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


Printed Page 1633 . . . . . Tuesday, March 30, 1999

Tuesday, March 30, 1999
(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 God, with a profound sense of Your greatness, we come in these moments of prayer to pledge our allegiance to Your divine will. Grant that in the hushed and holy moments of this prayer, we may find our minds quickened and strengthened for the responsibilities and duties of this day. Teach us to live in calmness and confidence, in patience and perseverance, trusting always in Your guidance. Enrich our lives with understanding and goodwill and with Your presence that never fails, forgets, or forsakes. Thank You, Lord, for this privilege of 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. WOODRUM moved that when the House adjourns, it adjourn in memory of former Representative James Cuttino, Jr. of Sumter, which was agreed to.

REPORT OF STANDING COMMITTEE

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

H. 3356 (Word version) -- Reps. Limehouse, Harrell, Seithel, Fleming, Altman, Campsen, Vaughn, McCraw, Harrison, Wilkins, Barrett, Sandifer, Easterday, McGee and Rice: A BILL TO AMEND CHAPTER 4 OF TITLE 30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF


Printed Page 1634 . . . . . Tuesday, March 30, 1999

INFORMATION ACT, SO AS TO PROHIBIT THE SALE BY A PUBLIC BODY OF ANY RECORDS, PUBLIC OR OTHERWISE.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3788 (Word version) -- Reps. Rodgers, Gilham, Pinckney and Lloyd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-430 SO AS TO PROVIDE A SPECIFIC CRIMINAL PENALTY FOR VIOLATING THE NUMBERING REQUIREMENTS FOR WATERCRAFT OF ARTICLE 3, CHAPTER 21, TITLE 50, INCLUDING A MAXIMUM FIVE HUNDRED DOLLAR FINE FOR OPERATING AN UNNUMBERED VESSEL FOR MORE THAN TWELVE MONTHS, AND TO MAKE THE OFFENSE TRIABLE IN MAGISTRATE'S COURT.
Referred to Committee on Judiciary

H. 3789 (Word version) -- Reps. Battle, Bailey, Bales, Barfield, Gourdine, Harris, Harrison, Harvin, Hayes, Keegan, Kelley, Kennedy, Limehouse, Lloyd, Lourie, McGee, M. McLeod, Miller, Phillips, Riser, Sandifer, F. Smith and Witherspoon: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO PRODUCT MANUFACTURERS WHO ARE NOT A PARTY TO THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND OTHER TOBACCO PRODUCT MANUFACTURERS, TO REQUIRE NONPARTICIPATING TOBACCO PRODUCT MANUFACTURERS TO PLACE FUNDS INTO AN ESCROW ACCOUNT, BASED ON THE NUMBER OF TOBACCO PRODUCT UNITS SOLD, FOR WITHDRAWAL TO PAY A FUTURE JUDGMENT OR SETTLEMENT, TO PROVIDE FOR ANNUAL CERTIFICATION OF COMPLIANCE, AND TO ESTABLISH ENFORCEMENT PROCEDURES AND CIVIL PENALTIES, INCLUDING PAYMENT OF ATTORNEY'S FEES AND COSTS,


Printed Page 1635 . . . . . Tuesday, March 30, 1999

FINES, AND AN INJUNCTION OF CIGARETTE SALES IN THE STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3790 (Word version) -- Reps. Rhoad, Carnell, Neilson, Hayes, Lloyd, Knotts, Bowers, Taylor, Wilder, Ott, McCraw, Witherspoon, W. McLeod, Koon, Barrett, Miller, Battle, Bailey, Phillips, Cotty, Rutherford, Keegan, Delleney, J. Brown, D. Smith and Gourdine: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 622 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 5, 1999, MISSED BY SIXTH AND SEVENTH GRADE STUDENTS OF GREER MIDDLE SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO THE LOSS OF HEAT IN THE BUILDING 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.
On motion of Rep. CATO, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 628 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR LICENSURE,


Printed Page 1636 . . . . . Tuesday, March 30, 1999

DESIGNATED AS REGULATION DOCUMENT NUMBER 2386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 629 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 630 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCEPTABLE CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2387, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 631 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCEPTABLE CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2387, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 632 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIRED EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 633 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OTHER EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT


