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:
Gracious God, we spend so much time reliving yesterday or anticipating tomorrow that we lose sight of the only time that is really ours-the present moment. You have given us today, one moment at a time. Give us to know that every minute contains sixty seconds and we are to use every one to the fullest. Let us see others with Your eyes, and understanding with Your concern for each one.
We pray to our God Who is the Father of all mankind. 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. RHOAD moved that when the House adjourns, it adjourn in memory of Mrs. Harriet Bartell Ryan, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 2195
Promulgated By Department of Social Services
Statutory Authority: 1976 Code Section 43-1-80
Food Stamp Program
Received By Speaker February 5, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date June 5, 1998
The following was received.
Document No. 2103
Promulgated By Department of Revenue
Statutory Authority: 1976 Code Section 12-33-70
Temporary Beer, Wine & Alcoholic Liquor Permits
Received By Speaker January 17, 1997
Referred to House Committee on Judiciary
120 Day Review Expiration Date May 17, 1997
Permanently withdrawn February 6, 1998
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3842 (Word version) -- Reps. Wilkins, J. Smith, Baxley, McMaster, Beck, Hawkins, Delleney, Cromer, Davenport, Young-Brickell, Keegan, Allison, Fleming, Barfield, Jennings, Kelley, Loftis, Hamilton, Sharpe, Limbaugh, Mason, Sandifer, Meacham, McCraw, Hinson, Harrison, Knotts, Harrell, Simrill, Haskins, Cooper, Cato, Walker, Woodrum, Rodgers, Easterday, Klauber, Chellis, Mullen, Littlejohn, Stuart, Whatley, Trotter, Barrett, Hodges, Riser and Leach: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2, SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE PENALTY PROVISIONS AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 16-3-1075, RELATING TO FELONY CARJACKING, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-15-140, AS AMENDED, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS, AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE", AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR GOOD BEHAVIOR TO THREE DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR ANY CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT OF TWENTY YEARS OR MORE MUST COMPLETE NOT MORE THAN TWO YEARS OF COMMUNITY SUPERVISION AS A PART OF HIS SENTENCE, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR VIOLATING THE DRIVING UNDER THE INFLUENCE PROVISIONS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110, RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100, RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Ordered for consideration tomorrow.
The following was introduced:
H. 4592 (Word version) -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION AND GRATITUDE TO DR. THEODORE R. "TED" BROWN, VICE PRESIDENT FOR ADVANCEMENT AT PRESBYTERIAN COLLEGE IN CLINTON, SOUTH CAROLINA, FOR HIS CONTRIBUTIONS OF ENERGY, VISION, AND SKILL TO THE COLLEGE AND THE COMMUNITY FOR THE PAST TWELVE YEARS, AND TO WISH HIM THE GREATEST SUCCESS IN HIS NEW POSITION AS PRESIDENT OF MARTIN METHODIST COLLEGE IN PULASKI, TENNESSEE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 898 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION REQUESTING THE HONORABLE C. WESTON HOUCK, CHIEF JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA, TO PROVIDE FOR THE TRANSMITTAL TO THE CODE COMMISSIONER OF THIS STATE AN UNPUBLISHED FEDERAL OPINION DECIDED IN THE DISTRICT WHICH INVALIDATES OR AFFECTS THE INTERPRETATION OF A SOUTH CAROLINA STATUTE, ACT, CODE SECTION, OR RESOLUTION.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The Senate sent to the House the following:
S. 993 (Word version) -- Senators J. Verne Smith, Passailaigue, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE COMMISSIONER OF BASEBALL TO REINSTATE "SHOELESS JOE" JACKSON AS A MEMBER IN GOOD STANDING IN PROFESSIONAL BASEBALL.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4593 (Word version) -- Reps. Whipper, Breeland, J. Hines, Bailey, Cromer, Whatley, M. Hines, Lloyd, Gourdine, Mack, Govan, Cave, Scott, Byrd, Maddox, J. Brown, Inabinett, Neal, Littlejohn and Clyburn: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 SO AS TO PROVIDE PENALTIES FOR A PERSON CONVICTED OF A CRIME CONTAINED IN THIS CHAPTER WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN A PERSON BECAUSE OF HIS RACE, RELIGION, COLOR, SEX, AGE, OR NATIONAL ORIGIN; AND TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO REVISE THE PENALTIES FOR MALICIOUS INJURY TO REAL PROPERTY OFFENSES, AND TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO MALICIOUSLY INJURE PERSONAL OR REAL PROPERTY WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN THESE PERSONS.
Referred to Committee on Judiciary.
