Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God, we come in this prayer to recognize Your greatness and to acknowledge our dependence upon You. So often we follow our own desires, and do not see high enough or far enough, and thus find ourselves caught in the confusion that blinds and cheats. Teach us that today's duties will be edged with gold only as we look to the mountains of Your greatness and glory pierced by the eyes of faith. So lift our vision to the hills of Your beckoning to behold true values for living and giving.
To You, Lord, we give our praise and thanksgiving. 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-BRICKELL moved that when the House adjourns, it adjourn in memory of Wilma Venters of Charleston, which was agreed to.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.
April 2, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I would like to invite you and the members of the South Carolina House of Representatives to a luncheon hosted by the South Carolina Department of Parks, Recreation and Tourism and me in conjunction of National Tourism Week. The Governor's Tourism Appreciation Luncheon will be held at the Capital City Club from 12:30-2:00 P.M. on Tuesday, May 5, 1998.
Tourism in our State continues to be a pillar of our economy, not only strengthening families through the job creation process, but also providing visiting families with the type of entertainment you and I demand in our own leisure time. Nearly 30 million people visited our State in 1997 and spent billions of dollars in cities and towns across South Carolina.
The purpose of National Tourism Week (May 3-9, 1998) is to raise the awareness of the contribution of the tourism industry to the economic growth and quality of life of South Carolina. In particular, we would like to thank this broad based industry, our allies and customers for "making tourism work" for South Carolina.
Please join us as we celebrate the growth and contribution of tourism to an improved quality of life for all South Carolinians. We look forward to seeing you and members of the South Carolina House of Representatives on May 5.
Sincerely,
Buddy Jennings, Director
April 2, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
We would like to formally invite you, all members of the House and their spouses, as well as staff members, to attend the annual Governmental Affairs reception given by DuPont. The reception will be at the Seibels House from 6:00 P.M. until 8:00 P.M. on May 5, 1998. We anticipate favorable action from the Invitations Committee.
We look forward every year to this reception which is sponsored by the DuPont manufacturing sites in Berkeley, Florence, and Kershaw Counties as well as the Conoco gas station outlets in the State. The reception will give us an opportunity to visit with the governmental leaders of South Carolina.
We will also be inviting members of the Senate, all Constitutional Officers and selected Boards and Commissions that we work with on a routine basis. In addition, several trade associations to which we belong and our key customers in the State will be attending.
We look forward to seeing you and other members of the House at the reception on May 5, 1998, at the Seibels House. If you have any questions about the reception, please contact Jean Hopkins at the May Plant at 425-2212.
Sincerely,
John D. Strait, Site Manager-Camden
James L. Sibley, Site Manager-Florence
Murray D. Brockman, Site Manager-Cooper River
October 16, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Dairy Association wishes to extend to the members of the South Carolina House of Representatives, their spouses, staff and attaches, an invitation to "Ice Cream Under the Veranda" scheduled for Wednesday, May 13, 1998, from 10:00 A.M. until 3:00 P.M. "Ice Cream Under the Veranda" will be held at the Carolina Plaza near the Pendleton Street entrance. Please call us if you have any questions.
Sincerely,
Bill Murray
SCDA President
March 12, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Committee for Employer Support of the Guard and Reserve (SC ESGR), an organization consisting of civilian employers statewide and representatives from the National Guard and Reserve Components, cordially invites the South Carolina House of Representatives to a Low Country Luncheon and Reception on May 13, 1998, Room 208, Blatt Building, from 12:30-2:00 P.M. The ESGR Committee along with Major General Stanhope Spears, S.C. Adjutant General; Major General George Goldsmith, Commander 108th Division (Institutional Training), U.S. Army Reserve, Charlotte, N.C.; Colonel Edward Stickler, Commander, 315th Military Airlift Wing, Air Force Reserve, Charleston Air Force Base; and Lieutenant Commander Randy Hudspeth, U.S. Naval Reserve, Columbia, S.C., will host this luncheon and reception.
This luncheon and reception is to introduce the ESGR to you and your fellow legislators and emphasize the importance of supporting ESGR initiatives in ensuring continued membership and support for the Guard and Reserve.
Please acknowledge your attendance to Mrs. Jean Griggs at 806-4215 prior to April 15, 1998. Thank you for your favorable consideration of this request and your continued support of our Guard and Reserve Forces.
Sincerely,
A.E. "Gene" Jarrett
Chairman
The following was received and referred to the appropriate committee for consideration.
Document No. 2295
Promulgated By Department of Social Services
Statutory Authority: 1976 Code Sections 20-7-1900 through 20-7-1970 and Sections 20-7-2610, et seq.
Supplemental Benefits for Adoption and Medical Assistance
Received By Speaker April 22, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date August 20, 1998
The following was received.
Columbia, S.C., April 22, 1998
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. 443:
S. 443 -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL STRUCTURES BEFORE OCCUPANCY AND PORTIONS OF EXISTING BUILDINGS COVERED BY BUILDING PERMITS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 22, 1998
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. 124:
S. 124 -- Senators McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 22, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 311, H. 4400 by a vote of 45 to 0.
(R311) H. 4400 -- Rep. D. Smith: AN ACT TO AMEND ACT 321 OF 1969, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM TWENTY THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
Very respectfully,
President
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Ordered for consideration tomorrow.
On motion of Rep. RHOAD, with unanimous consent, the following was introduced and taken up for immediate consideration:
H. 5074 -- Rep. Rhoad: A HOUSE RESOLUTION CONGRATULATING J. DAVID HORTON, HEAD BASEBALL COACH AT BAMBERG-EHRHARDT HIGH SCHOOL, ON BEING NAMED "NATIONAL HIGH SCHOOL BASEBALL COACH OF THE YEAR", AND EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO COACH HORTON ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THIS HONOR AND FOR HIS MANY OTHER ACCOMPLISHMENTS.
