mrs. McKinney was a person of wonderful warmth and charm who earned the friendship and affection of all those she knew or with whom she came into contact; and
Whereas, the members of the General Assembly, by this resolution, would like to extend their heartfelt condolences to the family and friends of Mrs. McKinney in this time of sorrow and let them know our hearts and prayers are with them upon their loss. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, hereby express their deepest sympathy to the family of Mrs. Audrey F. McKinney of Columbia, mother of Charles T. "Chuck" McKinney, Director of Legislative Information Systems, upon her death.
Be it further resolved that a copy of this resolution be forwarded to Mr. Charles F. "Chuck" McKinney.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4431 (Word version) -- Reps. Kennedy, Harvin, T. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SORROW OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LASHAY TANE WILLIAMS OF WILLIAMSBURG COUNTY WHO DIED SATURDAY, NOVEMBER 29, 1997, AT THE AGE OF SEVENTEEN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4432 (Word version) -- Rep. Haskins: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM KING "B. K." BRYAN OF GREENVILLE, A DISTINGUISHED SOUTH CAROLINA BUSINESS AND CIVIC LEADER, FOR HIS WORK IN BUILDING GENERAL WHOLESALE DISTRIBUTORS OF GREENVILLE INTO ONE OF THIS STATE'S FINEST AND MOST SUCCESSFUL COMPANIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SIMRILL, with unanimous consent, the following was taken up for immediate consideration:
H. 4433 (Word version) -- Rep. Simrill: A HOUSE RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AUTHORIZE THE SOUTH CAROLINA JAYCEES MODEL LEGISLATURE TO UTILIZE THE BLATT BUILDING ON SATURDAY, JANUARY 24, 1998, AND SUNDAY, JANUARY 25, 1998, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODY TO CONDUCT A GOVERNMENT PROGRAM.
Be it resolved by the House of Representatives:
That the members of the House of Representatives authorize the South Carolina Jaycees Model Legislature to utilize the Blatt Building on Saturday, January 24, 1998, and Sunday, January 25, 1998, in accordance with the building policy of the respective body to conduct a government program.
The Resolution was adopted.
The Senate sent to the House the following:
S. 886 (Word version) -- Senators Saleeby, McGill and Ravenel: A CONCURRENT RESOLUTION TO REQUEST THAT THE S.C. FORESTRY COMMISSION COMPLEX IN DARLINGTON COUNTY BE NAMED IN HONOR OF GARY H. SLAVENS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4434 (Word version) -- Reps. Fleming, Seithel, Beck, Whatley, Sandifer, Tripp, Leach, Law, Easterday, Hawkins, Edge, Jordan, Riser, Inabinett, Barrett, Loftis, Stille, Knotts, Cooper and McMaster: A BILL TO AMEND SECTION 38-43-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN OFFENSES BY INSURANCE AGENTS, SO AS TO PROVIDE FOR A DIFFERENT MISDEMEANOR VIOLATION AND PROVIDE A DIFFERENT PENALTY, AND ESTABLISH FELONY VIOLATIONS AND PENALTIES; TO AMEND SECTION 38-43-245, RELATING TO INSURANCE AGENTS AND FRAUDULENT INSURANCE APPLICATIONS, SO AS TO, AMONG OTHER THINGS, CHANGE THE FELONY FOR CERTAIN ACTIVITY TO A "FELONY FOR A FIRST OFFENSE" AND CHANGE THE PENALTY, AND ESTABLISH