H. 4594 (Word version) -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF BREAM ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4595 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT IN THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER TO ESTABLISH SERVICE CREDIT FOR MILITARY SERVICE PERFORMED AFTER 1975 UPON MAKING THE PAYMENT REQUIRED TO ESTABLISH FEDERAL CIVILIAN SERVICE AND TO PROVIDE THAT OTHER LIMITATIONS ON ESTABLISHING SERVICE CREDIT FOR MILITARY SERVICE CONTINUE TO APPLY AND TO DELETE OBSOLETE PROVISIONS.
Referred to Committee on Ways and Means.
H. 4596 (Word version) -- Reps. Harrison and Cromer: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO MEET AT SUCH TIMES AS IT CONSIDERS NECESSARY.
Referred to Committee on Judiciary.
H. 4597 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT UPON EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH PROCEEDINGS FOR REVIEW OF FINAL DECISIONS FROM THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER AGENCIES SHALL BE CONDUCTED INCLUDING A PROVISION THAT APPEALS FROM FINAL DECISIONS OF AN ADMINISTRATIVE LAW JUDGE SHALL BE TO THE SUPREME COURT; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THOSE CASES WHICH SHALL BE HEARD BY THE ADMINISTRATIVE LAW JUDGE DIVISION, THE MANNER IN WHICH THESE CASES SHALL BE HEARD, AND FOR THE PROCEDURES TO BE FOLLOWED IN THESE CASES; AND TO AMEND SECTION 1-23-610, RELATING TO QUASI JUDICIAL AND JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE MANNER OF JUDICIAL REVIEW OF FINAL DECISIONS OF AN ADMINISTRATIVE LAW JUDGE INCLUDING A PROVISION THAT AN APPEAL AFTER REQUIRED AGENCY OR BOARD REVIEWS, IF ANY, MUST BE TAKEN TO THE SUPREME COURT.
Referred to Committee on Judiciary.
H. 4598 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW JUDGES BEING BOUND BY THE CODE OF JUDICIAL CONDUCT; TO AMEND SECTION 2-17-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO LOBBYISTS AND LOBBYING; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO ETHICS AND GOVERNMENT ACCOUNTABILITY; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO PROVIDE THAT ADMINISTRATIVE LAW JUDGES SHALL BE SUBJECT TO THE CODE OF JUDICIAL CONDUCT AND EXEMPT FROM ETHICS PROVISIONS OF LAW APPLICABLE TO PUBLIC OFFICIALS, AND TO FURTHER PROVIDE FOR THE SPECIFIC COURT RULES APPLICABLE TO THE ADMINISTRATIVE LAW JUDGE AND EMPLOYEES OF THE ADMINISTRATIVE LAW JUDGE DIVISION.
Referred to Committee on Judiciary.
H. 4599 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROHIBIT A PERSON OR HIS PERSONAL REPRESENTATIVE FROM FILING A CIVIL ACTION FOR PERSONAL INJURY DAMAGES OR WRONGFUL DEATH ARISING OUT OF CRIMINAL ACTIVITY COMMITTED BY THE PERSON.
Referred to Committee on Judiciary.
S. 477 (Word version) -- 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.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4600 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO COMMEND ANDREW RICHBOURG OF WEST COLUMBIA AND A STUDENT AT AIRPORT HIGH SCHOOL FOR HIS SELECTION AS A DISTINGUISHED FINALIST IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM IN RECOGNITION OF HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4601 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO COMMEND LAUREN LUCAS OF LEXINGTON COUNTY AND A STUDENT AT BROOKLAND-CAYCE HIGH SCHOOL FOR HER SELECTION AS ONE OF TWO TOP YOUTH VOLUNTEERS IN SOUTH CAROLINA FOR 1998 AND TO CONGRATULATE HER ON HER RECEIPT OF THE SILVER MEDALLION FROM THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
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, G. Brown, H. Brown, J. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hines, J. Hines, M. 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 Neilson Phillips Rhoad Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, February 10.
Rex Fontaine Rice John David Hawkins Joseph H. Neal John G. Felder Jackson S. Whipper Harry R. Askins Lynn Seithel Richard M. Quinn, Jr. Theodore A. Brown
The SPEAKER granted Rep. CANTY a leave of absence for the week to attend a Pastor's Convention in Nevada.
The SPEAKER granted Rep. PINCKNEY a leave of absence for the day.
Announcement was made that Dr. Oswald L. Mikell of Beaufort is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4591 (Word version) -- Reps. Spearman, McAbee and Clyburn: A BILL TO AMEND ACT 1139 OF 1968, RELATING TO THE SCHOOL BOARD OF TRUSTEES IN SALUDA COUNTY, SO AS TO DELETE A PROVISION WHICH REQUIRES THE SCHOOL BUDGET AND TAX LEVY TO BE SUBJECT TO THE APPROVAL OF A MAJORITY OF THE COUNTY COMMISSIONERS RESIDING IN SCHOOL DISTRICT NO. 1.
