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:
Lord God, open our ears that we might hear You; open our hearts that we might feel You; open our minds so that we might know You; open our eyes so that we might see You in the faces of others, that we might help them; might receive them with greater compassion and understanding. God forbid that we should possess an unresponsive attitude. May we always be a credit to our Country and to our Country's God. 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. HAYES moved that when the House adjourns, it adjourn in memory of Kinsey Taylor Sink, which was agreed to.
The following was received:
Columbia, S.C., January 13, 2000
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. 764 :
S. 764 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., January 13, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 by a vote of 7 to 20.
Part II - Permanent Statutes
Veto #8. Page II-32, Section 21 - SC Transportation Infrastructure Bank.
(R200) H. 3696 -- Ways and Means Committee: General Appropriations Bill.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., January 13, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3696, R. 200 by a vote of 45 to 0.
Part II - Permanent Statutes
Veto #12. Page II-67, Section 68 - Countywide Reassessment.
(R200) H. 3696 -- Ways and Means Committee: General Appropriations Bill.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., January 13, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3696, R. 200 by a vote of 45 to 0.
Part II - Permanent Statutes
Veto #17. Page II-91, Section 103 - Penalties for driving without license.
(R200) H. 3696 -- Ways and Means Committee: General Appropriations Bill.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., January 13, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators HOLLAND, MARTIN and RUSSELL of the Committee of Free Conference on the part of the Senate on H. 3705 :
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., January 13, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3705 :
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Very respectfully,
President
Received as information.
The following were received and referred to the appropriate committees for consideration:
Document No. 2475
Agency: South Carolina State Library
Statutory Authority: 1976 Code Section 60-1-80(b)
Use of State Aid Funds
Received by Speaker of the House of Representatives
January 13, 2000
Referred to Education and Public Works Committee
Legislative Review Expiration May 12, 2000
Document No. 2438
Agency: Public Service Commission
Statutory Authority: 1976 Code Section 58-3-140
Appearance Bond
Received by Speaker of the House of Representatives
January 14, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 13, 2000
The following was introduced:
H. 4446 (Word version) -- Reps. Robinson and Rice: A HOUSE RESOLUTION CONGRATULATING MRS. FLOY GENEVA STANCIL MASSINGALE OF PICKENS COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY JANUARY 23, 2000, AND JOINING FIVE GENERATIONS OF HER FAMILY IN CELEBRATING HER LONG AND FULL LIFE.
The Resolution was adopted.
The following was introduced:
H. 4447 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF A DEAR FRIEND, RESPECTED LEADER, AND FORMER CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JAMES WOODROW LEWIS, OF DARLINGTON.
Whereas, James Woodrow Lewis was born in Darlington County on March 8, 1912, the son of the late William Joseph and Mary Althea Bryant Lewis; and
Whereas, James Woodrow Lewis attended and was graduated from the University of South Carolina in 1932, and was admitted to the practice of law in South Carolina in 1935; and
Whereas, James Woodrow Lewis was married to Alice Lee Lewis on December 26, 1936, and thereafter began a life-long career of law and public service. He served as a member of the South Carolina Highway Commission from 1936 to 1940, and served terms as a member of the South Carolina House of Representatives from 1935 to 1936, and from 1943 to 1945. He was elected Judge of the Fourth Judicial Circuit on April 26, 1945, and served continuously as a circuit judge until February 21, 1961, at which time he was elected Associate Justice of the South Carolina Supreme Court. Justice Lewis was elected Chief Justice of the South Carolina Supreme Court on January 21, 1975, to fill the unexpired term of Chief Justice Joseph R. Moss who retired on July 15, 1975, and served as Chief Justice until his own retirement in 1984; and
Whereas, during his tenure as Chief Justice of the Supreme Court, Justice Lewis headed a task force that proposed sweeping judicial reform in South Carolina. Known for his vision and personal integrity, Justice Lewis worked tirelessly and persuasively for passage of the 1973 Judicial Reform Act that required a constitutional amendment to establish a modern court system. Thereafter, as Chief Justice, he was responsible for oversight of the entire unified court system in South Carolina. He implemented sweeping reforms to modernize the court system at all levels and made judicial reform a reality so as to better serve the needs of litigants, the interests of justice, the legal profession, and the beloved people of his native State; and
Whereas, during his career James Woodrow Lewis helped found and was one of the original founding members of the Board of Directors of the Darlington County Bank. He was also a founding member of the Darlington County Rotary Club and a life-long member of Swift Creek Baptist Church where he served many years as a Sunday school teacher. Justice Lewis is buried in the cemetery of Swift Creek Baptist Church. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, express the deepest sympathy of the members of the General Assembly upon the death of a dear friend, respected leader, and former Chief Justice of the South Carolina Supreme Court, the Honorable James Woodrow Lewis, of Darlington.