Printed Page 1637 . . . . . Tuesday, March 30, 1999

NUMBER 2402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 634 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO APPLICATION FOR TEACHING CREDENTIAL, REQUIRED DOCUMENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2392, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 635 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHING EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2401, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 637 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FOREIGN APPLICANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2399, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 638 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPIRED LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2398, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 639 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EFFECTIVE DATE OF CREDENTIAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2393,


Printed Page 1638 . . . . . Tuesday, March 30, 1999

PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 640 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 641 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2396, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 642 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CREDENTIAL ADVANCEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2394, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

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

H. 3791 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SENECA HIGH SCHOOL "LADY CATS" VARSITY BASKETBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1999 CLASS AAA STATE BASKETBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:


Printed Page 1639 . . . . . Tuesday, March 30, 1999

That the privilege of the floor of the House of Representatives be extended to the Seneca High School "Lady Cats" Varsity Basketball Team at a date and time to be determined by the Speaker for the purpose of being recognized for winning the 1999 Class AAA State Basketball Championship.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3792 (Word version) -- Reps. Cotty and Sheheen: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LUGOFF-ELGIN "DEMONS" HIGH SCHOOL WRESTLING TEAM AND ITS COACHES ON THURSDAY, APRIL 15, 1999, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1999 STATE CLASS AAA WRESTLING CHAMPIONSHIP, ITS THIRD CONSECUTIVE STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Lugoff-Elgin "Demons" High School Wrestling Team and its coaches at a time to be determined by the Speaker on Thursday, April 15, 1999, for the purpose of being recognized on winning the 1999 State Class AAA Wrestling Championship, its third consecutive state championship.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3793 (Word version) -- Rep. Clyburn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE WARDLAW ACADEMY LADY PATRIOTS BASKETBALL TEAM, ITS COACHES, AND OTHER SCHOOL OFFICIALS ON MARCH 31, 1999, FOR THE PURPOSE


Printed Page 1640 . . . . . Tuesday, March 30, 1999

OF BEING RECOGNIZED FOR WINNING ITS THIRD CONSECUTIVE SCISAA CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Wardlaw Academy Lady Patriots Basketball Team, its coaches, and other school officials at a time to be determined by the Speaker on Wednesday, March 31, 1999, for the purpose of being recognized for winning their third consecutive SCISAA Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3794 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE COACHES AND MEMBERS OF THE WARDLAW ACADEMY LADY PATRIOTS BASKETBALL TEAM OF EDGEFIELD COUNTY ON WINNING THEIR THIRD CONSECUTIVE SCISAA CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3795 (Word version) -- Reps. Neilson, Lucas and J. Hines: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. HARMON BALDWIN OF DARLINGTON FOR HIS MANY YEARS OF LEADERSHIP AND PUBLIC SERVICE IN THE DEVELOPMENT OF PARKS, RECREATION, AND THE TOURISM INDUSTRY IN DARLINGTON COUNTY AND THE PEE DEE REGION, AND TO EXTEND BEST WISHES FOR HIS CONTINUED SUCCESS ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 1641 . . . . . Tuesday, March 30, 1999

ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hayes
Hines J.               Hines M.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Maddox                 Mason
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith R.
Stille                 Stuart                 Taylor
Tripp                  Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell


Printed Page 1642 . . . . . Tuesday, March 30, 1999

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 30.

Harry Askins                      George Campsen
Ralph Canty                       Fletcher Smith
Jerry Govan                       Anthony Harris
James Smith                       Dwight Loftis
David Mack                        Becky Martin
Woodrow McKay                     Ronald Townsend
Teddy Trotter                     Jackson Whipper
Alex Harvin

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Ted Watson of Greenville 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."


Printed Page 1643 . . . . . Tuesday, March 30, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3641 (Word version)
Date:     ADD:
03/30/99   SEITHEL

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/30/99   SEITHEL

CO-SPONSOR ADDED

Bill Number:   H. 3363 (Word version)
Date:     ADD:
03/30/99   RODGERS

SENT TO THE SENATE

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

H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Harris, J. Smith, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES;


Printed Page 1644 . . . . . Tuesday, March 30, 1999

AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification:

S. 448 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO AMEND SECTION 72.37 J., PART IB, ACT 419 OF 1998, RELATING TO EXPENSE REIMBURSEMENTS FOR STATE EMPLOYEES USING A PERSONAL VEHICLE FOR OFFICIAL BUSINESS, SO AS TO REDUCE THE MILEAGE REIMBURSEMENT RATE FROM 32.5 CENTS TO 31 CENTS PER MILE IN ORDER TO CONFORM WITH A REDUCTION IN THE ALLOWABLE REIMBURSEMENT RATE PURSUANT TO FEDERAL REGULATION.