H. 4364 (Word version) -- Reps. Cato, Knotts, Littlejohn, Mason, Stille, Vaughn and Hinson: 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. WILDER explained the Bill.
H. 4423 (Word version) -- Reps. Harrell, Wilkins, Haskins, Allison, Altman, Barfield, Barrett, Bauer, Beck, Boan, Bowers, H. Brown, J. Brown, Byrd, Campsen, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Hamilton, A. Harris, Harrison, Hawkins, Hinson, Jennings, Jordan, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Littlejohn, Loftis, Martin, Mason, McAbee, McGee, Quinn, McKay, McMaster, Meacham, Moody-Lawrence, Mullen, Neilson, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, D. Smith, R. Smith, Spearman, Stille, Stuart, Townsend, Tripp, Vaughn, Walker, Webb, Young, Young-Brickell, Kinon and Woodrum: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SINE DIE ADJOURNMENT DATE IS SHORTENED BY ONE STATEWIDE LEGISLATIVE DAY FOR EACH STATEWIDE DAY BEFORE MARCH THIRTY-FIRST THAT THE ANNUAL GENERAL APPROPRIATIONS ACT IS GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES.
Rep. HARRELL explained the Bill.
H. 4467 (Word version) -- Rep. Klauber: A BILL TO AMEND SECTION 35-1-1590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING THE UNIFORM SECURITIES ACT, SO AS TO CREATE CERTAIN FELONY OFFENSES AND PENALTIES AND REVISE THE PENALTY FOR THE EXISTING MISDEMEANOR OFFENSE.
Rep. KLAUBER explained the Bill.
Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, February 11, which was adopted.
H. 3013 (Word version) -- Reps. Kirsh, Meacham, Lloyd and Beck: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER FROM TAKING THE CONTINUING EDUCATION COURSES.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Tuesday, February 17, which was adopted.
S. 567 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
The following Bill was taken up.
S. 89 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15394AC.98), which was adopted.
Amend the bill, as and if amended, Section 20-4-70(A), by adding at the end:
/If the parties reconcile, the issuing court may grant an order of dismissal without a hearing if the petitioner receiving the order of protection to be dismissed appears personally at the offices of the issuing court, shows proper identification, and signs a written request to dismiss based on the reconciliation. /. So when amended, Section 20-4-70 reads:
"Section 20-4-70. (A) An order of protection issued under Section 20-4-60 must be for a fixed time not to exceed less than six months nor more than one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended or terminated by order of the court upon motion by either party showing good cause with notice to the other party. A respondent has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire. If the parties reconcile, the issuing court may grant an order of dismissal without a hearing if the petitioner receiving the order of protection to be dismissed appears personally at the offices of the issuing court, shows proper identification, and signs a written request to dismiss based on the reconciliation."
Renumber sections to conform.
Amend 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.
The following Bill was taken up.
H. 4355 (Word version) -- Reps. Fleming, Haskins, Leach, Meacham, Sandifer and Walker: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO CHILD DAYCARE FACILITIES AND TO DEFINE "CHILD DAYCARE FACILITIES".
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21140HTC.98), which was adopted.
Amend the bill, as and if amended, by striking Section 61-6-120(A) as contained in SECTION 1, page 2, and inserting:
/(A) The department shall not grant or issue any license provided for in this article or Article 7 of this chapter, if the place of business is within three hundred feet of any church, school, child day care facility, or playground situated within a municipality or within five hundred feet of any church, school, child day care facility, or playground situated outside of a municipality. Such distance shall must be computed by following the shortest route of ordinary and legal pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, child day care facility, or playground, which, as used herein in this section, shall be is defined as follows:
(1) 'church', an establishment, other than a private dwelling, where religious services are usually conducted;
(2) 'school', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and
(3) 'playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation; and
(4) 'child day care facility', an establishment required to be licensed pursuant to Subarticle 11, Article 13, Chapter 7 of Title 20, and includes such facilities for which licensing is voluntary.
The above restrictions do not apply to the renewal of licenses, and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department, or to new applications for locations if the church, school, child day care facility, or playground moved to a location within the prohibited distance during a prior period of licensure./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. COTTY proposed the following Amendment No. 2 (Doc Name P:\AMEND\JIC\5234HTC.98), which was adopted.