Whereas, J. David Horton, Head Baseball Coach at Bamberg-Ehrhardt High School, has been named "National High School Baseball Coach of the Year"; and
Whereas, Coach Horton was chosen by a vote of his peers for this very prestigious honor; and
Whereas, he is the winningest baseball coach in South Carolina with 547 wins and only 135 losses; and
Whereas, he has won twenty-one conference championships and has had thirty winning seasons at Bamberg-Ehrhardt High School; and
Whereas, he is devoted to excellence in public education in the Palmetto State and success on the playing field; he is an outstanding individual who is widely respected and admired; and we, the members of this body, are greatly pleased to have the opportunity to recognize such a superb coach and gentleman. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, congratulate J. David Horton, Head Baseball Coach at Bamberg-Ehrhardt High School, on being named "National High School Baseball Coach of the Year".
Be it further resolved that the privilege of the floor of the House of Representatives be extended to Coach Horton, on a date and at a time to be determined by the Speaker, for the purpose of recognizing him for the above honor and for his many other accomplishments.
Be it further resolved that a copy of this resolution be forwarded to Coach Horton.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5075 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MASSAGE/BODYWORK THERAPY, RELATING TO SCHOOLS, RECIPROCITY; LICENSES, SEXUAL ACTIVITY PROHIBITED; CONTINUING EDUCATION; CHANGE OF ADDRESS OR NAME; COMMUNICABLE DISEASE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 1111 -- Senator Bryan: A BILL TO AMEND CHAPTER 1, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF CRIMINAL RECORDS REGARDING PERSONS FOUND INNOCENT OF CRIMINAL CHARGES OR AGAINST WHOM CHARGES ARE DISCHARGED OR DISMISSED, SO AS TO PROVIDE THAT SUCH RECORDS SHALL BE DESTROYED UPON NOTIFICATION TO THE LAW ENFORCEMENT AGENCY BY THE CLERK OF COURT AND THAT NO ORDER OF THE CIRCUIT COURT OR MAGISTRATE'S COURT IS REQUIRED.
Referred to Committee on Judiciary.
S. 1186 -- Senators Hutto and Lander: A BILL TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.
On motion of Rep. SHARPE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Gamble Gourdine Hamilton Harrell Harris Harvin Hawkins Hines, J. Hinson Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin McCraw McGee McLeod McMahand Meacham Miller Moody-Lawrence Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Tripp Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, April 23.
Jennings G. McAbee James N. Law James L.M. Cromer, Jr. Victoria T. Mullen Teddy N. Trotter Jackson S. Whipper G. Ralph Davenport, Jr. Grady A. Brown Timothy C. Wilkes Harry R. Askins Larry L. Koon Alma W. Byrd Wilbur L. Cave Jerry N. Govan, Jr. Lynn Seithel Clementa C. Pinckney Mack T. Hines Joseph H. Neal Leon Howard James H. Harrison Richard M. Quinn, Jr. Ronald P. Townsend Douglas Jennings, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. MASON a leave of absence for the day.
The SPEAKER granted Rep. STUART a leave of absence for the day.
Rep. T. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 22.
Announcement was made that Dr. Michael D. Mitchell of Spartanburg is the Doctor of the Day for the General Assembly.
Rep. TRIPP presented to the House the Mauldin High School "Lady Mavericks" Cross Country Team, 1997 Class AAAA Champions, and their coach.
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 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. 4971
DATE ADD:
4/23/98 J.M. Knotts, Jr.
Bill Number: H. 3714
DATE ADD:
4/23/98 J.M. Knotts, Jr.
Bill Number: H. 4572
DATE REMOVE:
4/23/98 C. Anthony Harris, Jr.
Bill Number: H. 4446
DATE ADD:
4/23/98 J.M. Knotts, Jr.
Bill Number: H. 4805
DATE ADD:
4/23/98 Alfred B. Robinson, Jr.
Bill Number: H. 5072
DATE ADD:
4/23/98 J.M. Knotts, Jr.
Bill Number: H. 3893
DATE REMOVE:
4/23/98 Tracy Edge
Bill Number: H. 4918
DATE REMOVE:
4/23/98 André Bauer
4/23/98 G. Ralph Davenport, Jr.
4/23/98 Liston D. Barfield
4/23/98 William D. Witherspoon
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 5061 -- Rep. G. Brown: A BILL TO CREATE THE LEE COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE LEE COUNTY ELECTION COMMISSION AND LEE COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
The following Bill was read the third time, passed and, 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.
S. 1185 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCLUDE WITHIN THE EXCEPTION INBOARD BOATS DESIGNED BY THE MANUFACTURER FOR TOWING WATERSKIERS.
The following Bill was taken up.
H. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7376AC.98), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. Section 20-3-180 of the 1976 Code is amended to read:
"Section 20-3-180. The court may, upon the granting of final judgment of divorce or an order of separate maintenance, may allow a wife party to resume her maiden name a former surname or the name surname of any a former husband spouse."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3714 be read the third time tomorrow.
The following Bill was taken up.
H. 4446 -- Reps. Gamble and Knotts: 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21472MM.98).
Amend the bill, as and if amended, in Section 34-3-540(B), as contained in SECTION 1, by striking the subsection in its entirety and inserting:
/(B) These processes or means must correctly copy, reproduce, or form a medium for copying or reproducing the original record so that an accurate facsimile of the original can be printed or otherwise reproduced on paper, film, or similar medium. The printed reproduction is considered an original record for all purposes and must be treated as an original record in all courts or administrative agencies for the purpose of its admissibility into evidence, regardless of whether the institution retains or disposes of the original, provided that:(1) the original document otherwise qualified as a business record pursuant to the South Carolina Uniform Business Records as Evidence Act or the appropriate state or federal rules of evidence; and
(2) a custodian or other qualified witness as those terms are used in the appropriate state or federal rules of evidence certifies that the printed reproduction is a true and correct copy of the original."
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 963 -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3685 -- Reps. Cato and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND TO PROVIDE PENALTIES.
Rep. GAMBLE explained the Bill.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 893 -- Senators Lander and Reese: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT.