H. 3646 -- DEBATE ADJOURNED

Rep. LEACH moved to adjourn debate upon the following Bill until Wednesday, March 31, which was adopted:

H. 3646 (Word version) -- Reps. Leach, Cato, Easterday, Hamilton, Haskins, Loftis, Rice, Tripp and Vaughn: A BILL TO AMEND ACT 521 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS AND FOR THE NOMINATION OF CANDIDATES.

H. 3293 -- REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3293 (Word version) -- Reps. Wilkins, Gilham, Webb, Witherspoon, Lucas, Meacham, Taylor, Mason, Barrett, Harrison, Haskins, Tripp, Rodgers, Walker, Woodrum, Altman, Allison, Riser, Sandifer, McGee, Keegan, Townsend, Littlejohn, Hawkins and Leach: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS OF CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE


Printed Page 1645 . . . . . Tuesday, March 30, 1999

WITHIN THE DEFINITION AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR A BALLOT MEASURE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE.

Reps. ALLISON, CATO, HARRISON, J. SMITH, LIMEHOUSE, R. SMITH, SANDIFER, T. BROWN and WALKER requested debate on the Bill.

ORDERED TO THIRD READING

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

S. 352 (Word version) -- Senator Moore: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
Rep. HARRISON explained the Bill.

H. 3531 -- POINT OF ORDER

The following Bill was taken up:

H. 3531 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION.
Rep. COTTY explained the Bill.

POINT OF ORDER

Rep. NEAL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not


Printed Page 1646 . . . . . Tuesday, March 30, 1999

been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3616 -- POINT OF ORDER

The following Bill was taken up:

H. 3616 (Word version) -- Reps. Fleming, Altman, Barfield, Barrett, Bauer, Beck, H. Brown, Campsen, Cato, Chellis, Cotty, Dantzler, Delleney, Easterday, Gilham, Gourdine, Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Klauber, Lanford, Law, Leach, Limehouse, Littlejohn, Lucas, Maddox, Martin, Mason, McGee, McKay, Meacham, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Stille, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Wilder, Wilkins, Woodrum, Young-Brickell, Edge and D. Smith: A BILL TO AMEND SECTION 8-13-1316, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROVIDE THAT A RECIPIENT GIVEN A CONTRIBUTION IN VIOLATION OF THIS SECTION MUST REMIT IT TO THE CHILDREN'S TRUST FUND WITHIN SEVEN DAYS OF ITS RECEIPT.
Rep. FLEMING explained the Bill.

POINT OF ORDER

Rep. MCGEE 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.

H. 3398 -- POINT OF ORDER

The following Bill was taken up:

H. 3398 (Word version) -- Reps. Robinson, Kelley, Simrill, H. Brown, Sandifer, Fleming, Easterday, McKay, Rice, Leach, D. Smith, Hamilton, Klauber, Trotter, Haskins, Harrison, Vaughn and Barrett: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO FURTHER PROVIDE FOR THE AWARDING OF ATTORNEY'S


Printed Page 1647 . . . . . Tuesday, March 30, 1999

FEES IN SUCH ACTIONS AND IN ADMINISTRATIVE PROCEEDINGS; AND TO AMEND SECTION 15-77-310, RELATING TO PETITIONING FOR ATTORNEY'S FEES, SO AS TO REVISE THE TIME WITHIN WHICH THE PREVAILING PARTY MUST PETITION FOR ATTORNEY'S FEES AND TO PERMIT A PETITION FOR ATTORNEY'S FEES IN ADMINISTRATIVE ACTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20347SD99):
Amend the bill, as and if amended, in Section 15-77-300 of the 1976 Code as contained in SECTION 1, page 1, line 34, by inserting /Administrative Law Judge Division,/ after /officer,/
When amended Section 15-77-300 shall read:

"Section 15-77-300.   In any civil action or administrative proceeding brought by or against the State, any or a political subdivision or agency of the State, or in a civil action where any party who is contesting state action, unless the prevailing party is the State or any a political subdivision or agency of the State, the court, chief procurement officer, Administrative Law Judge Division, Procurement Review Panel, or other appropriate state officer or agency may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency or losing party if it is found that:

(1)   The court finds that the agency or losing party acted without substantial justification in pressing its claim against the prevailing party or the state action; and

(2)   The court finds that there are no special circumstances that would make the award of attorney's fees unjust.