A "FELONY FOR A SECOND OR SUBSEQUENT OFFENSE" FOR THE SAME ACTIVITY AND PROVIDE A PENALTY; TO AMEND SECTION 38-55-170, AS AMENDED, RELATING TO CONDUCT OF INSURANCE BUSINESS AND PRESENTING FALSE CLAIMS FOR PAYMENT, SO AS TO, AMONG OTHER THINGS, CHANGE THE NATURE OF EXISTING FELONY OFFENSES AND CHANGE THE PENALTIES, AND PROVIDE THAT, FOR THE PURPOSE OF DETERMINING THE DOLLAR AMOUNT OF "CLAIM OR CLAIMS" UNDER THIS SECTION, IF A PERSON HAS MULTIPLE VIOLATIONS OF THIS SECTION AGAINST THE SAME VICTIM, THOSE VIOLATIONS MAY BE TREATED AS AN AGGREGATE AMOUNT OR AS INDIVIDUAL OFFENSES; TO AMEND SECTION 38-55-540, RELATING TO INSURANCE FRAUD AND REPORTING IMMUNITY, CRIMINAL PENALTIES FOR MAKING FALSE STATEMENT OR MISREPRESENTATION OR ASSISTING, ABETTING, SOLICITING, OR CONSPIRING TO DO SO, AND RESTITUTION TO VICTIMS, SO AS TO, AMONG OTHER THINGS, CHANGE CERTAIN PENALTIES, CHANGE AN EXISTING MISDEMEANOR TO A FELONY AND CHANGE THE PENALTIES, CHANGE THE NATURE OF AN EXISTING FELONY AND THE PENALTY, AND PROVIDE THAT, FOR THE PURPOSE OF DETERMINING THE DOLLAR AMOUNT OF THE ECONOMIC ADVANTAGE OR BENEFIT UNDER THIS SECTION, IF A PERSON HAS MULTIPLE VIOLATIONS OF THIS SECTION AGAINST THE SAME VICTIM, THOSE VIOLATIONS MAY BE TREATED AS AN AGGREGATE AMOUNT OR AS INDIVIDUAL OFFENSES; TO AMEND SECTION 38-55-550, RELATING TO INSURANCE FRAUD AND REPORTING IMMUNITY AND CIVIL PENALTIES, SO AS TO CHANGE THESE PENALTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-55-555 SO AS TO PROVIDE THAT A CONVICTION FOR VIOLATING ANY SECTION OF TITLE 38 MAY BE USED TO ENHANCE ANY SUBSEQUENT CONVICTION FOR VIOLATING TITLE 38 AS A SECOND OR SUBSEQUENT OFFENSE; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO INSURANCE FRAUD AND REPORTING IMMUNITY, NOTIFICATION OF THE INSURANCE FRAUD DIVISION OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, AND INFORMATION WHICH MUST BE RELEASED BY AN INSURER, AUTHORIZED AGENCY, OR OTHERS, SO AS TO PROVIDE THAT A PERSON, INSURER, OR AUTHORIZED AGENCY WHO VIOLATES THE RELEASE-OF-INFORMATION PROVISIONS OF THIS SECTION IS GUILTY OF A MISDEMEANOR, AND PROVIDE FOR A PENALTY.
Referred to Committee on Judiciary.
H. 4435 (Word version) -- Reps. Campsen, F. Smith, Bailey, Quinn, Meacham, Cromer, Beck, Wilkes, Clyburn, Woodrum, Young, Barrett, T. Brown, Hamilton, Limehouse, Robinson, Easterday, Vaughn, Walker, Littlejohn, Sandifer, Davenport, Haskins, Tripp, Leach, Bowers, Bauer, Lanford and Phillips: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE AND OTHER MATTERS RELATING TO FEDERAL INCOME CONFORMITY, SO AS TO UPDATE THE REFERENCE DATE AND ALLOW A TAXPAYER TO ELECT A 1985 REFERENCE DATE WITH RESPECT TO CERTAIN CORPORATE LIQUIDATIONS.
Referred to Committee on Ways and Means.
H. 4436 (Word version) -- Reps. Davenport, Sandifer, Knotts, Koon, Meacham, Littlejohn, Moody-Lawrence, Gourdine, Kirsh, Clyburn, Tripp, Simrill, Limehouse and Spearman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-215 SO AS TO PROVIDE THAT ALL PROTECTIVE SERVICES EMPLOYEES OF THE DEPARTMENT OF SOCIAL SERVICES SHALL RECEIVE THE SAME TRAINING RELATING TO ASSESSMENT AND INTERVENTION IN DOMESTIC VIOLENCE ISSUES AS A CERTIFIED LAW ENFORCEMENT OFFICER, EXCLUDING WEAPONS AND VEHICLE TRAINING.
Referred to Committee on Judiciary.