Be it further resolved that a copy of this resolution be forwarded to his daughter, Mrs. Barbara Lewis Haynes, of Columbia.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 1019 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 9, 2000, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2006; TO ELECT A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 5, WHOSE TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2000.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 9, 2000, at 12:00 noon to elect a successor to the Honorable Jean Hoefer Toal, Associate Justice of the Supreme Court, Seat 2, whose unexpired term expires July 31, 2006; to elect a successor to the Honorable E.C. Burnett III, Associate Justice of the Supreme Court, Seat 5, whose term expires July 31, 2000; to elect a successor to the Honorable Kaye G. Hearn, Judge of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 2001; to elect a successor to the Honorable Thomas E. Huff, Judge of the Court of Appeals, Seat 8, whose term expires June 30, 2000; to elect a successor to the Honorable Howard P. King of the Third Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable Edward B. Cottingham of the Fourth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable L. Casey Manning of the Fifth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable Donald W. Beatty of the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable James W. Johnson, Jr. of the Eighth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable Daniel F. Pieper of the Ninth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable Alexander S. Macaulay of the the Tenth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable William P. Keesley of the Eleventh Judicial Circuit, Seat 1, whose term expires June 30, 2000; to elect a successor to the Honorable Marc H. Westbrook of the Eleventh Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable B. Hicks Harwell, Jr. of the Twelfth Judicial Circuit, Seat 1, whose term expires June 30, 2000; to elect a successor to the Honorable C. Victor Pyle, Jr. of the Thirteenth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable Gerald C. Smoak, Sr. of the Fourteenth Judicial Circuit, Seat 1, whose term expires June 30, 2000; to elect a successor to the Honorable Robert H. Cureton of the Family Court of the Tenth Judicial Circuit, Seat 2, whose unexpired term expires June 30, 2004; to elect a successor to the Honorable John S. Flynn of the Family Court of the Sixteenth Judicial Circuit, Seat 1, whose term expired June 30, 1998; to elect a successor to the Honorable Carolyn C. Matthews of the Administrative Law Judge Division, Seat 3, whose term expires June 30, 2000; and to elect a successor to the Honorable John D. Geathers of the Administrative Law Judge Division, Seat 4, whose term expires June 30, 2000.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1022 (Word version) -- Senators Washington, Passailaigue, McConnell, Ravenel, Branton and Grooms: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE HONORABLE RICHARD E. FIELDS OF CHARLESTON COUNTY ON THE OCCASION OF A RECEPTION SPONSORED BY THE 100 BLACK MEN OF CHARLESTON, THE CHARLESTON LAWYERS CLUB, THE CHARLESTON COUNTY BAR ASSOCIATION, AND THE BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., TO RECOGNIZE HIS OUTSTANDING ACHIEVEMENTS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1023 (Word version) -- Senators Courtney, Reese and Russell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE 85 WHICH IS COMMONLY KNOWN AS BUSINESS I-85 IN SPARTANBURG COUNTY AS THE "VETERANS PARKWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE INTERSTATE CONTAINING THE WORDS "VETERANS PARKWAY" IN HONOR OF THE NUMEROUS CONTRIBUTIONS OF THE MANY SPARTANBURG CITIZENS WHO HAVE HONORABLY SERVED IN THE SEVERAL BRANCHES OF THE ARMED FORCES OF THE UNITED STATES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1024 (Word version) -- Senators Courtney, Reese and Russell: A CONCURRENT RESOLUTION TO RECOGNIZE SPARTANBURG COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE FEBRUARY 15, 2000, AS "SPARTANBURG COUNTY DAY" IN SOUTH CAROLINA.
