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


Printed Page 980 . . . . . Tuesday, February 15, 2000

Tuesday, February 15, 2000
(Statewide Session)

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:

Eternal Father, the one who sponsors a bill is like the one who carries the ball. The crowd and the cameras focus on him. But he could accomplish little without the rest of the team. So today we thank You for all on our team: The Speaker, the Speaker Pro Tempore, all the people on the line who help with our work, the Clerk and her staff on the desk, the Reading Clerk, the administrative assistants, the research people, the word processors, the Legislative Council, the Sergeant-at-Arms with the security guards, building custodians, receptions, telephone operators, the Doctor of the Day and the nurses, the mail room staff, bookkeepers, pages, printers, porters, tour guides, information suppliers and many others.

Help us to remember how dependent we are upon these, and that while we may overlook them at times, You never do. Cause us to know our dependence upon others. 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.

MOTION ADOPTED

Rep. TAYLOR moved that when the House adjourns, it adjourn in memory of Zack Seymour of Laurens, which was agreed to.


Printed Page 981 . . . . . Tuesday, February 15, 2000

INVITATIONS

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

October 13, 1999
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of South Carolina Manufacturers Alliance the Members of the House of Representatives are invited to a breakfast. This event will be held at Town House Hotel on Wednesday, March 1, 2000, beginning at 8:00 a.m.
Sincerely,
James R. Morris, Jr.
Executive Vice President

August 24, 1999
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of Consulting Engineers of South Carolina and the South Carolina Society of Professional Engineers the Members of the House of Representatives are invited to a reception. This event will be held at the USC Faculty House on Wednesday, March 1, 2000, from 6:00 to 8:00 p.m.

Sincerely,
Dianne L. Berry
Account Executive


Printed Page 982 . . . . . Tuesday, February 15, 2000

November 23, 1999
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Association of Nurse Anesthetists the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, March 2, 2000, from 8:00 to 10:00 a.m.
Sincerely,
Daisy Loebs
President

January 6, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Health Alliance (SCHA) the Members of the House of Representatives and staff are invited to a luncheon. This event will be held at the Capital City Club on Tuesday, March 7, 2000, at 1:00 p.m. or upon adjournment.

Sincerely,
Ken Shull
President

September 14, 1999
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of South Carolina Association of Municipal Power Systems the Members of the House of Representatives are invited to a


Printed Page 983 . . . . . Tuesday, February 15, 2000

reception. This event will be held at Seawell's on Rosewood Drive on Tuesday, March 7, 2000, from 6:00 to 8:00 p.m.

Sincerely,
Greg Dietterick
Seneca Light & Water
President

December 13, 1999
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina AARP State Legislative Committee the Members of the House of Representatives are invited to a breakfast. This event will be held at the Clarion Town House Hotel on Wednesday, March 8, 2000, from 8:00 to 10:00 a.m.

Sincerely,
Hannah Timmons

July 30, 1999
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of Clarion Town House Hotel the Members of the House of Representatives and staff are invited to the 5th Annual Oyster Roast and Frogmore Stew. This event will be held at Clarion Town House Hotel on Tuesday, March 21, 2000, from 7:00 to 10:00 p.m.

Sincerely,
Bill Ellen
General Manager


Printed Page 984 . . . . . Tuesday, February 15, 2000

April 26, 1999
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina School Boards Association the Members of the House of Representatives are invited to a banquet. This event will be held at the Sheraton Hotel on Wednesday, March 22, 2000, with registration/reception beginning at 6:15 p.m. and the Legislative Banquet at 7:00 p.m.
Sincerely,
Sandra P. Oxner
Administrative Assistant

January 4, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of South Carolina Mortgage Brokers Association the Members of the House of Representatives are invited to a reception. This event will be held at the Vista Brewing Company on Tuesday, March 28, 2000, from 5:30 to 8:00 p.m.

Sincerely,
John Bostic
Legislative Chairman

February 7, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 985 . . . . . Tuesday, February 15, 2000

Dear Rep. Fleming:

On behalf of Willy's and The Blue Marlin, the Members of the House of Representatives and staff are invited to a reception. This event will be held at the Blue Marlin on Wednesday, March 29, 2000, from 6:00 to 8:00 p.m.

Sincerely,
Steve MacDougall and Bill Dukes

November 23, 1999
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Self-Insurers Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, March 30, 2000, from 8:00 to 10:00 a.m.

Sincerely,
Ted G. Contos
President

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2499
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-96-260, 44-96-290, and 44-96-450
Solid Waste Management: Demonstration-of-Need
Received by Speaker of the House of Representatives
February 10, 2000
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration June 9, 2000


Printed Page 986 . . . . . Tuesday, February 15, 2000

REPORTS OF STANDING COMMITTEES

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

H. 4509 (Word version) -- Reps. Fleming and Hawkins: A CONCURRENT RESOLUTION TO DIRECT THE UNION COUNTY VETERANS AFFAIRS OFFICE TO PLACE A MARKER AT THE JUNCTION OF HIGHWAY 114 AND TUMP SMITH ROAD IN UNION COUNTY TO RECOGNIZE AND COMMEMORATE THE RESTORED GRAVESITE OF THE COURAGEOUS REVOLUTIONARY WAR SCOUT, JAMES THOMAS (OLD HI-KY) MOSELEY.
Ordered for consideration tomorrow.