H. 4437 (Word version) -- Reps. Davenport, Bailey, Littlejohn, Clyburn, Simrill, Knotts, Neilson, Koon and Tripp: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL STATUS OF CHILDREN, BY ADDING SUBARTICLE 2 TO ENACT THE PARENTAL RIGHTS AND RESPONSIBILITIES ACT OF 1998, SO AS TO ESTABLISH THE RIGHTS OF PARENTS IN DIRECTING THE UPBRINGING OF THEIR CHILDREN, TO PROHIBIT THE STATE FROM INTERFERING IN THIS RIGHT, TO ALLOW A PARENT TO RAISE A VIOLATION OF THIS SUBARTICLE AS A CLAIM OR DEFENSE, TO PROVIDE FOR ATTORNEY'S FEES WHEN A PARENT PREVAILS, AND TO EXEMPT CERTAIN ACTIONS BETWEEN PARENTS.
Referred to Committee on Judiciary.
H. 4438 (Word version) -- Reps. Davenport, Knotts and Limehouse: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.
Referred to Committee on Labor, Commerce and Industry.
H. 4439 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-14-410 SO AS TO REGULATE WHEN A CLAIMANT MAY COMMENCE A SUIT OR OTHER PROCEEDING AGAINST A FORMER SHAREHOLDER OF A DISSOLVED CORPORATION FOR CERTAIN CLAIMS AND TO REGULATE WHEN A CLAIMANT MAY SATISFY A JUDGMENT RENDERED AGAINST A DISSOLVED CORPORATION BY PROCEEDING AGAINST OR JOINING AN INDIVIDUAL SHAREHOLDER, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL APPLY RETROACTIVELY.
Referred to Committee on Judiciary.
H. 4440 (Word version) -- Reps. Sharpe, Campsen, Altman, Felder, Loftis, Neilson, Hamilton, Leach and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, TO PROVIDE A CIVIL CAUSE OF ACTION, TO AUTHORIZE PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR PROFESSIONAL DISCIPLINE.
Referred to Committee on Judiciary.
S. 923 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT CONCURRENT LAW ENFORCEMENT JURISDICTION IS GRANTED TO THE UNITED STATES OF AMERICA OVER THE NATIONAL ADVOCACY CENTER FOR AS LONG AS THE UNITED STATES OF AMERICA LEASES THE CENTER.
Referred to Committee on Judiciary.
The following was introduced:
H. 4441 (Word version) -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. LOVATOR McCOLLOM YOUNG OF RICHLAND COUNTY UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4442 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A HOUSE RESOLUTION COMMENDING JAMES C. (BUD) PARRIS OF CHEROKEE COUNTY FOR HIS MANY CONTRIBUTIONS AND OUTSTANDING SERVICE TO HIS COMMUNITY.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, January 20.
Harry C. Stille Grady A. Brown Theodore A. Brown
The SPEAKER granted Rep. WHIPPER a leave of absence for the week.
The SPEAKER granted Rep. CANTY a leave of absence for the week.
Announcement was made that Dr. Gerald A. Wilson of Columbia is the Doctor of the Day for the General Assembly.
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."
BILL NUMBER: H. 4370 (Word version)
DATE ADD:
January 20, 1998 William K. Bowers
The following Bill was taken up.
S. 75 (Word version) -- Senators Drummond and Holland: A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE "VICTIM'S BILL OF RIGHTS" BY ADDING SECTION 24; AND ALSO TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
Rep. D. SMITH explained the Bill. The question then recurred to the passage of the Bill on second reading. Rep. SHEHEEN demanded the yeas and nays, which were not ordered.
The Bill was read the second time and ordered to third reading by a division vote of 89 to 2.
I was momentarily away from my desk but would have voted in favor of S. 75. Rep. MACK T. HINES
The following Bill was taken up.
H. 3248 (Word version) -- Reps. F. Smith, McMahand, Whipper, Miller, Lee, Hamilton, M. Hines, Leach, Cato, Wilkins and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-375 SO AS TO REQUIRE A HOSPITAL, NURSING HOME, OR OTHER LICENSED FACILITY TO INCLUDE AND MAINTAIN INCIDENCE AND OCCURRENCE REPORTS PERTAINING TO PATIENTS IN THE PATIENT'S MEDICAL RECORD.
