Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Make these moments sacred, Lord God, as we pause at this wayside altar of prayer. Accept our love and loyalty as we recognize You as "the Giver of every good and perfect gift." In our sophisticated age it is easy to put our trust in the inventions of humankind. In this age of mechanical wonders, of automatic devices, of clever gadgets, save us from regarding the boastful display of these as being of ultimate importance. Instead let us make our supreme endeavor be to keep our honor untarnished, our promises sacredly kept, and our spiritual verities lifted high above self-centered materialism. Lord, in Your mercy, hear this our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. RODGERS moved that when the House adjourns, it adjourn in memory of Margaret "Peggy" Burnley Wymond Verity of Beaufort, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 196 (Word version) -- Senators Courson, Giese, Leventis, McGill and Hayes: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE HAROLD L. MILLER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 24, 1999.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3288 (Word version) -- Rep. Inabinett: A BILL TO RATIFY AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.
Ordered for consideration tomorrow.
On motion of Rep. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 3426 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 1999, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and
Whereas, the winners of the 1999 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 1999 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly invite the winners of the 1999 Jean Laney Harris Folk Heritage Awards and the members of the 1999 Jean Laney Harris Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 21, 1999, and that the members of the General Assembly recognize and commend the 1999 Jean Laney Harris Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 381 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE BEACH BY RECOGNIZING IT AS THE CHILDREN'S MUSEUM OF MYRTLE BEACH, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3427 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3428 (Word version) -- Rep. Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-112-25 SO AS TO PROVIDE THAT ANY BUSINESS WHOSE PRINCIPAL OFFICE IS LOCATED IN SOUTH CAROLINA WHICH REQUIRES ITS EMPLOYEES TO ATTEND CONTINUING EDUCATION COURSES AT STATE INSTITUTIONS AND WHICH PAYS FOR SUCH COURSES FOR ITS EMPLOYEES IS ENTITLED TO PAY IN-STATE TUITION RATES FOR COST OF THESE COURSES WHETHER OR NOT THE EMPLOYEES ATTENDING ARE DOMICILED IN THIS STATE.
Referred to Committee on Education and Public Works
H. 3429 (Word version) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 4, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS 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. WALKER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3430 (Word version) -- Reps. Rodgers, Knotts, Clyburn, Gourdine, McGee, McKay, Woodrum, Lloyd, Ott, Townsend and Gilham: A BILL TO AMEND SECTION 56-5-2585, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF DISABLED VETERANS FROM PAYMENT OF MUNICIPAL PARKING METER FEES, SO AS TO INCLUDE PURPLE HEART RECIPIENTS IN THE EXEMPTION.
Referred to Committee on Education and Public Works
H. 3431 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 40-30-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWAL FOR MASSAGE/BODYWORK THERAPISTS SO AS TO EXEMPT LICENSEES WHO HAVE PRACTICED IN THE STATE FOR TWENTY-FIVE YEARS OR MORE FROM CONTINUING EDUCATION REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3432 (Word version) -- Reps. Campsen, Altman, Limehouse and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL HUNTING AND FISHING PROVISIONS, BY ADDING SECTION 50-11-13 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY BIRDS WITH A SHOTGUN CAPABLE OF HOLDING MORE THAN THREE SHELLS, UNLESS IT IS PLUGGED WITH A ONE-PIECE FILLER THAT IS INCAPABLE OF REMOVAL WITHOUT DISASSEMBLING THE GUN, SO ITS TOTAL CAPACITY DOES NOT EXCEED THREE SHELLS; TO DEFINE "DISASSEMBLING THE GUN" FOR THE PURPOSES OF THIS SECTION AND FOR LAW ENFORCEMENT PURPOSES IN THIS STATE; AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3433 (Word version) -- Reps. Campsen, D. Smith, Davenport, Harrison, Sharpe, Altman and Barrett: A BILL TO AMEND CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING SECTION 41-1-110 SO AS TO ENACT THE "WORKERS' FREEDOM OF CONSCIENCE ACT", INCLUDING PROVISIONS FOR CRIMINAL OFFENSES AND PENALTIES.
Referred to Committee on Labor, Commerce and Industry
H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON DEPARTMENT GUIDELINES AND TO PROVIDE AN EXCEPTION; AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3435 (Word version) -- Reps. Knotts, Kelley, Keegan, Stuart, Howard, Lloyd and Riser: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.
Referred to Committee on Labor, Commerce and Industry
H. 3436 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTIONS 9-1-1620 AND 9-11-15, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT ALLOWANCE OPTIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM, SO AS PROSPECTIVELY TO DELETE THE OPTION ALLOWING THE ADVANCEMENT TO THE RETIREE OF AN AMOUNT FOR INCLUSION IN THE RETIREE'S MONTHLY ALLOWANCE EQUIVALENT TO THE RETIREE'S ESTIMATED SOCIAL SECURITY BENEFIT.
