South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives

Thursday, January 20, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Almighty God our Heavenly Father, keep our minds stayed on Your teachings that our faith may be lifted, our understanding broadened, our ideals deepened, our vision heightened, our outlook brightened. As we walk and work together, may the healing breezes of goodwill blow across our minds, cleansing us of all selfishness and narrowness as Your Word becomes increasingly "a lamp unto our feet, and a light unto our paths." Give ear, Lord, to this our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Mrs. Frances Pursley, which was agreed to.

INVITATION

On motion of Rep. FLEMING, with unanimous consent, the following was taken up for immediate consideration and accepted:

January 19, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

The South Carolina Association for Pupil Transportation is planning to host a "Shrimp and Grits" Breakfast on Thursday, February 24, 2000, for all South Carolina Legislative members. The event will be held at the Clarion Town House Hotel from 8:00 to 9:30 a.m. I am requesting your assistance in posting this event to the 2000 Legislative calendar.

Thank you for your help regarding this matter. Please contact me at 803-641-2454, if you have any questions.

Sincerely,
Carol C. Verenes
Aiken County Public Schools
Transportation Department

REPORT OF STANDING COMMITTEE

Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4420 (Word version) -- Reps. R. Smith, Harrell, Woodrum, Altman, Beck, Cato, Davenport, Delleney, Emory, Harrison, Haskins, Koon, Lanford, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, J. M. Neal, Parks, Perry, Rice, Riser, Seithel, Simrill, Stuart, Tripp, Trotter, Vaughn, Walker, Witherspoon and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT, NOTWITHSTANDING RECENT MEDIA REPORTS OF CIVILIAN CASUALTIES AT NOKUEN-RI (NO GUN RI), SOUTH KOREA, NOTHING CAN DETRACT FROM THE DISTINGUISHED RECORD AND HEROISM OF THE BRAVE AND GALLANT MEN AND WOMEN WHO SERVED HONORABLY AND FOUGHT VALIANTLY AS SOLDIERS, SAILORS, MARINES, AND AIRMEN IN THE ARMED FORCES OF THE UNITED STATES DURING THE KOREAN WAR, AND THAT THE HEROISM, SERVICE, AND SACRIFICE OF ALL THOSE WHO SERVED THE CAUSE OF FREEDOM BY OPPOSING MURDEROUS COMMUNIST AGGRESSION IN KOREA MUST BE REMEMBERED AND COMMEMORATED WITH HONOR.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4467 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES, INCLUDING AMONG OTHER THINGS THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION, LICENSURE, FINANCIAL RESPONSIBILITY, AND ANNUAL REPORTS; PROVIDING FOR PERIODIC INSPECTIONS AND EXAMINATIONS OF THE COMPANY'S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.
Referred to Committee on Labor, Commerce and Industry

H. 4468 (Word version) -- Reps. Cato, Walker, Carnell, Chellis, Gamble, Limehouse, Riser, Sandifer and Simrill: A BILL TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO INCLUDE AS A FINANCIAL INSTITUTION A FEDERAL OR STATE AGENCY WHICH LENDS OR INVESTS FUNDS, TO DEFINE "LOAN CALL" AND "LOAN CALL AGREEMENT" AND REDEFINE "LOAN LIMITS", AND TO PROVIDE FOR A WRITTEN LOAN AGREEMENT BETWEEN A CORPORATION AND ITS MEMBERS RATHER THAN A STATUTORY LINE OF CREDIT; TO AMEND SECTION 33-37-70, AS AMENDED, RELATING TO TAXATION OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THE STATE TAX EXEMPTIONS ALSO FOR A SUBSIDIARY CORPORATION; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO POWERS OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THAT A BUSINESS DEVELOPMENT CORPORATION MAY NOT MORTGAGE OR ASSIGN ITS ASSETS EXCEPT ON A PRO RATA BASIS TO ALL PARTIES PROVIDING CREDIT, OTHER THAN FOR SHORT-TERM LOANS AND PURCHASE MONEY LOANS FOR THE ACQUISITION OF CERTAIN INDUSTRIAL AND BUSINESS ASSETS, TO PROVIDE FOR THE POWERS OF A BUSINESS DEVELOPMENT CORPORATION'S SUBSIDIARY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 33-37-450, AS AMENDED, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS, SO AS TO PROVIDE FOR DETERMINATION OF THE NUMBER OF ADDITIONAL VOTES OF A MEMBER BY ITS LOAN LIMIT PURSUANT TO THE LOAN CALL AGREEMENT; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE BUSINESS DEVELOPMENT CORPORATION, SO AS TO DELETE STATUTORY REQUIREMENTS FOR LINES OF CREDIT AND PROVIDE FOR LINES OF CREDIT PURSUANT TO MUTUAL AGREEMENT, DECREASE FROM TWENTY TO TEN PERCENT THE TOTAL AMOUNT A MEMBER MAY HAVE OUTSTANDING AT ANY ONE TIME ON LOANS TO THE CORPORATION, TO PROVIDE FOR REVOLVING LINES OF CREDIT AND LEAD LENDERS, AND TO DELETE THE AUTOMATIC INCREASE IN LINES OF CREDIT OF MERGING ENTITIES; AND BY ADDING SECTION 33-37-465 SO AS TO PROVIDE FOR THE MAKING AND SECURING OF SHORT-TERM LOANS TO THE CORPORATION BY A MEMBER.
Referred to Committee on Labor, Commerce and Industry