Rep. WILDER moved to recommit the Bill. Rep. F. SMITH moved to adjourn debate upon the Bill until Tuesday, January 27, which was adopted.
The following Bill was taken up. H. 3337 (Word version) -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20985SD.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1-23-310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 1-23-310. As used in this article:
(1) 'Administrative law judge' means a judge of the South Carolina Administrative Law Judge Division created pursuant to Section 1-23-500;
(1)(2) 'Agency' means each state board, commission, department or officer, other than the legislature or the courts, but to include the Administrative Law Judge Division, authorized by law to determine contested cases;
(2)(3) 'Contested case' means a proceeding, including, but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing;
(3)(4) 'License' includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes;
(4)(5) 'Party' means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;
(5)(6) 'Person' means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency."
SECTION 2. Section 1-23-320(d) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(d) The agency hearing a contested case may issue in the name of the agency subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on its own behalf or, upon request, on behalf of any other party to the case.
The administrative law judge division shall, on application of the agency any party to the proceeding enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records and shall have the power to punish as for contempt of court, by a fine or imprisonment or both, the unexcused failure or refusal to attend and give testimony or produce books, papers, and records as may have been required in any subpoena issued by the agency. A person to whom a subpoena has been issued may move before the administrative law judge for an order quashing or modifying the subpoena. The agency may issue to the sheriff of the county in which any hearing is held a warrant requiring him to produce at the hearing any witness who shall have ignored or failed to comply with any subpoena issued by the agency and duly served upon such witness. Such a warrant shall authorize the sheriff to arrest and produce at the hearing such witness, and it shall be his duty to do so; but the failure of a witness so to appear in response to any such subpoena may be excused on the same grounds as provided by law in the courts of this State as to the attendance of witnesses and jurors."
SECTION 3. Section 1-23-570 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-570. The Chief Judge of the Administrative Law Judge Division is responsible for the administration of the division, including budgetary matters, assignment of cases, and the administrative duties and responsibilities of the support staff. The chief judge shall assign judges of the division to hear contested all cases of the various state departments and commissions for which it is responsible on a general rotation and interchange basis by scheduling and assigning administrative law judges based upon subject matter no less frequently than every six months."
SECTION 4. Section 1-23-580 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-580. (A) A clerk of the division, to be appointed by the chief judge, must be appointed and is responsible for the custody and keeping of the records of the division. The clerk of the division shall perform those other duties as the chief judge may prescribe.
(B) Each administrative law judge may appoint, hire, contract, and supervise an administrative assistant as individually allotted and authorized in the annual general appropriations act.
(C) The other support staff of the division is as authorized by the General Assembly in the annual general appropriations act and shall be hired, contracted, and supervised by the chief judge. The division may engage stenographers for the transcribing of the proceedings in which an administrative law judge presides. It may contract for these stenographic functions, or it may use stenographers provided by the agency or commission."
SECTION 5. Section 1-23-650 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:
"Section 1-23-650. Rules governing the internal administration and operations of the Administrative Law Judge Division shall be:
(1) proposed by the chief judge of the division and adopted by a majority of the judges of the division; or
(2) proposed by any judge of the division and adopted by seventy-five percent of the judges of the division.
Each administrative law judge may appoint, hire, contract, and supervise the support staff he is individually allotted pursuant to Section 1-23-580(B). Rules governing practice and procedure before the division which are:
(1) consistent with the rules of procedure governing civil actions in courts of common pleas; and
(2) not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code; shall upon approval by a majority of the judges of the division be promulgated by the division, and shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution; provided, however, the division shall adopt the South Carolina Rules of Civil Procedure as its temporary rules of procedure to remain in effect until permanent rules are promulgated pursuant to this section during the 1995 session of the General Assembly."