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Rep. KELLEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4934MM.98).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 4-23-880 of the 1976 Code is amended to read:
"Section 4-23-880. It is unlawful in the fire district to park within five hundred feet of a place where fire apparatus or an emergency vehicle is stopped in answer to a fire alarm nor shall anyone an emergency and no person shall cause any highway, road, either public or private, in such the area of fire apparatus or emergency vehicles to be blocked by his vehicle in such a manner that fire apparatus or emergency vehicles will be hindered from reaching the scene of the fire emergency. It is also unlawful to drive a vehicle over any unprotected hose of a fire department without the consent of the fire department official in command on any street, road, or private driveway when such the hose is being used for fire fighting without consent of the fire department official in command. Any A person who violates the provisions of this section is deemed guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor or more than one hundred dollars."
SECTION 2. Section 56-5-1960 of the 1976 Code is amended to read:
"Section 56-5-1960. The driver of any vehicle other than one on official business shall not follow any fire apparatus or emergency vehicle traveling in response to a fire alarm an emergency closer than five hundred feet or stop such vehicle within five hundred feet of any fire apparatus or emergency vehicle stopped in answer to a fire alarm an emergency."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BAILEY explained the amendment.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 5065 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO REPORTING INSURANCE POLICIES WITH EFFECTIVE DATES ON OR AFTER JULY 1, 1989, EXAMINATION OF CLAIM FILES, ADMISSION OF EXPERT'S REPORT AS EVIDENCE, POSTPONEMENT OR ADJOURNMENT OF A HEARING, INFORMAL CONFERENCE, SELF-INSURANCE APPLICATION, FINANCIAL ANALYSIS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.
Rep. YOUNG-BRICKELL made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, April 28, which was adopted.
H. 4805 -- Reps. McGee, Campsen, Meacham, Knotts, McKay, Kinon, Simrill, Jordan, Martin, Kirsh, J. Brown, Stuart, Wilkins, Barrett, Young, Clyburn, Woodrum, Harrison, Klauber, Easterday, Gourdine, Spearman, Fleming, Haskins, Moody-Lawrence, Limehouse, Harrell and Robinson: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF SEX OFFENDER REGISTRY INFORMATION TO THE PUBLIC, SO AS TO PROVIDE THAT A REQUEST FOR INFORMATION DOES NOT HAVE TO BE WRITTEN; TO AUTHORIZE NOTIFICATION OF RESIDENTS OF AN OFFENDER LIVING WITHIN ONE MILE OF THEIR RESIDENCE IF THE SHERIFF HAS REASON TO BELIEVE THAT NOTIFICATION IS IN THE PUBLIC'S BEST INTEREST AND THAT BASED ON CRITERIA ESTABLISHED BY THE STATE LAW ENFORCEMENT DIVISION THAT THE OFFENDER MAY REPEAT A SEXUAL OFFENSE; AND TO PROVIDE IMMUNITY FOR INFORMATION RELEASED IN GOOD FAITH AND IN ACCORDANCE WITH THIS SECTION.
The following Bill was taken up.
H. 4971 -- Reps. Wilkins, Harrison and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-645 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE OF CERTAIN HEARINGS TO FOSTER PARENTS, PREADOPTIVE PARENTS, AND RELATIVES PROVIDING CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO CLARIFY WHAT IS REQUIRED OF THE DEPARTMENT OF SOCIAL SERVICES WHEN IT MUST MAKE "REASONABLE EFFORTS" IN WORKING WITH FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE THE FAMILY COURT TO MAKE DETERMINATIONS AS TO WHEN REASONABLE EFFORTS MAY BE REQUIRED AND WHEN THEY MAY BE TERMINATED OR DISPENSED WITH; BY ADDING SECTION 20-7-768 SO AS TO PROVIDE CONDITIONS UNDER WHICH THE DEPARTMENT SHALL INITIATE, OR JOIN IN A PROCEEDING FOR, TERMINATION OF PARENTAL RIGHTS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO INCLUDE IN THE FINDINGS REQUIRED WHEN A CHILD IS NOT RETURNED TO THE PARENTS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF THE CHILD; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM A CHILD MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO REVISE THE CRIMINAL OFFENSES THAT ARE PROHIBITED AND TO CLARIFY THAT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES INCLUDES A CHILD IN THE CUSTODY OF AN AGENCY LICENSED OR REGISTERED BY THE DEPARTMENT; TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION OF A CHILD, SO AS TO PROVIDE EXCEPTIONS AND TO PROVIDE FOR A HEARING IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO AMEND SECTION 20-7-1895 RELATING TO THE STATEWIDE ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE REFERRED TO A REGIONAL OR NATIONAL ADOPTION EXCHANGE.
Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 5072 -- Reps. Harrison and Knotts: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF INDIGENT DEFENSE FOR FISCAL YEAR 1997-98 ONLY TO USE UP TO FIVE HUNDRED THOUSAND DOLLARS OF THE DEATH PENALTY TRIAL FUND TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES IF THE CONFLICT FUND IS EXHAUSTED.
Rep. HARRISON explained the Joint Resolution.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 5072 be read the third time tomorrow.
The following Bill was taken up.
H. 5073 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" TO INCLUDE CHILDREN OR ADOLESCENTS UNDER AGE TWENTY-ONE WHO ARE CLIENTS OF OR COMMITTED TO THE CUSTODY OF AN AGENCY OF THE STATE.
Rep. J. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. R. SMITH withdrew his request for debate on H. 4821; however, other requests for debate remained upon the Bill.
Rep. T. BROWN asked unanimous consent to recall H. 3569 from the Committee on Judiciary.
Rep. HARRISON objected.
Rep. WITHERSPOON asked unanimous consent to recall H. 4947 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SIMRILL objected.
Rep. SHARPE asked unanimous consent to recall H. 4877 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. SCOTT objected.
Rep. DAVENPORT asked unanimous consent to recall H. 4557 from the Committee on Judiciary.
Rep. HARRISON objected.