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

H. 4368 (Word version) -- Reps. Davenport, Vaughn and Altman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS THAT CONTAIN THE CAPTION "SHERMAN COLLEGE" AND THAT INDICATE THE DIRECTION TO THE COLLEGE ON INTERSTATE 26 AT EXITS 15 AND 16, AND ON INTERSTATE 85 AT EXIT 72.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

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


Printed Page 987 . . . . . Tuesday, February 15, 2000

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.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3863 (Word version) -- Reps. Campsen, Altman, Barrett, Beck, Davenport, Delleney, Easterday, Gilham, Hamilton, Haskins, Klauber, Leach, Loftis, Mason, Rice, Robinson, Sharpe, Simrill, R. Smith, Taylor and Vaughn: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS.
Ordered for consideration tomorrow.

Rep. BARFIELD, from the Horry Delegation, submitted a favorable report on:

H. 4287 (Word version) -- Reps. Barfield, Kelley and Witherspoon: A JOINT RESOLUTION TO PROVIDE THAT ANY SCHOOL DAYS MISSED IN 1999 BY THE STUDENTS OF ANY SCHOOL OF THE HORRY COUNTY SCHOOL SYSTEM DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND 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.
Ordered for consideration tomorrow.


Printed Page 988 . . . . . Tuesday, February 15, 2000

CONCURRENT RESOLUTION

The following was introduced:

H. 4593 (Word version) -- Reps. Carnell, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, 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, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ONE OF THEIR MOST CHERISHED FRIENDS, PRISCILLA NAVARRO SIMS (MRS. LANA HANCOCK SIMS), FOR HER UNBOUNDED COMMITMENT AND DEDICATION TO THE PALMETTO STATE ON THE OCCASION OF HER RETIREMENT AND TO WISH HER HAPPINESS AND GOOD HEALTH IN ALL THE YEARS TO COME.

Whereas, Priscilla Sims' illustrious lobbying career began with the South Carolina Railroad Association from 1972 through 1985. Her professional and keen business skills were further utilized in 1986, when she was named the lobbyist for CSX Transportation -- a position she has held until her recent retirement; and

Whereas, Priscilla was born in the Republic of Panama on July 14, 1933, and is the second child of Cecelia Smith Navarro and the late, renowned architect Rogelio Navarro. She has a sister, Clarita Riba and brother, Rogelio Navarro; and


Printed Page 989 . . . . . Tuesday, February 15, 2000

Whereas, at the age of nine, her father passed away and her family came to the United States; and

Whereas, Priscilla grew up in New York City. She attended Rosemont College and graduated from Fordham University. For one year during college she attended the Sorbonne in Paris while visiting her aunt who was the Ambassador from Panama; and

Whereas, while visiting relatives in Panama, Priscilla met the love of her life, Columbia native Lana Hancock Sims, Sr., an officer in the United States Navy stationed in the Canal Zone and an aide to Admiral Miles from Beaufort, South Carolina; and

Whereas, she has been a resident of Columbia since 1957, and for twenty-one wonderful years she was the loving and devoted wife of her late husband, Lana Hancock Sims, Sr., a well-respected South Carolina lobbyist; and

Whereas, Priscilla provides love and constant support and inspiration to her four children: Lana, Jr., Mary Beth, Cathy, and Ted, and to their spouses Anne, Keith, David, and Allison; and

Whereas, she is the proud "Nina" to eight adorable grandchildren: Lana IV, McLean, Wesley, Ginny, Matthew, Landon, Daniel, and McKenna; and

Whereas, Priscilla Sims is truly a "class act" following in the style of her vivacious mother, Cecelia Dudley, who now lives in Columbia; and

Whereas, Priscilla has a reputation for opening her home up to friends and associates whenever the need arises. We all know her as a consummate chef and exquisite hostess who has the ability to entertain with a zest that is unmatched. No one leaves her home following a drop-in, birthday party, or a dinner without having the warmest feelings and admiration for this truly beloved lady; and

Whereas, Priscilla always has music in her heart and has made "LaVie En Rose" her signature song. She would love to share the stage with her favorite tenor, Luciano Pavarotti; and


Printed Page 990 . . . . . Tuesday, February 15, 2000

Whereas, Priscilla has served on numerous boards including: Town Theatre Board of Directors, Vice President; Richland Memorial Hospital Board of Directors; Winthrop College Board of Visitors; University of South Carolina Law School Partnership Board; South Carolina Operation Lifesaver Executive Committee and Advisory Board; South Carolina Export Consortium, Treasurer; and South Carolina Society of Association Executives, Trade Show Chairman. She has served as the Provisional Chairman, Placement Chairman, Recording Secretary, and Vice President of the Junior League of Columbia; and

Whereas, in 1982, Priscilla Sims was selected 1982 Woman of the Year by the Women's Center of Midlands Technical College for making the best transition from a homemaker to working outside the home; and

Whereas, in her path through life Priscilla has continually and consistently thought of others -- always going the extra mile to ensure others are comforted and loved no matter what the occasion may be; and

Whereas, she is a long-time member of St. Joseph's Catholic Church and has served on the Parish Council; and

Whereas, beyond her business and professional life, Priscilla Sims is a woman who loves her family and delights in the experiences of her children and grandchildren; and

Whereas, hopefully, she now will find the time to indulge in the things she has always enjoyed, i.e., golfing, fishing, and even hunting for quail. While travel has always been an important part of her life, her retirement now offers even more opportunities for exploring the world; and

Whereas, there are times when it is difficult to find words for the proper expression of one's sentiments and this is such an occasion. We are saddened to say goodbye, but at the same time we rejoice that the value of her labors and unselfishness will long be remembered as an example for others to follow; and


Printed Page 991 . . . . . Tuesday, February 15, 2000

Whereas, she is a truly distinguished South Carolinian, who has given most generously of her time and talents to the people of the Palmetto State for many years, and it would be most fitting and appropriate that the members of the General Assembly pause in their deliberations to honor Priscilla Navarro Sims. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, express their sincere appreciation and gratitude to one of their most cherished friends, Priscilla Navarro Sims (Mrs. Lana Hancock Sims), for her unbounded commitment and dedication to the Palmetto State on the occasion of her retirement and wish her happiness and good health in all the years to come.