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment. The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up. H. 4399 (Word version) -- Reps. Wilkins, Townsend, Harrell, Haskins, Allison, J. Hines, Hinson, D. Smith, R. Smith, Stuart, Walker, Limehouse, Maddox, Spearman, Kennedy, Vaughn, G. Brown, Battle, Whatley, Barfield, Barrett, Young-Brickell, Bailey, Meacham, Neilson, Rice, Bauer, McCraw, Martin, Chellis, Rodgers, Delleney, Littlejohn, Stille, Stoddard, Cato, J. Brown, Law, Cotty, Witherspoon, Kinon, Knotts, Rhoad, Riser, Mason, Dantzler, Edge, McKay, Sandifer, Davenport, McGee, Gamble, McMaster, Felder, Byrd, Lanford, Miller, Phillips, Koon, McMahand, Kirsh, Quinn, Wilkes, Cromer, Cooper, Wilder, Harvin, Harrison, H. Brown, Sharpe, Woodrum, Beck and T. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE STATE BOARD OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS AND AWARDS FOR SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS, AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; AND TO REPEAL CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM. Reps. TOWNSEND, WOODRUM, BYRD, BARRETT, HOWARD, SCOTT, STILLE, MARTIN, MADDOX, STUART, MOODY-LAWRENCE, HARRELL, M. HINES, ALLISON, CLYBURN, LOFTIS, LEACH , TRIPP, HASKINS, CATO, WALKER, HAMILTON, LITTLEJOHN, VAUGHN, MASON, STODDARD, R. SMITH, ALTMAN and LAW requested debate on the Bill.
The following was introduced: H. 4443 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4399, RELATING TO SCHOOL PERFORMANCE AND ACCOUNTABILITY STANDARDS, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, JANUARY 21, 1998, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4399 UNTIL THIRD READING OR OTHER DISPOSITION. Be it resolved by the House of Representatives: That H.4399 is set by special order for second reading or other consideration on Wednesday, January 21, 1998, immediately following the call of the uncontested calendar, continuing on Thursday, January 22, 1998 immediately following the call of the uncontested calendar and following any addresses to the House or General Assembly scheduled for that day, and continuing on each legislative day after January 22, 1998, immediately following the call of the uncontested calendar until H.4399 is given third reading or it is otherwise disposed of.
Rep. D. SMITH explained the Resolution. Reps. TRIPP, BAXLEY and SCOTT spoke against the Resolution. Reps. HASKINS and D. SMITH spoke in favor of the Resolution. The question then recurred to the adoption of the Resolution.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Beck Boan Brown, H. Brown, T. Byrd Campsen Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Edge Felder Fleming Gamble Harrell Harris Harrison Haskins Hawkins Hines, J. Hinson Jennings Jordan Keegan Kelley Kinon Knotts Koon Lanford Law Leach Limehouse Littlejohn Maddox Martin Mason McAbee McCraw McGee McKay McMaster Meacham Miller Mullen Neilson Phillips Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Baxley Bowers Breeland Brown, G. Brown, J. Cave Easterday Gourdine Hamilton Harvin Hines, M. Howard Inabinett Kennedy Kirsh Lloyd Loftis Mack McLeod McMahand Moody-Lawrence Neal Pinckney Scott Smith, F. Stoddard Tripp Wilder Wilkes
So, the Resolution was adopted.
I abstained from voting on the Resolution for Special Order. While I generally support the Bill, I have concerns about limiting debate.
Rep. RICHARD M. QUINN, JR.
Rep. TOWNSEND moved that when the House adjourns it adjourn to meet at 1:00 P.M. tomorrow, which was agreed to.
Rep. RHOAD moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4444 (Word version) -- Reps. Scott, Byrd, J. Brown, Cotty, Cromer, Harrison, Howard, McMaster, Neal, Quinn, J. Smith, McLeod, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WALTER JONES OF RICHLAND COUNTY FOR HIS MANY YEARS OF OUTSTANDING PUBLIC SERVICE AND WISHING HIM MUCH HAPPINESS UPON HIS RETIREMENT AS CHIEF MAGISTRATE FOR THE CITY OF COLUMBIA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4445 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO
FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.
Referred to Committee on Judiciary.
H. 4446 (Word version) -- Rep. Gamble: A BILL TO AMEND SECTION 34-3-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING OR EDUCATIONAL LOAN RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO PROVIDE FOR THE ADMISSIBILITY OF A REPRODUCTION IF THE ORIGINAL WOULD HAVE BEEN A BUSINESS RECORD FOR PURPOSES OF ADMISSIBILITY OR IF A WITNESS ATTESTS THAT THE REPRODUCTION IS A TRUE AND CORRECT COPY OF THE ORIGINAL.