The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, except as provided by law."
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY explained the amendment.


Printed Page 1648 . . . . . Tuesday, March 30, 1999

POINT OF ORDER

Rep. SHARPE 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.

S. 620 -- POINT OF ORDER

The following Joint Resolution was taken up:

S. 620 (Word version) -- Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING, OR OTHERWISE FURNISHING, SOCIAL SECURITY NUMBERS, DIGITIZED PHOTOGRAPHS, AND DIGITIZED SIGNATURES, AND TO PROHIBIT ANY PRIVATE PERSON OR ENTITY FROM USING AN ELECTRONICALLY-STORED VERSION OF THE PHOTOGRAPH, SOCIAL SECURITY NUMBER, OR SIGNATURE OF ANY PERSON FOR ANY PURPOSE, WHEN SUCH ELECTRONICALLY-STORED INFORMATION WAS OBTAINED FROM A DRIVER'S LICENSE RECORD.

POINT OF ORDER

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

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3796 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF


Printed Page 1649 . . . . . Tuesday, March 30, 1999

ONE OF LEE COUNTY'S FINEST CITIZENS, MISS HALLIE MAE BYRD, WHO PASSED AWAY ON FRIDAY, MARCH 5, 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3797 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, 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 CONGRATULATING DR. SYLVIA POOLE SWINTON OF RICHLAND COUNTY ON BEING HONORED BY THE ALLEN UNIVERSITY BOOSTERS NETWORK DURING ITS ALUMNI BANQUET ON APRIL 3, 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

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

H. 3798 (Word version) -- Reps. Bailey, Barfield, Allen, Allison, Altman, Askins, Bales, Battle, Beck, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Gamble, Gourdine, Gilham, Hamilton, Harris, Harrell, Harrison, Harvin, Haskins,


Printed Page 1650 . . . . . Tuesday, March 30, 1999

Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, J. Smith, F. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 40-11-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL AND MECHANICAL CONTRACTORS' LICENSURE, SO AS TO PROVIDE THAT ON RENEWAL A GENERAL CONTRACTOR BIDDING AND PERFORMING ON JOBS NOT EXCEEDING A SPECIFIED AMOUNT MAY SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT WITH AN AFFIDAVIT OF ACCURACY INDICATING A CERTAIN REQUIRED NET WORTH, RATHER THAN REQUIRING A CERTIFIED PUBLIC ACCOUNTANT TO PREPARE THE FINANCIAL STATEMENT.
Referred to Committee on Labor, Commerce and Industry

S. 398 (Word version) -- Senator Setzler: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
Referred to Committee on Labor, Commerce and Industry


Printed Page 1651 . . . . . Tuesday, March 30, 1999

HOUSE RESOLUTION

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

H. 3799 (Word version) -- Reps. Moody-Lawrence, Simrill, Meacham, Delleney and McCraw: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CLINTON JUNIOR COLLEGE GOLDEN BEARS MEN'S BASKETBALL TEAM, COACHES, AND OTHER COLLEGE OFFICIALS ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR WINNING THE REGION TEN BASKETBALL TOURNAMENT.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Clinton Junior College Golden Bears Men's Basketball Team, coaches, and other college officials on a date and at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for winning the Region Ten Basketball Tournament.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3800 (Word version) -- Reps. Delleney, Kirsh, McCraw, Meacham, Moody-Lawrence and Simrill: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE COACHES AND MEMBERS OF THE CLINTON JUNIOR COLLEGE GOLDEN BEARS MEN'S BASKETBALL TEAM FOR WINNING THE REGION TEN BASKETBALL TOURNAMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

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


Printed Page 1652 . . . . . Tuesday, March 30, 1999

ADJOURNMENT

At 12:40 P.M. the House in accordance with the motion of Rep. WOODRUM adjourned in memory of former Representative James Cuttino, Jr. of Sumter, to meet at 10:00 A.M. tomorrow.

***

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