Be it further resolved that a copy of this resolution be presented to Priscilla Navarro Sims.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 4594 (Word version) -- Rep. Frye: A HOUSE RESOLUTION CHEERING THE BATESBURG-LEESVILLE FOOTBALL PANTHERS ON THEIR 1999 CLASS AA HIGH SCHOOL STATE CHAMPIONSHIP CROWN, WON DURING THE WEEKEND OF CHAMPIONS ON SATURDAY, DECEMBER 4, 1999, IN THE TITLE GAME AT WILLIAMS-BRICE STADIUM.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4595 (Word version) -- Reps. Huggins, Quinn and Riser: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO


Printed Page 992 . . . . . Tuesday, February 15, 2000

THE OUTDOOR ENSEMBLE OF BANDS OF IRMO MEMBERS, DIRECTORS, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, FEBRUARY 23, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE OCCASION OF ITS SIXTH CONSECUTIVE SOUTH CAROLINA MARCHING BAND CHAMPIONSHIP AND ON ITS AWARD OF THE SUDLER FLAG OF HONOR FROM THE JOHN PHILLIP SOUSA FOUNDATION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Outdoor Ensemble of Bands of Irmo members, directors, and other school officials on Wednesday, February 23, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on the occasion of its sixth consecutive South Carolina Marching Band Championship and on its award of the Sudler Flag of Honor from the John Phillip Sousa Foundation.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 4596 (Word version) -- Rep. D. Smith: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO DAVID PEARSON OF SPARTANBURG, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING HIM ON BEING NAMED BY SPORTS ILLUSTRATED AS THE TOP STOCK CAR DRIVER OF THE TWENTIETH CENTURY, AND PRESENTING HIM WITH AN APPROPRIATE RESOLUTION EXPRESSING THE APPRECIATION OF THE GENERAL ASSEMBLY FOR HIS OUTSTANDING STOCK CAR RACING CAREER AND STERLING EXAMPLE OF SPORTSMANSHIP OVER MANY YEARS IN THE HIGHLY COMPETITIVE SPORT OF STOCK CAR RACING.

Be it resolved by the House of Representatives:


Printed Page 993 . . . . . Tuesday, February 15, 2000

That the privilege of the floor of the South Carolina House of Representatives is extended to David Pearson of Spartanburg, at a date and time to be determined by the Speaker, for the purpose of congratulating him on being named by Sports Illustrated as the top stock car driver of the twentieth century, and presenting him with an appropriate resolution expressing the appreciation of the General Assembly for his outstanding stock car racing career and sterling example of sportsmanship over many years in the highly competitive sport of stock car racing.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. R. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 4597 (Word version) -- Reps. R. Smith, Cato, Hosey, Perry and Sharpe: A HOUSE RESOLUTION TO EXPRESS THE SENSE OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES 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.

Whereas, in the early morning hours of June 25, 1950, the communist government of North Korea launched an unprovoked, surprise attack into South Korea; that, taken by surprise and ill-prepared to resist the sudden attack, the Army of the Republic of Korea fell back in full retreat; and that hundreds and thousands of Korean civilians also fled southward as refugees to escape the communist onslaught; and


Printed Page 994 . . . . . Tuesday, February 15, 2000

Whereas, determined to support the world's imperiled democracies, the United States immediately led a United Nations force to the remote Korean Peninsula to shore up the Army of the Republic of Korea who was being overrun by the communist forces of North Korea; and that, in the face of the sudden emergency, United States garrison troops had to be pulled out of occupation duty in Japan and suddenly thrown into Korea when the North Koreans were smashing their way down the Korean Peninsula, causing great confusion, disorientation, fear, trepidation, and panic, especially among civilian refugees; and

Whereas, the weeks of June, July, and August of 1950, following the initial attack, were a period of great stress and chaos with United States Army units conducting a valiant fighting retreat against the invading North Koreans and facing heavy odds; that frequent relocation of friendly units under continuous attack by the North Korean forces, the prevalence of fighting during limited visibility, and the prevailing technological limits of air and artillery coordination, combined to make the potential of collateral damage, including unintentional civilian casualties, a very real and dangerous possibility; and

Whereas, during this period it was a known and frequently employed communist practice to use civilians to test for minefields; that it was also a known and frequently employed communist practice to disguise armed troops as civilians and attempt to infiltrate and take United States troops by surprise while posing as refugees; and that these cowardly communist practices, coupled with the difficulties inherent in supervising refugee withdrawal while conducting a fighting retreat, also combined to make the potential of collateral damage, including unintentional civilian casualties, a very real and dangerous possibility; and

Whereas, there are recent media reports that approximately one hundred forty-four Korean civilian refugees were killed by United States troops at Nokuen-Ri (No Gun Ri), South Korea, between July 26 and 29, 1950; that the governments of the United States and the Republic of South Korea are undertaking a joint investigation of the events at Nokuen-Ri to determine the facts behind these reports; and that, in the interim, these reports are capable of being used by the enemies of the United States and detractors of the Armed Forces of the United States to blemish the heroism and distinguished record of the one and one-half million men and women who served as soldiers,