Rep. KLAUBER asked unanimous consent to recall H. 5007 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. LIMEHOUSE asked unanimous consent to recall H. 3414 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. SHEHEEN asked unanimous consent to recall H. 4369 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. RHOAD objected.
Rep. DAVENPORT asked unanimous consent to recall H. 4437 from the Committee on Judiciary.
Rep. HARRISON objected.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4933 -- Reps. Townsend, Byrd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-126 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION IS AUTHORIZED TO GRANT A WAIVER TO CERTAIN SCHOOL DISTRICTS WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
H. 4821 -- Rep. Jennings: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 278 -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO DELETE THE CURRENT PROVISIONS AND REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
S. 284 -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS AND COMMISSIONS IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE; PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE PUBLIC CHARITIES SECTION OF THE OFFICE OF THE ATTORNEY GENERAL'S OFFICE ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO TRANSFER ALL PERSONNEL ORIGINALLY TRANSFERRED FROM THE SECRETARY OF STATE'S OFFICE AND STILL EMPLOYED BY THE ATTORNEY GENERAL IN THE PUBLIC CHARITIES SECTION, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE PUBLIC CHARITIES SECTION TO THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE ATTORNEY GENERAL AND REFLECT THE SECRETARY OF STATE AND HIS OFFICE AS THE OFFICIAL AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE SECRETARY OF STATE TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT.
The following House Resolution was taken up.
H. 5047 -- Rep. Barfield: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES AND ESPECIALLY THOSE MEMBERS AND COMMITTEES CHARGED WITH OVERSEEING MILITARY PREPAREDNESS TO INVESTIGATE AND ENSURE THAT THE CHEMICAL AND BIOLOGICAL PROTECTION EQUIPMENT WHICH IS PROVIDED TO UNITED STATES' SERVICE MEMBERS, WHEREVER THEY MAY BE DEPLOYED, IS THE BEST AND MOST EFFICACIOUS PROTECTIVE EQUIPMENT THAT IS REASONABLY AVAILABLE THROUGH CURRENT TECHNOLOGY.
Whereas, a number of reputable sources such as the respected Jane's publication have called into question the durability of the chemical and biological protective masks provided to the United States' armed forces and its reserve components; and
Whereas, these sources indicate that the present chemical and protective masks have a very abbreviated protection time against chemical and biological agents, which in some cases is as brief as four minutes; and
Whereas, during the recent 1991 Gulf War, many United States' service members sustained exposure to chemical and biological agents of unknown origin, which exposures have caused prolonged medical consequences for these service members and which illnesses may be attributed in part to inferior chemical and biological protective equipment provided these soldiers; and
Whereas, there exists a current domestic threat that such chemical and biological agents may be used by terrorists within the boundaries of the United States of America; and
Whereas, the National Guards of the various states are designated to be the primary agency responding to domestic terrorist incidents which are likely to include terrorism by use of chemical and biological agents; and
Whereas, service members, whether deployed in situations of domestic terrorism or deployed overseas against foreign military forces, should expect to be provided chemical and biological protection equipment of the highest order reasonably available through modern technology. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives memorialize the Congress of the United States and especially those members and committees charged with overseeing military preparedness to investigate and ensure that the chemical and biological protection equipment which is provided to United States' service members, wherever they may be deployed, is the best and most efficacious protective equipment that is reasonably available through current technology.
Be it further resolved that copies of this resolution be forwarded to the Senate of the United States, the United States House of Representatives, and each member of the South Carolina Congressional Delegation.
The Resolution was adopted.
The following Concurrent Resolution was taken up.
H. 4985 -- Reps. Hamilton, Easterday, Leach, Loftis, Haskins, Tripp, Cato, Sharpe and Vaughn: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE REPRESENTATIVE OF THE UNITED STATES TO THE UNITED NATIONS, AND THE CONGRESS TO OPPOSE THE BIOSPHERE RESERVES DESIGNATION OF THE MAN AND THE BIOSPHERE PROGRAM AND TO URGE THAT THE PROPOSED BIODIVERSITY TREATY NOT BE RATIFIED BY THE UNITED STATES.
Whereas, the United Nations has promoted a Biosphere Program throughout the world; and
Whereas, the Biosphere Program threatens to place millions of acres of land under the control of the United Nations via agreements or executive orders; and
Whereas, the United Nations Cultural, Educational, and Scientific Organization (UNESCO) has created a worldwide system of 328 Biosphere Reserves in 82 nations; and
Whereas, 47 United Nations designated Biosphere Reserves are within the sovereign borders of the United States, and one United Nations designated Biosphere Reserves is within the State of South Carolina; and
Whereas, neither the legislature of the State of South Carolina nor the Congress of the United States has considered, debated, or approved such designations; and
Whereas, such designations require strict land use management procedures as are set forth in the 1994 Strategic Plan for the United States Man and the Biosphere Program, as published by the United States State Department, and further described in the Global Biodiversity Assessment, published by the United Nations Environment Program, expressly for the Conferences of the Parties to the Convention on Biological Diversity; and
Whereas, Biosphere Reserves are, by definition, designed to continually expand each of the three zones: core protected zone, buffer zone, and zone of cooperation; and
Whereas, Biosphere Reserves are expected to be the nucleus of the system of protected areas required by Article 8 of the Convention on Biological Diversity as expressed in the minutes of the first meeting of the Conference of the Parties; and
Whereas, no land owner within reach or potential reach of the Biosphere Reserves has input or recourse to land use management policies of UNESCO or the Conference of the Parties to the Convention on Biological Diversity; and
Whereas, no body of elected officials, whether local, state, or federal, has input, recourse, or veto power over such land use management policies that may be prescribed by either UNESCO or the Conference of the Parties to the Convention on Biological Diversity; and
Whereas, even though the Convention on Biological Diversity has not been ratified by the United States Senate, the very presence of United Nations Biosphere Reserves on American soil demonstrates the compliance with an international treaty that has not been ratified; and
Whereas, the use of land in biosphere areas for ordinary commercial or agricultural purposes may be severely restricted or eliminated; and
Whereas, 22,200 acres of the area of the Congaree Swamp National Monument have already been designated as Biosphere Reserves; and
Whereas, none of the current areas included within the Biosphere Program in South Carolina has been included at the request of, or with the consent of the General Assembly of the State of South Carolina; and
Whereas, the General Assembly does not believe that a request from the National Park Service or a tourist and convention service should be adequate to subject land in South Carolina to the control of the United Nations or any other foreign parties; and
Whereas, the areas encompassed by these reserves may include not only public but private lands; and
Whereas, the placing of environmental or other restrictions upon the use of private lands has been held by a number of recent United States Supreme Court decisions to constitute a taking of the land for public purposes; and
Whereas, the proposed Biodiversity Treaty, if ratified by the United States, would ultimately lead to the reality that citizens of South Carolina could not use their private and public lands in the manner to which they have been accustomed; and
Whereas, there are no proposals either to purchase the private lands by the United States or the United Nations; and
Whereas, the restrictions contemplated together with the outside control of the land encompassed by a Biosphere Reserve constitutes an unlawful taking of that land in violation of the Constitution of the United States, to wit:
Article I, Section 8, Clause 17, delegates to the United States only the power "[T]o exercise exclusive legislation...and...like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines and arsenals, dock yards, and other needful buildings."