Referred to Committee on Judiciary.
H. 4447 (Word version) -- Reps. Kirsh, Meacham and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-80, ENACTING THE SOUTH CAROLINA INTERNET TAX FREEDOM ACT, SO AS TO PROHIBIT THE STATE OR POLITICAL SUBDIVISION FROM IMPOSING A TAX OR FEE ON THE INTERNET OR INTERACTIVE COMPUTER SERVICES, AND TO PROVIDE DEFINITIONS AND EXCEPTIONS.
Referred to Committee on Ways and Means.
H. 4448 (Word version) -- Reps. Kirsh, Simrill, Meacham and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-210 SO AS TO ENACT THE SOUTH CAROLINA RESPONSIVE GOVERNMENT ACT OF 1998 AND TO ESTABLISH CERTAIN REQUIREMENTS FOR ALL TELEPHONIC COMMUNICATION BETWEEN THE PUBLIC AND STATE AGENCIES.
Referred to Committee on Labor, Commerce and Industry.
H. 4449 (Word version) -- Reps. Cooper, Townsend, Martin, Jordan, Maddox and Stille: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
Referred to Anderson Delegation.
H. 4450 (Word version) -- Reps. Keegan, Kelley, Lanford, Barfield and Edge: A BILL TO AMEND SECTION 40-43-165, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONETIME TRANSFER OF PRESCRIPTIONS FOR THE PURPOSE OF DISPENSING ONE REFILL, SO AS TO DELETE THE PROVISION LIMITING SUCH TRANSFERS TO PHARMACIES IN THIS STATE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4451 (Word version) -- Reps. Keegan, Kelley, Sandifer, Barfield and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-6-35 SO AS TO MAKE IT UNLAWFUL FOR THE OWNER OF A NEW BUSINESS OR OF AN EXISTING BUSINESS TO OPEN, REOPEN, OR REMAIN OPEN TO THE PUBLIC UNDER CERTAIN CIRCUMSTANCES UNTIL EVERY CONTRACTOR OR SUBCONTRACTOR HAS BEEN PAID FOR ALL SERVICES TO IMPROVE THE OWNER'S PROPERTY AND PROVIDE FOR A PENALTY.
Referred to Committee on Labor, Commerce and Industry.
H. 4452 (Word version) -- Reps. Littlejohn, Seithel, M. Hines, Walker, Stoddard, Mason, Leach, McMahand, Rhoad, Hamilton, J. Hines, Mack, Vaughn and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-707 SO AS TO PROVIDE THAT IT IS NOT A VIOLATION OF PROVISIONS OF LAW MAKING IT UNLAWFUL TO USE ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE TO DIRECT THE FRONT HEADLIGHTS OF ANY PRIVATE PASSENGER MOTOR VEHICLE FROM A PAVED PUBLIC ROAD TOWARD ANY WILDLIFE UNDER CERTAIN CONDITIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4453 (Word version) -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15 SO AS TO PROVIDE THAT ANY PERSON WHO BAITS, ASSISTS WITH BAITING, OR CAUSES TO HAVE BAITED A DOVE FIELD OVER WHICH ONE OR MORE PERSONS ARE CHARGED WITH ILLEGALLY SHOOTING DOVES OVER BAIT IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4454 (Word version) -- Reps. Riser, Law, Harrison, Witherspoon, Sharpe, Trotter and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-35 SO AS TO REQUIRE A SURVEYOR OF PROPERTY LINES TO NOTIFY AFFECTED LANDOWNERS OR THEIR REPRESENTATIVES OF THE DATE, TIME, AND MANNER OF THE SURVEY BEFORE SURVEYING AND TO PROVIDE A PENALTY FOR VIOLATING THIS SECTION.
Referred to Committee on Judiciary.