Printed Page 995 . . . . . Tuesday, February 15, 2000

sailors, marines, and airmen in the Armed Forces of the United States during the Korean War; and

Whereas, of the one and one-half million United States soldiers, sailors, marines, and airmen who fought and served in the Korean War, it must never be forgotten that fifty-four thousand two hundred forty-six were killed in action, eight thousand one hundred seventy-seven are missing in action, seven thousand one hundred forty were prisoners of war, and one hundred three thousand two hundred eighty-four were wounded in action; and

Whereas, regardless of the findings and results of the joint investigation being conducted by the governments of the United States and the Republic of Korea, it is and will forever be the uncontroverted verdict of history that, but for the unprovoked aggression of the communist government of North Korea against the Republic of South Korea, there would have been no Korean War, no Korean refugees fleeing from communist forces, and no United States troops fighting in Korea to stop the communist onslaught; that, but for the unprovoked aggression of the communist government of North Korea against the Republic of South Korea, and the known, frequently employed, and unthinkable communist practices of using civilians to test for minefields, and disguising armed troops as civilian refugees in attempts to infiltrate and take United States troops by surprise, there would have been no occasion for civilians to be exposed to the ravages of war or to become casualties at Nokuen-Ri; and

Whereas, in the immortal words of William Sessions, former Director of the Federal Bureau of Investigation and a veteran of the Korean War, speaking of the United States troops who fought and died in Korea, "They went not for conquest and not for gain, but only to protect the anguished and the innocent. They suffered greatly and by their heroism in a thousand forgotten battles they added a luster to the codes we hold most dear: duty, honor, country, fidelity, bravery, integrity...". Now, therefore,

Be it resolved by the House of Representatives;

That it is the sense of the members of the South Carolina House of Representatives that, notwithstanding recent media reports of civilian casualties at Nokuen-Ri, South Korea, nothing can detract from the


Printed Page 996 . . . . . Tuesday, February 15, 2000

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.

Be it further resolved that copies of this resolution be forwarded to: President William Clinton, as Commander in Chief of the Armed Forces of the United States; William Cohen, Secretary of Defense; Senator John W. Warner, Chairman, Senate Armed Services Committee; Representative Floyd Spence, Chairman, House Armed Services Committee; Mr. Togo West, Director of the United States Department of Veterans Affairs; Mr. Jimmie Ruff, Office of the Governor, Division of Veteran Affairs, and to each member of the South Carolina Congressional Delegation.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4598 (Word version) -- Rep. D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 221 LYING BETWEEN HIGHWAY 176 AND INTERSTATE 85 IN SPARTANBURG COUNTY AS THE "DAVID PEARSON BOULEVARD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4599 (Word version) -- Reps. D. Smith, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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,


Printed Page 997 . . . . . Tuesday, February 15, 2000

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, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. GLADYCE QUICK MOORE OF ASHEBORO, NORTH CAROLINA, MOTHER OF JEFF MOORE, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA SHERIFF'S ASSOCIATION, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 673 (Word version) -- Senator Glover: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REAUTHORIZE THE RYAN WHITE CARE ACT AS A SOURCE OF FUNDING FOR PREVENTION, TREATMENT, AND HIV AND AIDS-RELATED OUTREACH SERVICES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4600 (Word version) -- Reps. Jennings and Harris: A JOINT RESOLUTION TO PROVIDE THAT AT THE DISCRETION OF THE BOARD OF TRUSTEES OF THE MARLBORO COUNTY SCHOOL DISTRICT, UP TO FOUR SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE DISTRICT DURING THE


Printed Page 998 . . . . . Tuesday, February 15, 2000

MONTHS OF SEPTEMBER, 1999, AND JANUARY, 2000, WHEN THE SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER, 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.
On motion of Rep. JENNINGS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4601 (Word version) -- Reps. Gilham and Rodgers: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO ATTEND SCHOOL IN A CERTAIN SCHOOL DISTRICT WITHOUT CHARGE, SO AS TO INCREASE THE REAL ESTATE OWNERSHIP REQUIREMENT FROM AN ASSESSED VALUE OF THREE HUNDRED DOLLARS TO AN ASSESSED VALUE OF FIVE THOUSAND DOLLARS.
Referred to Committee on Education and Public Works

H. 4602 (Word version) -- Reps. Campsen, Altman, Barfield, Barrett, Cato, Delleney, Easterday, Edge, Gamble, Hamilton, Harris, Haskins, Leach, Quinn, Rice, Riser, Robinson, Sandifer, Sharpe, Simrill, R. Smith, Tripp, Vaughn and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS AND CHARACTER EDUCATION ACT", BY ADDING SECTION 59-1-460 SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS OR CHARACTER INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.
Referred to Committee on Judiciary

H. 4603 (Word version) -- Reps. Miller and Cato: A BILL TO AMEND SECTION 6-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO CLARIFY


Printed Page 999 . . . . . Tuesday, February 15, 2000

THAT FINANCIAL INFORMATION PROVIDED IN A RETURN, REPORT, OR APPLICATION FILE WITH A COUNTY OR MUNICIPALITY IS CONFIDENTIAL, AND TO FURTHER PROVIDE THAT A PERSON IS SUBJECT TO CRIMINAL PENALTIES IF THE PERSON KNOWINGLY VIOLATES THIS SECTION.
Referred to Committee on Judiciary