Article IV, Section 3, Clause 2, we note that, "[N]othing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state."
Article IV, Section 4, we note that, "The United States shall guarantee to every state in this union a republican form of government."
Amendment V of the Constitution of the United States, "nor [shall any person] be deprived of life, liberty, or property; without due process of law; nor shall private property be taken for public use, without just compensation."; and
Whereas, the restrictions contemplated together with the outside control of the land encompassed by a Biosphere Reserve is contrary to the State of South Carolina's ultimate property in lands in violation of the Constitution of South Carolina, to wit:
Article XIV, Section 3, providing, in part, that "[T]he people of the State are declared to possess the ultimate property in and to all lands within the jurisdiction of the State;"; and
Whereas, the virtual ceding of these lands to the United Nations leaves the residents who own the land, local governments, and the State of South Carolina without any legitimate form for redress of grievances for input into any decision-making process relating to the Biosphere Reserve; and
Whereas, under the Supremacy Clause in Article VI of the Constitution of the United States, this treaty would become part of the supreme law of the land and be given equal footing with the Constitution of the United States, thus effectively precluding any legal means of redress; and
Whereas, the State of South Carolina does not wish to have portions of its land area controlled by foreign minions over which it has no control and who are not subject to its laws. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina are unalterably opposed to the inclusion of any land within the borders of the State of South Carolina within the purview of the Biodiversity Treaty or any biodiversity program without the express consent of the General Assembly of the State of South Carolina, as provided by the Constitution of the United States, and the laws and Constitution of South Carolina, 1895; and that the General Assembly urges the members of the Congress of the United States, and especially the South Carolina Congressional Delegation, to oppose ratification of this treaty and the inclusion of any land within the State of South Carolina in any biosphere program of the United Nations.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, the Honorable Bill Clinton, 1600 Pennsylvania Avenue, Washington, D.C. 20500; the representative of the United States to the United Nations, the Honorable Bill Richardson, United States Mission to the United Nations, 799 United Nations Plaza, New York, New York, 10017; the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
Rep. HAMILTON explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. JORDAN moved to recall the following Bill from the Committee on Judiciary.
H. 3569 -- Reps. Jordan, Altman, Barrett, Simrill, F. Smith, Littlejohn, R. Smith, Meacham, Rodgers, Townsend, Sandifer, Whatley, Riser, Bailey, Cooper, Maddox, Martin, Hamilton, Neilson, Wilder, Stille, Koon, Easterday, Young, Govan, Davenport, Young-Brickell, Inabinett, Mason and Leach: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS, INCLUDING PENALTIES AGAINST A BUSINESS THAT KNOWINGLY PERMITS A VIOLATION OF THIS SECTION WITHIN ITS PREMISES, WHICH PENALTIES MAY INCLUDE A LOSS OF ALCOHOLIC LIQUOR LICENSES, TO DEFINE AND PROHIBIT NUDITY, AND TO PROVIDE PENALTIES FOR VIOLATION.
Rep. HARRISON moved to table the motion.
Rep. JORDAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Battle Baxley Harris Harrison Moody-Lawrence Smith, J. Woodrum
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Beck Boan Brown, G. Brown, H. Campsen Carnell Cato Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Hamilton Harrell Harvin Hawkins Hinson Howard Inabinett Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Maddox Martin McCraw McGee McLeod McMahand Meacham Mullen Neilson Phillips Quinn Rice Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Witherspoon Young-Brickell
So, the House refused to table the motion.
The question then recurred to the motion to recall H. 3569 from the Committee on Judiciary, which was agreed to.
Rep. FLEMING moved to recall the following Bill from the Committee on Judiciary.
H. 4632 -- Reps. Fleming, Klauber, R. Smith, Kirsh, Seithel, Simrill, Mason, Hawkins, Moody-Lawrence, Martin, Phillips, Vaughn, Littlejohn, Walker, Davenport, Maddox, Whatley, Gamble and Limehouse: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE SOUTH CAROLINA GANG VIOLENCE ACT WHICH PROHIBITS CERTAIN CONDUCT IN REGARD TO GANG VIOLENCE AND ACTIVITY AND TO PROVIDE CERTAIN PENALTIES FOR VIOLATIONS OF THIS PROVISION; AND TO AMEND SECTION 16-9-340, AS AMENDED, RELATING TO THE UNLAWFUL INTIMIDATION OF COURT OFFICIALS, JURORS, AND WITNESSES, SO AS TO INCLUDE GANG MEMBERS WITHIN THE PROHIBITION.
Rep. HARRISON moved to table the motion.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The motion to table was agreed to by a division vote of 43 to 25.
Rep. SCOTT moved to recall the following Joint Resolution from the Committee on Ways and Means.