Whereas, the population of Spartanburg County has grown over ten percent during the past ten years from 226,000 in 1990 to an estimated 250,100 this year; and
Whereas, Spartanburg County is the home of BMW Manufacturing Corporation which began production at its first North American assembly plant in Spartanburg in September, 1994, and from which the famous Z3 Roadster is manufactured and distributed; and
Whereas, Spartanburg County is the home to more than one hundred other international firms representing sixteen countries and is noteworthy as having the highest per capita international investment of any area in the country; and
Whereas, more than five hundred manufacturing firms call Spartanburg County home; and while the textile industry is still a major component in the industrial community, the county has diversified its economy to add automotive and automotive-related industry, food processing and packaging, metal working and stamping among its wide array of industries; and
Whereas, Spartanburg County is also the headquarters of Advantica Corporation, parent company to Denny's, El Pollo Loco, and City Range restaurants; and
Whereas, Spartanburg County is South Carolina's "melting pot", blending Southern culture with dashes and dollops of German, Swiss, Japanese, Indian, Asian, British, and a myriad of other influences which create a population center filled with cultural and international diversity; and
Whereas, Spartanburg County offers an excellent environment for working, living, and playing; it has a county council with six members elected from single-member districts and a chairman elected at-large; its largest city is Spartanburg with a population of over fifty thousand, and the county is home to thirteen other municipalities with their own elected councils and mayors; and
Whereas, Spartanburg County offers excellent educational opportunities for all of its citizens; it has forty-one public elementary schools, fourteen public middle or junior high schools, nine public high schools, four private schools, and three vocational schools; the colleges and universities located within the county borders include Converse College, Sherman College of Straight Chiropractic, Spartanburg Methodist College, Spartanburg Technical College, Wofford College, and the University of South Carolina-Spartanburg; the South Carolina School for the Deaf and Blind and the Charles Lea Center also serve the state's citizens from their Spartanburg County locations; and
Whereas, Wofford College in Spartanburg County is the home of the National Football League's Carolina Panthers Training Camp; and
Whereas, Spartanburg County is the proud home of the "Miss South Carolina Pageant" held in July of every year; and
Whereas, Spartanburg County enjoys thirty-five parks, five golf courses, historical sites, and many other cultural and recreational opportunities. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly hereby recognize Spartanburg County for its many accomplishments and declare February 15, 2000, as "Spartanburg County Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Spartanburg County Chamber of Commerce.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 1033 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 19, 2000, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Be it resolved by the Senate, the House of Representatives concurring:
That His Excellency, James H. Hodges, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 19, 2000, in the Chamber of the South Carolina House of Representatives.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. HOWARD, with unanimous consent, the following was taken up for immediate consideration:
H. 4452 (Word version) -- Reps. Howard, Quinn and Cobb-Hunter: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO INEZ TENENBAUM, STATE SUPERINTENDENT OF EDUCATION; CHARLES MOON, CHAIRMAN OF THE SOUTH CAROLINA COMMISSION ON NATIONAL AND COMMUNITY SERVICE; AND KATHY CARTER, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON NATIONAL AND COMMUNITY SERVICE ON WEDNESDAY, JANUARY 26, 2000, AT 10:30 A.M., FOR THE PURPOSE OF EXPRESSING OUR APPRECIATION TO THE SOUTH CAROLINA AMERICORPS FOR FIVE YEARS OF OUTSTANDING ACCOMPLISHMENTS AND SERVICE TO THE COMMUNITIES OF SOUTH CAROLINA.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to Inez Tenenbaum, State Superintendent of Education; Charles Moon, Chairman of the South Carolina Commission on National and Community Service; and Kathy Carter, Executive Director of the South Carolina Commission on National and Community Service on Wednesday, January 26, 2000, at 10:30 a.m., for the purpose of expressing our appreciation to the South Carolina AmeriCorps for five years of outstanding accomplishments and service to the communities of South Carolina.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4448 (Word version) -- Reps. Witherspoon and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-225 SO AS TO PROVIDE THAT A BOAT ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS ON IT IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES.
Referred to Committee on Ways and Means
H. 4449 (Word version) -- Reps. Rutherford and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-75 SO AS TO REQUIRE STUDENTS IN PUBLIC SCHOOLS, BEGINNING WITH SCHOOL YEAR 2000-2001 FOR STUDENTS IN GRADES K-5 AND ON A PHASED IN BASIS AFTER THAT FOR OTHER STUDENTS, TO ADDRESS SCHOOL EMPLOYEES IN A RESPECTFUL MANNER BY USING SPECIFIC TERMS, AND TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES SHALL INCORPORATE THE ABOVE INTO EXISTING DISCIPLINARY POLICIES.