H. 4604 (Word version) -- Reps. Stuart, Cobb-Hunter and Govan: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO TEACHER IN-SERVICE TRAINING DAYS FOR TEACHERS OF ANY SCHOOL IN ORANGEBURG CONSOLIDATED SCHOOL DISTRICT 4 FOR SCHOOL YEAR 1999-2000 WHICH WERE MISSED DUE TO HURRICANE FLOYD ARE FORGIVEN AND ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. STUART, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4605 (Word version) -- Reps. M. McLeod, Bales, G. Brown and J. H. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-225, SO AS TO DIRECT THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD TO ADJUST THE SALARY RANGES IN THE STATE COMPENSATION PLAN TO ENSURE THAT ALL SALARIES PROVIDED IN THE PLAN ARE ABOVE THE FEDERAL POVERTY MEASURE FOR A FAMILY OF FOUR AS CALCULATED AND ANNUALLY ADJUSTED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Referred to Committee on Ways and Means

H. 4606 (Word version) -- Reps. W. McLeod and Stuart: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS IN THE EDUCATION FINANCE ACT AND WEIGHTINGS USED TO PROVIDE RELATIVE COST DIFFERENCES BETWEEN PROGRAMS FOR STUDENTS IN DIFFERENT CLASSIFICATIONS, SO AS TO ADD A WEIGHTING FOR STUDENTS CLASSIFIED AS ENGLISH AS A SECOND


Printed Page 1000 . . . . . Tuesday, February 15, 2000

LANGUAGE STUDENTS, AND TO PROVIDE A DEFINITION FOR THIS CLASSIFICATION.
Referred to Committee on Ways and Means

H. 4607 (Word version) -- Reps. Tripp and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1562 SO AS TO PROVIDE THAT A CORONER OR LAW ENFORCEMENT AGENCY MUST ATTEMPT TO NOTIFY AN ADULT CRIME VICTIM'S NEXT OF KIN BEFORE RELEASING THE VICTIM'S NAME TO THE PUBLIC, AND MUST NOTIFY THE NEXT OF KIN OF A MINOR CRIME VICTIM BEFORE THE VICTIM'S NAME MAY BE RELEASED TO THE PUBLIC.
Referred to Committee on Judiciary

H. 4608 (Word version) -- Reps. Lourie, Hosey, Seithel, J. Smith, Harris, Quinn, Allen, Bales, G. Brown, T. Brown, Campsen, Cato, Clyburn, Cooper, Davenport, Haskins, Jennings, Kennedy, Law, Lucas, Maddox, McGee, Sandifer, Scott, Simrill and Trotter: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO


Printed Page 1001 . . . . . Tuesday, February 15, 2000

ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4609 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2000, BY THE STUDENTS OF THE EDGEFIELD COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND WEATHER CONDITIONS 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.
On motion of Rep. CLYBURN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4610 (Word version) -- Reps. Leach, Law, Tripp, Davenport, Easterday, Hamilton, Koon, Loftis, Riser and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY IN GENERAL SESSIONS COURT MUST VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.
Referred to Committee on Judiciary

H. 4611 (Word version) -- Reps. Leach, Barrett, Campsen, Davenport, Easterday, Hamilton, Koon, Loftis, Riser, Tripp and Vaughn: A BILL TO ENACT THE "COMPREHENSIVE CRIMINAL PROCEDURES AND DEATH PENALTY REFORM ACT OF 2000" INCLUDING PROVISIONS TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


Printed Page 1002 . . . . . Tuesday, February 15, 2000

THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS SEPARATE AGGRAVATING CIRCUMSTANCES, WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A VALID ORDER OF PROTECTION OR VALID RESTRAINING ORDER AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE DEFENDANT HAD AT LEAST ONE PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM.
Referred to Committee on Judiciary

H. 4612 (Word version) -- Reps. Lourie, J. Smith and Gamble: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE TRAFFIC, BY ADDING ARTICLE 24 SO AS TO PROVIDE THAT AGGRESSIVE DRIVING IS A MOTOR VEHICLE TRAFFIC OFFENSE, AND TO PROVIDE THAT THE PENALTY FOR VIOLATING THIS OFFENSE IS A ONE THOUSAND DOLLAR FINE OR THIRTY DAYS IMPRISONMENT AND EIGHT POINTS ASSESSED AGAINST THE OFFENDER'S DRIVING RECORD; AND TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOTOR VEHICLE TRAFFIC LAWS, BY ADDING AGGRESSIVE DRIVING TO THE OFFENSE FOR WHICH POINTS ARE ASSESSED.
Referred to Committee on Judiciary

H. 4613 (Word version) -- Reps. Delleney, McCraw and Wilkes: A JOINT RESOLUTION TO PROVIDE THAT UP TO FIVE SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE CHESTER COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS


Printed Page 1003 . . . . . Tuesday, February 15, 2000

MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. DELLENEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4614 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO LICENSING PROVISIONS FOR EMBALMERS, FEES, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2489, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4615 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 25-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE PRISONER OF WAR COMMISSION, SO AS TO REDUCE THE NUMBER OF REQUIRED MEETINGS FROM THREE TO TWO YEARLY.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4616 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.
Referred to Committee on Education and Public Works

H. 4617 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO


Printed Page 1004 . . . . . Tuesday, February 15, 2000

ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".
Referred to Committee on Labor, Commerce and Industry