H. 3256 -- Reps. Scott, Kennedy, Cobb-Hunter, Cromer, Whatley, Bailey, Parks, Cave, Lloyd, Breeland, Inabinett, Mack, Clyburn, Whipper, Limehouse, Rhoad, Knotts, Jennings, Spearman, Young-Brickell, Lee, Dantzler, Wilkes, Keegan and Hinson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. SIMRILL moved to table the motion.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Battle Beck Boan Brown, G. Brown, H. Campsen Canty Carnell Cato Davenport Delleney Easterday Edge Emory Fleming Gourdine Hamilton Harrell Harrison Hawkins Jordan Kirsh Klauber Koon Leach Littlejohn Loftis Martin McCraw McGee McLeod McMahand Meacham Moody-Lawrence Neal Neilson Rice Riser Robinson Sandifer Sharpe Simrill Smith, R. Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Askins Bailey Bauer Baxley Bowers Breeland Brown, J. Brown, T. Byrd Cave Chellis Clyburn Cobb-Hunter Cotty Cromer Dantzler Gamble Govan Harris Harvin Hines, J. Howard Jennings Keegan Kelley Kennedy Kinon Knotts Lanford Law Lee Limehouse Lloyd Mack Maddox Miller Mullen Phillips Quinn Rhoad Rodgers Scott Seithel Sheheen Smith, F. Smith, J. Spearman Stoddard Whatley Whipper Wilder Wilkes Young-Brickell
So, the motion to table was agreed to.
I missed the roll call vote to table the motion to recall H. 3256 because I was in the Blatt Building. Although I ran with great speed I simply could not get back in two minutes. If I had been present I would have voted to table Mr. Scott's motion to recall.
Rep. W. JEFFREY YOUNG
Rep. EASTERDAY moved to recall the following Bill from the Committee on Ways and Means.
H. 4889 -- Reps. Easterday, Allison, Altman, Bailey, Barrett, Baxley, Beck, Breeland, T. Brown, Cato, Chellis, Cromer, Edge, Fleming, Gamble, Hamilton, Harrell, A. Harris, Haskins, J. Hines, M. Hines, Jordan, Kelley, Kinon, Kirsh, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Loftis, Mason, McGee, McKay, McLeod, McMahand, McMaster, Moody-Lawrence, Neal, Neilson, Phillips, Rice, Riser, Robinson, Rodgers, Sandifer, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Stille, Stoddard, Tripp, Whatley, Whipper, Wilder, Wilkes, Woodrum, Young and Young-Brickell: A BILL TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON APPROPRIATIONS, SO AS TO REQUIRE GENERAL FUND SURPLUS REVENUES TO BE USED TO ACCELERATE REPAYMENT OF STATE CAPITAL IMPROVEMENT BONDS AND PAY CASH FOR PREVIOUSLY AUTHORIZED CAPITAL IMPROVEMENT BOND PROJECTS FOR WHICH BONDS HAVE NOT YET BEEN ISSUED, TO PROVIDE FOR THE PLAN FOR THE USE OF THE SURPLUS TO BE ADOPTED BY THE JOINT BOND REVIEW COMMITTEE AFTER RECEIVING THE RECOMMENDATIONS OF THE STATE TREASURER ON POTENTIAL INTEREST EXPENSE SAVINGS AND FORWARDED FOR IMPLEMENTATION TO THE STATE BUDGET AND CONTROL BOARD.
Rep. H. BROWN moved to table the motion.
Rep. EASTERDAY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barfield Boan Breeland Brown, H. Brown, J. Byrd Canty Clyburn Cobb-Hunter Dantzler Gourdine Govan Harvin Hawkins Hines, J. Hinson Howard Inabinett Keegan Kelley Klauber Law Lee Lloyd Mack Maddox McMahand Moody-Lawrence Quinn Rhoad Scott Sharpe Smith, R. Spearman Whipper Wilkins Witherspoon
Those who voted in the negative are:
Allison Altman Barrett Battle Bauer Baxley Beck Brown, G. Brown, T. Campsen Cato Chellis Cooper Cotty Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harris Jennings Kinon Kirsh Knotts Koon Lanford Leach Limehouse Littlejohn Loftis Martin McCraw McGee McLeod Meacham Mullen Neal Neilson Phillips Rice Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, F. Smith, J. Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Woodrum Young-Brickell
So, the House refused to table the motion.
The question then recurred to the motion to recall H. 4889 from the Committee on Ways and Means, which was agreed to.
Rep. G. BROWN moved to recall the following Bill from the Committee on Medical, Military, Public and Municipal Affairs.
H. 4877 -- Reps. Sharpe, Kirsh, G. Brown, Cooper and Beck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-253 SO AS TO REQUIRE THE STATE BOARD OF TECHNICAL EDUCATION TO ADMINISTER A CONTINUING EDUCATION PROGRAM FOR COSMETOLOGISTS AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE BOARD AND TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS PERTAINING TO COURSE PROVIDERS, INSTRUCTORS AND CONTENT.
Rep. NEAL moved to table the motion.
Rep. SHARPE demanded the yeas and nays, which were not ordered.
The motion to table was agreed to by a division vote of 47 to 39.
Rep. SHEHEEN moved to dispense with the balance of the Motion Period, which was agreed to by a division vote of 75 to 22.
Rep. KELLEY moved to adjourn debate upon the following Bill until Tuesday, April 28, which was adopted.
S. 1084 -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
Rep. KELLEY moved to adjourn debate upon the following Bill until Tuesday, April 28, which was adopted.
S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
Rep. SHEHEEN moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. WEBB, with unanimous consent, the following Resolution was taken up for immediate consideration:
H. 5076 -- Rep. Webb: A HOUSE RESOLUTION TO CONGRATULATE LARRY PENLEY, GOLF COACH OF CLEMSON UNIVERSITY, ON WINNING THE 1998 ACC CHAMPIONSHIP; BOB POLLOCK, MENS TRACK AND CROSS COUNTRY COACH OF CLEMSON UNIVERSITY, ON WINNING THE 1998 ACC CHAMPIONSHIP; AND TO WELCOME LARRY SHYATT, NEW BASKETBALL COACH OF CLEMSON UNIVERSITY AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THESE THREE CLEMSON UNIVERSITY COACHES ON TUESDAY, APRIL 28, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND WELCOMED.