Referred to Committee on Education and Public Works
H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law and Stuart: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
Referred to Committee on Labor, Commerce and Industry
H. 4451 (Word version) -- Reps. Harrison, Campsen, Dantzler, Loftis, Riser, Rodgers, Sandifer, Vaughn and Young-Brickell: A BILL TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAXES, BY ADDING ARTICLE 4 SO AS TO ENACT THE "HOMESTEAD PROPERTY TAX DEFERRAL FOR THE ELDERLY ACT" AND PROVIDE FOR ITS OPERATION AND TO AMEND SECTION 12-45-70, AS AMENDED, RELATING TO THE DUE DATE FOR PROPERTY TAXES, SO AS TO EXCLUDE FROM THAT DATE TAXES DEFERRED UNDER THIS ACT.
Referred to Committee on Ways and Means
H. 4453 (Word version) -- Reps. McGee and McKay: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.
Referred to Committee on Education and Public Works
H. 4454 (Word version) -- Reps. McGee and McKay: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO DISABLED AMERICAN VETERANS, SO AS TO SUBSTITUTE THE TERM "PLATE" FOR THE TERM "TAG", AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ISSUE A STICKER THAT MUST BE ATTACHED TO THIS LICENSE PLATE THAT ALLOWS A DISABLED AMERICAN VETERAN TO PARK IN A HANDICAPPED PARKING PLACE WITHOUT BEING SUBJECT TO A PARKING FEE OR FINE.
Referred to Committee on Education and Public Works
S. 943 (Word version) -- Senators Mescher, Passailaigue, Grooms and Branton: A BILL TO AMEND SECTION 2 OF ACT 1093 OF 1966, AS LAST AMENDED BY ACT 603 OF 1971, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION IN BERKELEY COUNTY, SO AS TO FURTHER PROVIDE FOR MEMBERSHIP ON THE COMMISSION.
Referred to Berkeley Delegation
The roll call of the House of Representatives was taken resulting as follows:
Altman Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Carnell Cato Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, January 18.
Chip Campsen C. Alex Harvin III Thomas Rhoad Converse Chellis III Bessie Moody-Lawrence Chuck Allen Rita Allison Tim Wilkes Lynn Seithel Ted Brown Doug Jennings
LEAVE OF ABSENCE
The SPEAKER granted Rep. CANTY a leave of absence for the week to attend a Board of Directors meeting of the Progressive National Baptist Convention.
Announcement was made that Dr. James N. Mock of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4342 (Word version)
Date: ADD:
01/18/00 RODGERS
Bill Number: H. 4339 (Word version)
Date: ADD:
01/18/00 RODGERS
Bill Number: H. 4336 (Word version)
Date: ADD:
01/18/00 RODGERS
Bill Number: H. 4320 (Word version)
Date: ADD:
01/18/00 RODGERS
Bill Number: H. 4317 (Word version)
Date: ADD:
01/18/00 RODGERS
Bill Number: H. 4290 (Word version)
Date: ADD:
01/18/00 RODGERS
Bill Number: H. 4382 (Word version)
Date: ADD:
01/18/00 WHATLEY
Bill Number: H. 4382 (Word version)
Date: ADD:
01/18/00 RISER
Bill Number: H. 4382 (Word version)
Date: ADD:
01/18/00 HARRELL
Bill Number: H. 4382 (Word version)
Date: ADD:
01/18/00 TRIPP
Bill Number: H. 4290 (Word version)
Date: ADD:
01/18/00 HAMILTON
Bill Number: H. 4290 (Word version)
Date: ADD:
01/18/00 LEACH
Bill Number: H. 4338 (Word version)
Date: ADD:
01/18/00 RODGERS
Bill Number: H. 4277 (Word version)
Date: ADD:
01/18/00 MEACHAM-RICHARDSON
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4422 (Word version) -- Reps. D. Smith and Littlejohn: A BILL TO AMEND ACT 178 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE CONVERSE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL OF THE DISTRICT FROM THREE TO FIVE MEMBERS.