H. 4618 (Word version) -- Reps. Sharpe, Davenport and Wilkes: A BILL TO AMEND CHAPTER 57, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL AUDIT PRIVILEGES AND VOLUNTARY DISCLOSURE, SO AS TO PROVIDE THAT AN ENVIRONMENTAL AUDIT REPORT IS PRIVILEGED, IMMUNE FROM DISCOVERY, AND INADMISSIBLE IN CERTAIN CIVIL OR ADMINISTRATIVE PENALTY ACTIONS AND THAT NO PRIVILEGE APPLIES IN CRIMINAL INVESTIGATIONS OR PROCEEDINGS; TO CLARIFY ADDITIONAL DOCUMENTS AND INFORMATION THAT ARE NOT SUBJECT TO THE PRIVILEGE; TO PROVIDE THAT THE PRIVILEGE CONTINUES FOR CIVIL AND ADMINISTRATIVE PROCEEDINGS WHEN AN AUDIT HAS BEEN OBTAINED OR USED IN A CRIMINAL PROCEEDING; TO CLARIFY AUDIT NOTIFICATION REQUIREMENTS; TO REQUIRE A PERSON CLAIMING IMMUNITY BECAUSE OF A VOLUNTARY DISCLOSURE OF AN ENVIRONMENTAL VIOLATION TO PROVE SPECIFIC ELEMENTS IN ORDER TO BE ENTITLED TO IMMUNITY AND FOR THE BURDENS OF PROOF IN THIS REGARD; AND TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A DISCLOSURE IS NOT VOLUNTARY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4619 (Word version) -- Reps. Gamble, Knotts, Frye, Huggins, Riser, Stuart and Whatley: A BILL TO AMEND SECTION 12-45-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY GOVERNING BODY TO PERMIT AD VALOREM TAXES ON REAL PROPERTY TO BE PAID IN QUARTERLY INSTALLMENTS AND THE AUTHORITY TO PERMIT DISCOUNTS ON SUCH TAXES PAID IN ADVANCE, SO AS TO AUTHORIZE A COUNTY GOVERNING BODY TO ALSO PERMIT THE PAYMENT OF AD VALOREM TAXES ON REAL PROPERTY IN MONTHLY INSTALLMENTS.
Referred to Committee on Ways and Means


Printed Page 1005 . . . . . Tuesday, February 15, 2000

S. 131 (Word version) -- Senators Passailaigue, Russell, Hutto and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
Referred to Committee on Education and Public Works

S. 456 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN EQUIPMENT THAT MUST BE MAINTAINED ON A MOTORCYCLE, SO AS TO DELETE THE PROVISION THAT REGULATES THE HEIGHT OF MOTORCYCLE HANDLEBARS.
Referred to Committee on Education and Public Works

S. 1053 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO REQUIRE THE LOCAL GOVERNMENT FUNDING SYSTEM STEERING COMMITTEE TO COMPLETE ITS FINAL REPORT BY DECEMBER 31, 2000, RATHER THAN BY APRIL 1, 2000, TO PROVIDE FOR AN INTERIM REPORT AT THE TIME OF THE ORIGINAL DUE DATE, AND TO ALLOW THE FUNDS APPROPRIATED FOR THE COMMITTEE TO CARRY FORWARD INTO THE NEXT FISCAL YEAR.
Referred to Committee on Ways and Means

S. 1121 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 25-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE PRISONER OF WAR COMMISSION, SO AS TO REDUCE THE NUMBER OF REQUIRED MEETINGS FROM THREE TO TWO YEARLY.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, G.

Printed Page 1006 . . . . . Tuesday, February 15, 2000

Brown, H.              Brown, J.              Campsen
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Frye                   Gamble
Gilham                 Gourdine               Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Inabinett              Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lucas
Maddox                 Martin                 McCraw
McGee                  McKay                  McLeod, M.
McLeod, W.             McMahand               Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Phillips
Pinckney               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 15.

Bill Cotty                        Richard Quinn
Douglas Jennings                  David Mack

Printed Page 1007 . . . . . Tuesday, February 15, 2000

Jerry Govan                       Joel Lourie
Jackson Whipper

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. VAUGHN a leave of absence for two weeks due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence for the week due to attending the National Pastor's Retreat.

DOCTOR OF THE DAY

Announcement was made that Dr. Michael K. Drakeford of Sumter is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 4337 (Word version)
Date:   ADD:
02/15/00   EASTERDAY


Printed Page 1008 . . . . . Tuesday, February 15, 2000

CO-SPONSOR ADDED

Bill Number:   H. 4337 (Word version)
Date:   ADD:
02/15/00   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 4337 (Word version)
Date:   ADD:
02/15/00   RICE

CO-SPONSOR ADDED

Bill Number:   H. 4450 (Word version)
Date:   ADD:
02/15/00   EMORY

H. 4520--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Thursday, February 17, which was adopted:

H. 4520 (Word version) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS 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.

S. 418--REQUEST FOR DEBATE, AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 418 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR E-911 SERVICES, SO AS TO ESTABLISH THE AMOUNT OF THE LEVY FOR EACH CMRS CONNECTION AT THE SAME RATE AS THE AVERAGE MONTHLY LOCAL EXCHANGE ACCESS FACILITY 911 CHARGE, AND TO AMEND SECTION 23-47-65, RELATING TO