Whereas, Larry Penley, Clemson University Golf Coach has coached Clemson to the 1998 ACC Golf Championship; and
Whereas, he has accomplished this each of the last two years and now has five ACC titles to his credit; and
Whereas, Coach Penley, in his fifteenth year at Clemson, guided the Clemson's Golf Team to a number three NCAA Tournament finish in 1997, which tied the highest ranking in Clemson history; and
Whereas, Coach Larry Penley coached NCAA Champion Charles Warren, Clemson's first NCAA Golf Champion. Charles Warren was also the ACC Champion in 1997 and in 1998, just the third back-to-back ACC Champion in tournament history; and
Whereas, Coach Penley was named ACC Coach of the Year in 1987, 1996, and 1997; and
Whereas, Bob Pollock, Clemson University Mens Track and Cross Country Coach, in his tenth year at Clemson, has won the 1998 Mens ACC Championship along with fourteen ACC Championships, more than any other coach in Clemson's history; and
Whereas, Coach Pollock has been chosen as ACC Coach of the Year fourteen times in his tenure, more than any other coach, also the most in Clemson's history; and
Whereas, Coach Bob Pollock was named NCAA District Coach of the Year for Indoor Track in 1998; and
Whereas, the Tiger Track Team won ACC Indoor and Outdoor Track Championships in 1997 and 1998; and
Whereas, Clemson ranked in the top twenty-five nationally in both sports in 1996-97 and the top five in the nation in 1997-98; and
Whereas, Larry Shyatt, Clemson University Mens Basketball Coach, was hired as Clemson's twentieth Head Basketball Coach on April 20, 1998; and
Whereas, Coach Shyatt came to Clemson after a very successful season at the University of Wyoming where he coached the Cowboy team to a 19-9 record, the best at the school in ten seasons; and
Whereas, Wyoming also was selected for the NIT, the first postseason tournament for Wyoming since 1990-91; and
Whereas, Coach Larry Shyatt served as Associate Head Coach at Clemson from 1994-97, with the Tiger Basketball Team posting a record of 58-34; and
Whereas, the members of the House of Representatives are delighted to welcome Coach Shyatt and his family back to South Carolina and look forward to making the Palmetto State their home for many years to come; and
Whereas, we are extremely proud to have this opportunity to honor the enormous achievements of Clemson University Coaches Larry Penley, Bob Pollock, and Larry Shyatt. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, congratulate Larry Penley, Golf Coach of Clemson University, on winning the 1998 ACC Championship; Bob Pollock, Mens Track and Cross Country Coach of Clemson University, on winning the 1998 ACC Championship; and welcome Larry Shyatt, new Basketball Coach of Clemson University and extend the privilege of the floor of the House of Representatives to these three Clemson Coaches on Tuesday, April 28, 1998, at a time to be determined by the Speaker for the purpose of being recognized and welcomed.
Be it further resolved that a copy of this resolution be presented to Coaches Larry Penley, Bob Pollock, and Larry Shyatt.
The Resolution was adopted.
On motion of Rep. SPEARMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 5077 -- 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 18, 1998, AND FRIDAY, JUNE 19, 1998.
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 18, 1998, and Friday, June 19, 1998, for its annual legislative activity. If either House is 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 agreed to and ordered sent to the Senate.
On motion of Rep. MARTIN, with unanimous consent, the following was taken up for immediate consideration:
H. 5078 -- Rep. Martin: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MAY 13, 1998, AS THE "SOUTH CAROLINA GENERAL ASSEMBLY WOMEN'S CAUCUS DAY" IN CELEBRATION OF THE SIXTIETH ANNIVERSARY OF THE NATIONAL ORDER OF WOMEN LEGISLATORS.
Whereas, the General Assembly proudly recognizes the women serving in our State Legislature for their accomplishments and contributions to their communities, counties, and the Palmetto State; and
Whereas, their knowledge, expertise, and wise leadership are valuable tools to carry South Carolina into the twenty-first century; and
Whereas, the members of the General Assembly, by this resolution, in order to publicly recognize these accomplishments and contributions, are desirous of declaring Wednesday, May 13, 1998, as the "South Carolina General Assembly Women's Caucus Day". Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina hereby declare Wednesday, May 13, 1998, as the "South Carolina General Assembly Women's Caucus Day" in celebration of the Sixtieth Anniversary of the National Order of Women Legislators.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5079 -- Reps. Byrd, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, 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, 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 CONGRATULATING THE REVEREND BARRY WRIGHT OF COLUMBIA ON HIS INSTALLATION AS PASTOR OF ST. JOHN BAPTIST CHURCH ON SUNDAY, APRIL 26, 1998, AND WISHING HIM CONTINUED SUCCESS AND HAPPINESS IN HIS OUTSTANDING MINISTRY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4378 -- Reps. Wilkins, Cotty, Whipper, Harrison, T. Brown, Knotts, Mason, Sandifer, Simrill, Stille, Stuart, Riser, Moody-Lawrence, Walker and Meacham: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1998" INCLUDING PROVISIONS TO ADD SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND TO PROVIDE THAT MAGISTRATES SERVING ON JULY 1, 1998, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 (B) AND (C) DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3826 -- Reps. J. Smith, Pinckney, Hodges and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-25 