H. 3786 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR CONDUCTING A PARTY PRIMARY AND THE CERTIFICATION OF CANDIDATES PLACED ON PRIMARY BALLOTS, SO AS TO REQUIRE CANDIDATES TO BE CERTIFIED IN WRITING, ADD SATURDAY TO SUNDAY AS A DEADLINE FOR CERTIFICATION WHICH WOULD BE MOVED TO THE FOLLOWING MONDAY IF IT FELL ON THOSE DAYS, REQUIRE THE WRITTEN CERTIFICATION TO VERIFY THE QUALIFICATIONS OF A CANDIDATE, REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE EACH PARTY WITH AN AFFIDAVIT WHICH MUST BE USED TO CERTIFY A CANDIDATE, AND PROVIDE A PENALTY FOR FAILURE TO FILE OR FOR KNOWINGLY FALSIFYING AN AFFIDAVIT.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 840 (Word version) -- Senators Elliott and Ravenel: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE.
S. 493 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 40-13-5, 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.
S. 126 (Word version) -- Senators Passailaigue and Elliott: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WITHIN FIFTEEN DAYS OF THE RETURN OF A TRUE BILL OF AN INDICTMENT BY A GRAND JURY FOR A CRIME WHEREIN THE VICTIM WAS EXPOSED TO BLOOD OR VAGINAL OR SEMINAL OR OTHER BODY FLUIDS OR SECRETIONS OF THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER THE SOLICITOR SHALL MAKE A MOTION AND THE COURT SHALL ORDER THAT THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER SHALL BE TESTED FOR HEPATITIS B AND ALL SEXUALLY TRANSMITTED DISEASES INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV), THE VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND TO PROVIDE THAT THE RESULTS OF SUCH TESTING BE REVEALED ONLY TO THE VICTIM, THE VICTIM'S PARENT(S) OR LEGAL GUARDIAN(S) OR REPRESENTATIVE OR ATTORNEY UNTIL THE ALLEGED OFFENDER OR ALLEGED JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4275 (Word version) -- Rep. Battle: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 15, 16, AND 17, 1999, BY THE STUDENTS OF MARION COUNTY SCHOOL DISTRICT NUMBER 2, THE MULLINS SCHOOL DISTRICT, DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF HURRICANE FLOYD ARE EXEMPTED FROM THE STATUTORY MAKE-UP REQUIREMENT.
H. 4328 (Word version) -- Rep. Battle: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF MARION COUNTY SCHOOL DISTRICTS NUMBER 1, 3, AND 4 DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF HURRICANE FLOYD ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO THE EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The motion of Rep. D. SMITH to reconsider the vote whereby the following Bill was given a third reading was taken up:
H. 4267 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
Rep. D. SMITH moved to adjourn debate on the motion to reconsider, which was agreed to.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 372 (Word version) -- Senators Anderson and Glover: A BILL TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT, SO AS TO EXEMPT CERTAIN OFFENSES WHICH PROHIBIT AN INDIVIDUAL FROM BEING EMPLOYED AS A DAY CARE WORKER.
The following Concurrent Resolution was taken up:
H. 4414 (Word version) -- Reps. Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE 85 WHICH IS COMMONLY KNOWN AS BUSINESS I-85 IN SPARTANBURG COUNTY AS THE "VETERANS PARKWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE INTERSTATE CONTAINING THE WORDS "VETERANS PARKWAY" IN HONOR OF THE NUMEROUS CONTRIBUTIONS OF THE MANY SPARTANBURG CITIZENS WHO HAVE HONORABLY SERVED IN THE SEVERAL BRANCHES OF THE ARMED FORCES OF THE UNITED STATES.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, in recognition of the numerous contributions of the many Spartanburg citizens who have honorably served in the several branches of this country's armed forces, request that the Department of Transportation name the portion of Interstate 85 which is commonly known as Business I-85 in Spartanburg County as the "Veterans Parkway" and install appropriate markers or signs at places along the interstate the department considers advisable containing the words "Veterans Parkway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. DAVENPORT.