Amend the bill, as and if amended, page 4355-2, by striking lines 11 and 12 and inserting:
/facility, or playground moved within the prohibited distance while the location was licensed and the new application is filed within one year of the end of the licensing period for the previous license./
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. FLEMING proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\21149MM.98), which was adopted.
Amend the bill, as and if amended, by striking Section 61-6-120(A)(4) as contained in SECTION 1, page 2, lines 4-6, and inserting:
/(4) 'child day care facility', an establishment required to be licensed or registered pursuant to Subarticle 11, Article 13, Chapter 7 of Title 20, and includes such facilities for which licensing is voluntary./
Renumber sections to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING 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. 4577 (Word version) -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.
Reps. H. BROWN, McKAY, WOODRUM, YOUNG, BARRETT, SANDIFER, HAWKINS, TROTTER, BAILEY, LAW, RISER, CLYBURN, LOFTIS, SHARPE, R. SMITH, CATO, LEACH, HAMILTON, WALKER, CAMPSEN, ALTMAN, MASON and LANFORD requested debate on the Bill.
Rep. SCOTT, with unanimous consent, withdrew his request for debate on H. 4303 (Word version); however, other requests for debate remained upon the Bill.
Rep. SCOTT asked unanimous consent to recall H. 3054 (Word version) from the Committee on Education and Public Works.
Rep. LOFTIS objected.
Rep. GOVAN, with unanimous consent, withdrew his request for debate on H. 4115; however, other request for debate remained upon the Bill.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 4303 (Word version) -- Reps. Inabinett, Govan, Jordan, Maddox, Cromer, Kennedy, Whipper, Campsen, Tripp, Jennings, J. Hines, Breeland, Cobb-Hunter, Robinson, Pinckney, Neal, Miller, Cotty, Baxley and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING MARRIAGE OF WHITES AND NEGROES UNLAWFUL.
The following was introduced:
H. 4602 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4577, RELATING TO VIDEO GAME MACHINES, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, FEBRUARY 11, 1998, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4577 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.4577, relating to video game machines, is set by special order for second reading or other consideration on Wednesday, February 11, 1998, immediately following the call of the uncontested calendar, and continuing on each legislative day after Wednesday, February 11, 1998, immediately following the call of the uncontested calendar until H.4577 is given third reading or it is otherwise disposed of.
Rep. D. SMITH explained the Resolution.
Rep. SCOTT moved to table the Resolution.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, J. Cave Cobb-Hunter Dantzler Hines, J. Hines, M. Hinson Howard Inabinett Kelley Knotts Lee Lloyd Mack Moody-Lawrence Neal Scott
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, G. Brown, H. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Cromer Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Jennings Keegan Kennedy Kinon Kirsh Klauber Lanford Law Leach Limehouse Loftis Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to.
Rep. H. BROWN moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Beck Boan Brown, H. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Fleming Gamble Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Jennings Keegan Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin Mason McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Cromer Davenport Felder Hines, J. Hines, M. Kelley Lee Mack McAbee Miller Scott Seithel Wilkes
So, the motion was agreed to.
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following: H. 4291 (Word version) -- Reps. Rice and Robinson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 123 TO THE GREENVILLE COUNTY LINE IN HONOR OF JOE ANDERS.
H. 4592 (Word version) -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION AND GRATITUDE TO DR. THEODORE R. "TED" BROWN, VICE PRESIDENT FOR ADVANCEMENT AT PRESBYTERIAN COLLEGE IN CLINTON, SOUTH CAROLINA, FOR HIS CONTRIBUTIONS OF ENERGY, VISION, AND SKILL TO THE COLLEGE AND THE COMMUNITY FOR THE PAST TWELVE YEARS, AND TO WISH HIM THE GREATEST SUCCESS IN HIS NEW POSITION AS PRESIDENT OF MARTIN METHODIST COLLEGE IN PULASKI, TENNESSEE.
H. 4600 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO COMMEND ANDREW RICHBOURG OF WEST COLUMBIA AND A STUDENT AT AIRPORT HIGH SCHOOL FOR HIS SELECTION AS A DISTINGUISHED FINALIST IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM IN RECOGNITION OF HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.
H. 4601 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO COMMEND LAUREN LUCAS OF LEXINGTON COUNTY AND A STUDENT AT BROOKLAND-CAYCE HIGH SCHOOL FOR HER SELECTION AS ONE OF TWO TOP YOUTH VOLUNTEERS IN SOUTH CAROLINA FOR 1998 AND TO CONGRATULATE HER ON HER RECEIPT OF THE SILVER MEDALLION FROM THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM.
At 12:45 P.M. the House in accordance with the motion of Rep. RHOAD adjourned in memory of Mrs. Harriet Bartell Ryan, to meet at 10:00 A.M. tomorrow.
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