H. 4455 (Word version) -- Reps. R. Smith, Robinson, Tripp, Beck, Hamilton, McLeod, Leach, Sharpe, Easterday, Vaughn, Davenport, Mason, Haskins, Felder, Wilder, Cato, Riser, Stoddard, Quinn, Bauer, Littlejohn, Lanford and Kelley: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE THE EXCEPTIONS FOR COMPENSATION PAID TO A PERSON BY PUBLIC BODIES; AND TO AMEND SECTION 30-4-50, AS AMENDED, RELATING TO MATTERS WHICH ARE DECLARED PUBLIC INFORMATION, SO AS TO ADD ALL COMPENSATION PAID TO A PERSON BY A PUBLIC BODY.
Referred to Committee on Judiciary.
H. 4456 (Word version) -- Reps. Campsen, Meacham, Whatley, Limehouse, Inabinett, J. Smith, Woodrum, Hinson, Sandifer, Barrett, Seithel, Altman, Knotts, Harrell, Law, Simrill, Gourdine, Mack, Hamilton, Lloyd, Easterday, Leach, Dantzler, Clyburn, D. Smith, Bowers, Haskins, Baxley and Rodgers: A BILL TO AMEND SECTION 14-7-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE AS A GRAND JUROR, SO AS TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT IN THIS STATE FOR A PERIOD OF THREE YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14, RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 16 SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR SELECTING AND IMPANELING GRAND JURIES IN WHICH GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS RATHER THAN ONE YEAR AND MAY HOLD OVER FOR ONE ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE PROCEDURES FOR SELECTING AND IMPANELING SUCH JURORS UNDER THIS ALTERNATIVE SYSTEM, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS ALTERNATIVE SYSTEM, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF THREE YEARS.
Referred to Committee on Judiciary.
Rep. YOUNG-BRICKELL moved to reconsider the vote whereby the following Resolution was adopted, which was agreed to.
H. 4428 (Word version) -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A HOUSE RESOLUTION TO INVITE THE HONORABLE NEWT GINGRICH, CONGRESSMAN FROM GEORGIA AND SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, TO ADDRESS THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 11:00 A.M. ON THURSDAY, JANUARY 22, 1998.
Rep. YOUNG-BRICKELL moved to continue the Resolution, which was agreed to.
Rep. BAILEY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4391 (Word version) -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE NEWT GINGRICH, CONGRESSMAN FROM GEORGIA AND SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 11:00 A.M. ON THURSDAY, JANUARY 22, 1998.
H. 4430 (Word version) -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. AUDREY F. MCKINNEY OF COLUMBIA, MOTHER OF CHARLES T. "CHUCK" MCKINNEY, DIRECTOR OF LEGISLATIVE INFORMATION SYSTEMS, UPON HER DEATH. H. 4431 (Word version) -- Reps. Kennedy, Harvin, T. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SORROW OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LASHAY TANE WILLIAMS OF WILLIAMSBURG COUNTY WHO DIED SATURDAY, NOVEMBER 29, 1997, AT THE AGE OF SEVENTEEN.
H. 4432 (Word version) -- Rep. Haskins: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM KING "B. K." BRYAN OF GREENVILLE, A DISTINGUISHED SOUTH CAROLINA BUSINESS AND CIVIC LEADER, FOR HIS WORK IN BUILDING GENERAL WHOLESALE DISTRIBUTORS OF GREENVILLE INTO ONE OF THIS STATE'S FINEST AND MOST SUCCESSFUL COMPANIES. H. 4441 (Word version) -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. LOVATOR MCCOLLOM YOUNG OF RICHLAND COUNTY UPON HER DEATH.
H. 4444 (Word version) -- Reps. Scott, Byrd, J. Brown, Cotty, Cromer, Harrison, Howard, McMaster, Neal, Quinn, J. Smith, McLeod, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WALTER JONES OF RICHLAND COUNTY FOR HIS MANY YEARS OF OUTSTANDING PUBLIC SERVICE AND WISHING HIM MUCH HAPPINESS UPON HIS RETIREMENT AS CHIEF MAGISTRATE FOR THE CITY OF COLUMBIA.
At 1:15 P.M. the House in accordance with the motion of Rep. HASKINS adjourned in memory of former Representative John D. Bradley III, to meet at 1:00 P.M. tomorrow.
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