Rep. BREELAND moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown, H. Brown, J. Carnell Cato Chellis Clyburn Cooper Dantzler Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Keegan Kelley Kennedy Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Parks Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. BREELAND, LOURIE and BALES to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 6/3/99--S.) Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Section 25-11-40 of the 1976 Code, as last amended by Section 486 of Act 181 of 1993, is further amended to read:
"Section 25-11-40. (A) For the purpose of this section, 'veteran' means a person who served on active duty for a period of more than one hundred eighty days and was discharged or released from such active duty with an honorable discharge or, if one hundred eighty days or less, was discharged or released from service active duty because of service-connected disability.
Subject to the recommendation of a majority of the Senators representing the county and a majority of the House members representing the county, the Director of the Division of Veterans' Veterans Affairs shall appoint a county veterans affairs officer for each county in the State, whose terms term of office shall begin July first of each odd-numbered year and shall continue for a term of two years and until their successors a successor shall be appointed. A county veterans affairs officer must be a qualified veteran who served on active duty for a period of more than one hundred eighty days and was discharged or released from such active duty with an honorable discharge or, if one hundred eighty days or less, was discharged or released from such active duty because of a service-connected disability; otherwise, a county veterans affairs officer may be a qualified nonveteran, if any veteran being considered for the post is not as qualified as a nonveteran being considered for the post. Qualifications shall be determined by the county legislative delegation upon a majority vote of the Senators representing the county and a majority of the House members representing the county. Any such A county veterans affairs officer shall be is subject to removal for cause at any time by a majority of the Senators representing the county and a majority of the House members representing the county.
(C) All county veterans affairs officers must successiully complete a comprehensive course of training and be issued accreditation within one year following initial appointment, either through the Division of Veterans Affairs or through an accredited national veterans service organization. A training council from the South Carolina Association of County Veterans Affairs Officers, in conjunction with the Division of Veterans Affairs or through an accredited national veterans service organization, shall develop the training criteria. Training and accreditation must be provided by the Division of Veterans Affairs or through an accredited national veterans service organization. A county veterans affairs officer who does not complete the required training and receives accreditation within the first year following appointment is ineligible for reapportionment by the county legislative delegation. Additionally, in order to maintain accreditation, refresher training is required yearly.
(D)(1) In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
(2) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
(3) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Senator Donald H. Holland /s/Rep. Floyd Breeland Senator John R. Russell /s/Rep. Jimmy C. Bales /s/Senator Larry A. Martin /s/Rep. Joel B. Lourie On Part of the Senate On Part of the House
Rep. BREELAND explained the Free Conference Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification.
The following Bill was taken up:
S. 199 (Word version) -- Senators J. V. Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.
Rep. DAVENPORT proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\11646AC00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 20-7-2902. Notwithstanding the staff training requirements of Section 20-7-2900(A) and (B)(3), the department may not prescribe the curriculum for such staff training, other than curriculum addressing administration, child growth and development, and health and safety, for a church congregation, established religious denomination, or religious college or university, day care center or group day care home. Additionally, the department may not prescribe the content of curriculum activities for children provided by these day care centers or group day care homes." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bales Barfield Barrett Battle Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Carnell Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Edge Emory Frye Gamble Gourdine Govan Harrell Harrison Harvin Hines, J. Hines, M. Hinson Hosey Huggins Kirsh Knotts Koon Law Lee Limehouse Littlejohn Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Parks Perry Phillips Pinckney Rhoad Robinson Rodgers Rutherford Scott Seithel Smith, J. Stuart Taylor Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Campsen Cato Delleney Easterday Hamilton Loftis Rice Smith, R. Stille Vaughn
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 709 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-185, SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY LEAVE AN ESTABLISHMENT WITHOUT MAKING PAYMENT FOR GASOLINE THAT IS DISPENSED INTO A MOTOR VEHICLE; AND BY ADDING SECTION 56-1-292, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE FOR VIOLATIONS OF SECTION 16-13-185.
Rep. HOWARD proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11459JM99), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION, to read:
/SECTION ____. There is established a special study committee to study methods for ensuring the safety of employee-attendants of retail motor fuel outlets open for sales to the public on a basis of twenty-four hours a day seven days a week. The committee shall study whether these employee-attendants would be best protected physically by the presence of security guards on the outlets' premises, different and stronger lighting than is currently utilized on such premises, bullet-proof glass as a shield, and/or any other method or means of protection which would ensure the personal safety of the employee-attendants.