H. 4469 (Word version) -- Reps. D. Smith, Harrison, Cotty, Delleney, Maddox and McGee: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING SECTION 16-13-550 ENTITLED THE "PERSONAL INFORMATION PRIVACY ACT OF 2000" SO AS TO PROVIDE FOR THE OFFENSE OF IDENTITY FRAUD WHICH IS THE KNOWING ACCESS TO, RELEASE, DISCLOSURE, OR USE OF PERSONAL INFORMATION ABOUT AN INDIVIDUAL WITHOUT OBTAINING THE PRIOR WRITTEN AUTHORIZATION OF THE INDIVIDUAL; TO PROVIDE PENALTIES; AND TO PROVIDE FOR A JOINT LEGISLATIVE STUDY COMMITTEE TO STUDY PERSONAL INFORMATION PRIVACY ISSUES, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THE STUDY COMMITTEE SHALL REPORT TO THE GENERAL ASSEMBLY BY OCTOBER 15, 2000.
Referred to Committee on Judiciary

H. 4470 (Word version) -- Reps. Cato, Battle, J. Brown, Cobb-Hunter, Harrison, Kirsh, Knotts, Leach, McCraw, Meacham-Richardson, Miller, Riser, Rodgers, Sandifer, R. Smith, Taylor, Walker, Bowers, Edge, Hinson, Koon, McKay and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.
Referred to Committee on Labor, Commerce and Industry

H. 4471 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT AND TO DELETE REDUNDANT LANGUAGE.
Referred to Committee on Ways and Means

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Beck
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Campsen
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
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
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Perry
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 20.

Theodore Brown                    Douglas Jennings
Denny Neilson                     Richard Quinn
Lynn Seithel                      James Smith
Byron Webb                        Harry Askins
Total Present--118

STATEMENT OF ATTENDANCE

Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Wednesday, January 19.

DOCTOR OF THE DAY

Announcement was made that Dr. Oswald L. Mikell of Beaufort is the Doctor of the Day for the General Assembly.

S. 143--POINT OF ORDER

The following Bill was taken up:

S. 143 (Word version) -- Senators Passailaigue, Mescher and Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON SCHOOL DISTRICT SO AS TO DEVOLVE THE BUDGETARY POWERS UPON THE CHARLESTON COUNTY COUNCIL.

POINT OF ORDER

Rep. ALTMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

H. 4462 (Word version) -- Reps. Young-Brickell, Cobb-Hunter, Bailey and Chellis: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF DORCHESTER COUNTY SCHOOL DISTRICT TWO DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD INCLUDING THE FLOODING THAT FOLLOWED ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4462--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. YOUNG-BRICKELL, with unanimous consent, it was ordered that H. 4462 be read the third time tomorrow.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3317 (Word version) -- Reps. Sharpe, Davenport, Witherspoon, R. Smith, Limehouse, Altman and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-85 SO AS TO ESTABLISH REQUIREMENTS THAT APPLY TO THE DISPLACEMENT OF A PRIVATE COMPANY PROVIDING COLLECTION SERVICES FOR SOLID WASTE OR RECOVERED MATERIALS OR BOTH.

RECURRENCE TO THE MORNING HOUR

Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4472 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.

On motion of Rep. DAVENPORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

Rep. MCCRAW moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 10:40 a.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Mrs. Frances Pursley, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Friday, June 26, 2009 at 9:18 A.M.