SO AS TO REQUIRE APPROPRIATIONS BY THE GENERAL ASSEMBLY TO VETERANS' ORGANIZATIONS TO INCLUDE AN APPROPRIATION IN A LIKE AMOUNT AND UNDER THE SAME TERMS AND CONDITIONS TO THE VIETNAM VETERANS OF AMERICA, INC., AND TO REQUIRE THIS APPROPRIATION TO BE IN ADDITION TO FUNDS PREVIOUSLY APPROPRIATED FOR VETERANS' ORGANIZATIONS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4959 -- Rep. Chellis: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, AND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION ELECTION AND THE TAXABLE INCOME EXCLUSION ALLOWED PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ELIMINATE THE ELECTION AND ALLOW AN ANNUAL DEDUCTION OF UP TO THREE THOUSAND DOLLARS OF RETIREMENT INCOME AND UP TO TEN THOUSAND DOLLARS BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS AGE SIXTY-FIVE, AND TO ALLOW AN ANNUAL DEDUCTION OF ELEVEN THOUSAND FIVE HUNDRED DOLLARS OF SOUTH CAROLINA TAXABLE INCOME BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS THE AGE OF SIXTY-FIVE YEARS REDUCED BY THE RETIREMENT INCOME DEDUCTION, TO PROVIDE FOR CLAIMING THIS DEDUCTION ON JOINT RETURNS, AND TO DELETE PROVISIONS RELATING TO THE POSTPONEMENT OF THE MAXIMUM DEDUCTION UNDER THE PRIOR LAW.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4570 -- Reps. Easterday, Simrill, Leach, Inabinett, Mason, McKay, Rodgers, Hamilton, R. Smith, Lloyd, Vaughn, Stille, Young, McGee, Koon, Moody-Lawrence, McMaster, Rice, Fleming and Bauer: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3069 -- Reps. Limehouse, Seithel, Bailey and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500 SO AS TO ALLOW A NONREFUNDABLE CREDIT AGAINST A TAXPAYER'S STATE INCOME TAX LIABILITY FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A QUALIFIED SOUTH CAROLINA FILM ENTERPRISE, TO PROVIDE DEFINITIONS, AND TO PROVIDE AN ADDITIONAL STATE CORPORATE INCOME TAX CREDIT FOR AMOUNTS INVESTED IN THE CONSTRUCTION OF A MOTION PICTURE PRODUCTION FACILITY IN THIS STATE.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4682 -- Reps. Cromer, Spearman and Young-Brickell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST LOTTERIES, SO AS TO AUTHORIZE THE STATE TO CONDUCT LOTTERIES AND TO PROVIDE THAT REVENUES GENERATED BY THE LOTTERY AFTER LOTTERY ADMINISTRATION EXPENSES AND PRIZES MUST BE USED FOR SCHOLARSHIPS FOR IN-STATE RESIDENTS TO ATTEND IN-STATE POST-SECONDARY INSTITUTIONS AND TO PROVIDE SCHOLARSHIP ELIGIBILITY REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1070 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 477 -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Rep. KOON, for the minority, submitted an unfavorable report, on:
S. 547 -- Senators Matthews, Patterson and Washington: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 30 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION, WHICH SHALL EXIST FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO PROVIDE A DEFINITION FOR COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-7-1255 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
Ordered for consideration tomorrow.
Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4728 -- Reps. Battle, Witherspoon, Barfield, M. Hines and Miller: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO RENAME THE GALIVANT'S FERRY PUBLIC BOAT LANDING IN MARION COUNTY AS THE JOSEPH W. HOLLIDAY BOAT LANDING.
H. 4894 -- Reps. Hawkins, Littlejohn, Wilkins, Wilder, Lee, Vaughn, Haskins, Allison, D. Smith, Fleming, Davenport and Lanford: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF REIDVILLE ROAD IN SPARTANBURG COUNTY FROM THE INTERSECTION OF MAIN STREET AND REIDVILLE ROAD IN THE CITY OF SPARTANBURG TO THE INTERSECTION OF INTERSTATE 26 AND REIDVILLE ROAD AS THE "JOHN B. WHITE, SR. BOULEVARD" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
H. 5057 -- Reps. Wilder, Carnell, McLeod and McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION OF INTERSTATE 385 AND UNITED STATES HIGHWAY 221 IN LAURENS COUNTY IN HONOR OF EUGENE C. STODDARD AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE REFLECTING THIS DESIGNATION.
H. 5067 -- Reps. Stuart, Webb, Riser, Witherspoon, 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, Emory, 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, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Whatley, Whipper, Wilder, Wilkes, Wilkins, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES C. HITE, ALUMNI PROFESSOR OF AGRICULTURAL AND APPLIED ECONOMICS AT CLEMSON UNIVERSITY AND SENIOR FELLOW AT THE STROM THURMOND INSTITUTE OF GOVERNMENT AND PUBLIC AFFAIRS, FOR HIS DISTINGUISHED CAREER AS A TEACHER, AUTHOR, CONSULTANT, AND CIVIC LEADER UPON THE OCCASION OF HIS RETIREMENT.
H. 5069 -- Reps. McMaster, Sandifer, Campsen, Woodrum, Cobb-Hunter, Whatley, Baxley, J. Hines, Beck, Neilson, Harrell, Littlejohn, Clyburn, Sheheen, Cave, Miller, Keegan, Robinson, Battle, Vaughn, M. Hines, Harrison, Bailey, Cotty, McMahand, Stille, J. Brown, McCraw, Young-Brickell, Law, Moody-Lawrence, Dantzler, Young, Klauber, Knotts, Barrett, Tripp, Kinon, J. Smith, Fleming, Chellis, McGee, Gourdine, Harvin and Wilkins: A CONCURRENT RESOLUTION TO COMMEND MRS. VIOLET W. FETNER FOR HER EXEMPLARY CAREER AS AN EMPLOYEE WITH THE UNITED STATES DEPARTMENT OF INTERIOR UPON HER RETIREMENT, TO COMMEND HER HUSBAND, MR. CHARLES W. FETNER, FOR HIS WORK AS A COMMUNITY AND CIVIC LEADER INCLUDING SERVICE ON THE FOREST ACRES CITY COUNCIL FOR OVER TWENTY YEARS, AND TO WISH THEM THE VERY BEST IN THEIR RETIREMENT.
At 11:10 A.M. the House in accordance with the motion of Rep. YOUNG-BRICKELL adjourned in memory of Wilma Venters of Charleston, to meet at 10:00 A.M. tomorrow.
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