Printed Page 1009 . . . . . Tuesday, February 15, 2000

THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE RESPONSIBILITIES OF THE COMMITTEE AND TO DELETE THE COMMITTEE'S SCHEDULED TERMINATION DATE OF AUGUST 1, 2001.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11716AC00), which was adopted:
Amend the bill, as and if amended, Section 23-47-50(F) on page 1 by deleting on line 37 /a the level not to exceed of/ and inserting /a level not to exceed/ so when amended Section 23-47-50(F) reads:
/"(F)   Fees collected by the service supplier pursuant to this section are not subject to any tax, fee, or assessment, nor are they considered revenue of the service supplier. A monthly CMRS 911 charge is levied for each CMRS connection for which there is a mobile identification number containing an area code assigned to South Carolina by the North American Numbering Plan Administrator. The amount of the levy must be approved annually by the board at a level not to exceed the average monthly telephone (local exchange access facility) 911 charges paid in South Carolina. The board and the committee may calculate the CMRS 911 charge based upon a review of one or more months during the year preceding the calculation of telephone (local exchange access facility) charges paid in South Carolina. The CMRS 911 charge must have uniform application and must be imposed throughout the State; however, trunks or service lines used to supply service to CMRS providers shall not be subject to a CMRS 911 levy. On or before the twentieth day of the second month succeeding each monthly collection of the CMRS 911 charges, every CMRS provider shall file with the Department of Revenue a return under oath, in a form prescribed by the department, showing the total amount of fees collected for the month and, at the same time, shall remit to the department the fees collected for that month. The department shall place the collected fees on deposit with the State Treasurer. The funds collected pursuant to this subsection are not general fund revenue of the State and must be kept by the State Treasurer in a fund separate and apart from the general fund to be expended as provided in Section 23-47-65."/
Amend the bill further, Section 23-47-65(B)(2), page 3, line 20 by deleting /Recommend approve/ and inserting /recommend/ so when amended Section 23-47-65(B)(2) reads:


Printed Page 1010 . . . . . Tuesday, February 15, 2000

/(2)   recommend systems and equipment for which reimbursement may be allowed to CMRS providers and PSAPS PSAP's under the provisions of this chapter, which are compatible with each other as needed for the public's safety, and will not result in wasteful spending on inappropriate or redundant technology./
Amend the bill further, Section 23-47-65(C)(1)(a) on page 3, line 32 by deleting /thirty-nine percent/ and inserting /thirty-nine and eight tenths percent/ so when amended Section 23-47-65(C)(1)(a) reads:
/(a)   hold and distribute not more than thirty-nine and eight tenths percent of the total monthly revenues in the interest-bearing account to PSAP administrators based on CMRS 911 call volume for expenses incurred for the answering, routing, and proper disposition of CMRS 911 calls;/
Amend the bill further, Section 23-47-65(C)(1)(b) on page 3, line 37 by deleting /fifty-seven/ and inserting /fifty-seven fifty-eight and two tenths/ so when amended Section 23-47-65(C)(1)(b) reads:
/(b)   hold and distribute not to exceed more than fifty-seven fifty-eight and two tenths percent of the total monthly revenues in the interest-bearing account solely for the purposes of complying with applicable requirements of FCC Docket Number 94-102. These funds may be utilized by the PSAP and the CMRS providers licensed to do business in this State for the following purposes in connection with compliance with the FCC requirements: upgrading, acquiring, maintaining, programming, and installing necessary data, hardware, and software. Invoices detailing specific expenses for these purposes must be presented to the board in connection with any request for reimbursement, and the request must be approved by the board, upon recommendation of a majority vote of the committee. Any invoices presented to the board for reimbursements of costs not described by this section may be approved only by a unanimous vote of the committee, but in no event shall reimbursement be made for costs unrelated to compliance with applicable requirements of FCC Docket Number 94-102;/
Amend the bill further, Section 23-47-65, page 6 by deleting subsection (E) on lines 1 through 5 and inserting:
/(E)   At the end of the three-year term, On August 1, 2001 2004, the committee's existence terminates and all its duties and powers devolve to the board, except that the committee may continue to exist and function upon adoption by the General Assembly of a joint resolution extending its existence past August 1, 2001 2004."/

Printed Page 1011 . . . . . Tuesday, February 15, 2000

Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING requested debate on the Bill.

Rep. SANDIFER explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

ORDERED TO THIRD READING

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

H. 4271 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 56-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.

Rep. LAW explained the Bill.

S. 1020--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 1020 (Word version) -- Senators Passailaigue, Saleeby, Hayes, Matthews, Patterson, McConnell, Ford, Reese and Courtney: A BILL TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN


Printed Page 1012 . . . . . Tuesday, February 15, 2000

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

Printed Page 1013 . . . . . Tuesday, February 15, 2000

AND SECURING OF SHORT-TERM LOANS TO THE CORPORATION BY A MEMBER.

Rep. GAMBLE explained the Bill.

Reps. KNOTTS, FLEMING, TROTTER, WHATLEY, COTTY, KOON and BALES requested debate on the Bill.

H. 4311--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4311 (Word version) -- Reps. Sandifer and Emory: A BILL TO AMEND SECTIONS 36-9-301 AND 36-9-312, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN COLLATERAL OTHER THAN INVENTORY, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.

Reps. KNOTTS, TROTTER and FLEMING requested debate on the Bill.

Rep. GAMBLE explained the Bill.

Reps. EASTERDAY, SEITHEL, DANTZLER, FRYE, SANDIFER, HUGGINS, HINSON and WHATLEY requested debate on the Bill.

H. 4337--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4337 (Word version) -- Reps. Wilkins, Quinn, Cato, Haskins, Loftis, Tripp, Vaughn, Riser, Easterday, Hamilton and Rice: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM NOT LESS THAN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE A BOND OR GUARANTEE TO ACCOMPANY THE PETITION TO BE USED TO REIMBURSE THE COUNTY UNDER


Printed Page 1014 . . . . . Tuesday, February 15, 2000

CERTAIN CONDITIONS, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED NOT LESS THAN NINETY DAYS AND NOT MORE THAN ONE HUNDRED TWENTY DAYS FROM THE DATE THE PETITION IS CERTIFIED, OR AT THE NEXT GENERAL ELECTION WHICHEVER IS SOONER.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20958DW00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   Section 61-6-2010(C) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:

"(C)(1)   Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred five thousand qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition, which must be the petition form provided to county election officials by the State Election Commission, must be certified by the election commission within sixty days after receiving the petition form. In the case of a municipal referendum, the municipal election commission must hold the referendum on the first Tuesday after the first Monday in November of each year or at the next scheduled municipal or countywide general election, whichever is sooner. In the case of a county referendum, the county election commission must hold the referendum on the first Tuesday after the first Monday in November of each year or at the next scheduled countywide general election, whichever is sooner. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall


Printed Page 1015 . . . . . Tuesday, February 15, 2000

publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows:

'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

(2)   A referendum for this purpose may not be held more often than once in forty-eight months.