The study committee shall render a written report of its findings of fact, conclusions, and legislative recommendations to the Governor, the Senate, and the House of Representatives not later than March 31, 2000, at which time the study committee shall be dissolved.
The study committee shall be comprised of seven persons; (a) three of whom shall be representatives of owners of retail motor fuel outlets doing business in the State on the basis of twenty-four hours a day seven days a week, to be appointed by the Governor; (b) an attorney on the staff of the Attorney General of South Carolina, to be appointed by the Attorney General; (c) a staff member of the State Law Enforcement Division (SLED), to be appointed by the Chief of SLED; (d) a staff member of the Department of Health and Environmental Control (DHEC), to be appointed by the Executive Director of DHEC; and (e) a staff member of the Department of Public Safety, to be appointed by the executive director of that state agency. the members of the study committee shall receive no compensation for their service on the study committee, except regular state salary in the case of state employee members of the study committee; however, the members of the study committee shall be allowed the usual mileage, subsistence, and per diem authorized by law for members of state committees, boards, and commissions for the actual performance of their study committee duties. Clerical assistance and support for the study committee shall be furnished by the State Attorney General's Office from the existing employed staff of that state agency. Any other expenses of the study committee must be shared and paid for on an equal basis from the accounts of SLED, DHEC, and the Department of Public Safety. The members of the study committee shall elect a chairman and such other officers as the committee considers necessary. The committee shall meet at the times and places designated by the chairman or by four other committee members./
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. ALTMAN explained the Bill.
Rep. HOWARD moved to adjourn debate on the Bill.
Rep. ALTMAN moved to table the motion, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Askins Bales Barfield Barrett Battle Brown, G. Brown, H. Campsen Carnell Chellis Dantzler Davenport Easterday Edge Emory Frye Gamble Gilham Hamilton Harrell Harris Harvin Hayes Hinson Hosey Howard Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Littlejohn Loftis Lourie Lucas Martin McKay McLeod, W. Meacham-Richardson Miller Neal, J.M. Neilson Ott Phillips Quinn Rice Riser Robinson Rodgers Seithel Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Trotter Walker Webb Whatley Wilder Wilkins Witherspoon
Those who voted in the negative are:
Bowers Brown, J. Hines, J. Hines, M. Lee Lloyd Mack Moody-Lawrence Parks Rutherford Scott
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3382 (Word version) -- Reps. Moody-Lawrence, Rutherford, Howard, W. McLeod, Canty, J. Hines, Gourdine, Mack, Whipper, F. Smith, Breeland, Cobb-Hunter, Ott, Martin, McGee, Clyburn, Inabinett, Lloyd, Kennedy, Cave, Wilkes, Jennings, T. Brown, Lee, McMahand, Pinckney, Harvin, M. Hines, Hayes and M. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345 SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS, TO PROVIDE FOR THE COURSE CONTENT, TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONDUCT A STUDY AND REPORT TO THE GENERAL ASSEMBLY ON DEVELOPING A SIMILAR COURSE FOR MEN.
Rep. CAMPSEN proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11470MM99):
Amend the bill, as and if amended, by deleting SECTION 1, Section 44-41-345, page 1, in its entirety and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 44-41-345. A female who qualifies for and receives TANF and who is pregnant, unmarried, and under eighteen years of age shall attend and complete a pregnancy prevention education course approved by the Department of Health and Environmental Control. The department must approve and offer to each person required to take a pregnancy prevention course, at least one course that provides an abstinence-only curriculum, and at least one course that offers instruction on birth control methods. Each approved course must also include education about sexually transmitted diseases. Courses of each type must be offered and conducted without charge by the several county health departments of this State. Health care professionals who are providing care to these females shall refer them to the appropriate county health department and inform them that attendance and completion of this course is a required component of their care." /
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Rep. CAMPSEN moved to adjourn debate on the Bill until Wednesday, January 19, which was agreed to.
Rep. COBB-HUNTER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4423 (Word version) -- Reps. Delleney, Canty and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 9, 2000, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2006; TO ELECT A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 5, WHOSE TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2000.
H. 4433 (Word version) -- Reps. Wilkins, Haskins, Harrison, Harrell, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 19, 2000, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
At 1:05 p.m. the House, in accordance with the motion of Rep. HAYES, adjourned in memory of Kinsey Taylor Sink, to meet at 2:00 p.m. tomorrow.
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