(3)   The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION   2.   This act takes effect July 1, 2000. /
Amend title to conform.

Rep. EASTERDAY explained the amendment.

Reps. KNOTTS, TROTTER, FLEMING, WHATLEY, KOON, KENNEDY and STUART requested debate on the Bill.

S. 60--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.

Reps. COBB-HUNTER, TROTTER, FLEMING, COTTY, SHEHEEN, MILLER, SHARPE, BREELAND, MOODY-LAWRENCE, DAVENPORT, J. SMITH, MEACHAM-RICHARDSON, KIRSH, R. SMITH, RHOAD, EMORY, CATO, INABINETT, YOUNG-BRICKELL, H. BROWN, LAW, WHATLEY, KNOTTS, OTT, J. H. NEAL, SCOTT, HOSEY, SANDIFER and BAILEY requested debate on the Bill.


Printed Page 1016 . . . . . Tuesday, February 15, 2000

S. 120--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.

Reps. WOODRUM, COTTY, KIRSH, STUART, KELLEY, WALKER, R. SMITH, SEITHEL, MCMAHAND, MOODY-LAWRENCE, LEACH, J. HINES, DAVENPORT, LLOYD, SCOTT, HOSEY, GOURDINE, J. H. NEAL and BARFIELD requested debate on the Bill.


Printed Page 1017 . . . . . Tuesday, February 15, 2000

H. 4582--REQUESTS FOR DEBATE

The following Joint Resolution was taken up:

H. 4582 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TERRITORY AND CERTIFICATES OF SEWERAGE UTILITIES AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SCOTT requested debate on the Joint Resolution.

Rep. SANDIFER explained the Joint Resolution.

Reps. HOSEY, GOVAN, LLOYD, GOURDINE, MOODY-LAWRENCE and MCMAHAND requested debate on the Joint Resolution.

S. 494--REQUEST FOR DEBATE AND POINT OF ORDER

The following Bill was taken up:

S. 494 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO INSULIN DEPENDENT DIABETICS.

Rep. SCOTT requested debate on the Bill.

POINT OF ORDER

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


Printed Page 1018 . . . . . Tuesday, February 15, 2000

H. 3555--POINT OF ORDER

The following Bill was taken up:

H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.

POINT OF ORDER

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

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

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

H. 4620 (Word version) -- Rep. Perry: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTH AIKEN HIGH SCHOOL "LADY THOROUGHBREDS" TENNIS TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, FEBRUARY 17, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1999 CLASS AAAA STATE TENNIS CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the South Aiken High School "Lady Thoroughbreds" Tennis Team, coaches, and other school officials on Thursday, February 17, 2000, at a time to be determined by the


Printed Page 1019 . . . . . Tuesday, February 15, 2000

Speaker, for the purpose of being recognized and congratulated on winning the 1999 Class AAAA State Tennis Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4621 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH AIKEN HIGH SCHOOL "LADY THOROUGHBREDS" TENNIS TEAM AND HEAD COACH, DONNA JONES, ON CAPTURING THEIR THIRD CLASS AAAA STATE TENNIS CHAMPIONSHIP IN FIVE YEARS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4622 (Word version) -- Reps. McKay, McGee, M. Hines, J. Hines and Askins: A CONCURRENT RESOLUTION CONGRATULATING JERRY L. COKER, OF FLORENCE COUNTY, FOR HIS DISTINGUISHED PUBLIC SERVICE AND ON THE OCCASION OF HIS OUTSTANDING TWENTY-FIVE YEARS AS A LAW ENFORCEMENT OFFICER.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILL

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

H. 4623 (Word version) -- Rep. Bailey: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS AND HOME INSPECTORS SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR,


Printed Page 1020 . . . . . Tuesday, February 15, 2000

LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS AND HOME INSPECTORS.
Referred to Committee on Labor, Commerce and Industry

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4510 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 1, 2000.

H. 4589 (Word version) -- Reps. Perry, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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, 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, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION HONORING THE MEMORY OF THE HONORABLE CARL WOODLEY LITTLEJOHN, JR., OF AIKEN COUNTY AND EXTENDING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HIS FAMILY AND COUNTLESS FRIENDS.


Printed Page 1021 . . . . . Tuesday, February 15, 2000

H. 4593 (Word version) -- Reps. Carnell, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, 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, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ONE OF THEIR MOST CHERISHED FRIENDS, PRISCILLA NAVARRO SIMS (MRS. LANA HANCOCK SIMS), FOR HER UNBOUNDED COMMITMENT AND DEDICATION TO THE PALMETTO STATE ON THE OCCASION OF HER RETIREMENT AND TO WISH HER HAPPINESS AND GOOD HEALTH IN ALL THE YEARS TO COME.

ADJOURNMENT

At 1:00 p.m. the House, in accordance with the motion of Rep. TAYLOR, adjourned in memory of Zack Seymour of Laurens, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Friday, June 26, 2009 at 9:23 A.M.