Referred to Committee on Ways and Means
H. 3437 (Word version) -- Reps. Vaughn, Loftis, Leach, Easterday, Phillips, Young-Brickell, M. McLeod, Gilham, Lanford, Seithel, Rice, Simrill, Walker, Harrison, Lucas, Campsen, Delleney, Mason, Govan, Barrett, Keegan, Hamilton, Trotter, Haskins, Beck, R. Smith, Cato, Robinson, Quinn, Rodgers and Moody-Lawrence: A BILL TO AMEND SECTION 12-37-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO ALLOW AN ADDITIONAL UNREIMBURSED HOMESTEAD EXEMPTION FROM MUNICIPAL TAXES FOR PROPERTY RECEIVING THE STATEWIDE HOMESTEAD EXEMPTION ALLOWED ON THE DWELLINGS OF PERSONS WHO HAVE ATTAINED AGE SIXTY-FIVE OR WHO ARE PERMANENTLY AND TOTALLY DISABLED, SO AS TO EXTEND THIS AUTHORITY TO ALL POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS.
Referred to Committee on Ways and Means
H. 3438 (Word version) -- Reps. Bales, Neal, Scott, Clyburn, Gilham, G. Brown, Neilson, Inabinett, Cobb-Hunter, Bailey, Howard, Kennedy, Gourdine, J. Smith, Koon, J. Hines, Rutherford, M. Hines, Cotty, Parks, Knotts, Carnell, Taylor, T. Brown, Rodgers, Harrison, Harris, Riser, Harvin, Mack, Breeland, Keegan, Harrell, M. McLeod, Lourie, Ott and Chellis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT AN AMOUNT OF FAIR MARKET VALUE OF REAL PROPERTY SUFFICIENT TO LIMIT TO FIFTEEN PERCENT INCREASES IN THE VALUE OF SUCH PROPERTY ATTRIBUTABLE TO COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAMS, TO EXCLUDE IMPROVEMENTS FROM THE EXEMPTION, TO PROVIDE THAT THE EXEMPTION IS NOT TRANSFERRED WITH THE PROPERTY, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Ways and Means
H. 3439 (Word version) -- Rep. Altman: A BILL TO REQUIRE THAT THE ANNUAL COLLEGE FOOTBALL GAME BETWEEN CLEMSON UNIVERSITY AND THE UNIVERSITY OF SOUTH CAROLINA MUST BE CALLED THE SOUTH CAROLINA THANKSGIVING BOWL AND PLAYED ON THANKSGIVING DAY ON A HOME AND HOME BASIS, BEGINNING AT CLEMSON IN THE YEAR 2000.
Referred to Committee on Ways and Means
H. 3440 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 40-11-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THRESHOLD CONSTRUCTION COSTS REQUIRING LICENSURE AS A GENERAL CONTRACTOR OR MECHANICAL CONTRACTOR SO AS TO INCREASE THE THRESHOLD FROM FIVE THOUSAND DOLLARS TO FORTY-FIVE THOUSAND DOLLARS FOR GENERAL CONTRACTORS AND FROM FIVE THOUSAND DOLLARS TO THIRTY-FIVE THOUSAND DOLLARS FOR MECHANICAL CONTRACTORS.
Referred to Committee on Labor, Commerce and Industry
H. 3441 (Word version) -- Reps. Cooper, Klauber, Stille, Trotter and Cato: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SONS OF CONFEDERATE VETERANS.
Referred to Committee on Education and Public Works
H. 3442 (Word version) -- Reps. Cooper, Klauber, Cato, Trotter, Hawkins and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB, INTERFERE, OR REMOVE MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS AND PROVIDE A PENALTY.
Referred to Committee on Judiciary
H. 3443 (Word version) -- Reps. Barfield, Witherspoon, Keegan, Edge and Kelley: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING SECTION 50-21-134 SO AS TO ESTABLISH A NO WAKE ZONE ON SPECIFIED PORTIONS OF THE WACCAMAW RIVER.
Rep. BARFIELD asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SIMRILL objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell and Quinn: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVERALL DEBT LIMIT ON STATE INSTITUTION BONDS.
Rep. CARNELL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. EASTERDAY objected.
Referred to Committee on Ways and Means
S. 332 (Word version) -- Senator Jackson: A BILL TO RATIFY AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.
On motion of Rep. HARRISON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
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.
Referred to Committee on Judiciary
S. 412 (Word version) -- Senators Glover, Saleeby, Land, McGill and Leatherman: A JOINT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN FLORENCE, SOUTH CAROLINA, IN HONOR OF DR. MARTIN LUTHER KING, JR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
Referred to Committee on Education and Public Works
S. 322 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
On motion of Rep. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 294 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR AS WELL AS TO THE GENERAL ASSEMBLY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Rep. QUINN raised Points of Order on the introduction of the following Joint Resolution:
S. 1 (Word version) -- Senators Passailaigue, McConnell, Ford, O'Dell, Elliott, Branton, Hutto and Glover: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT THE NET REVENUE DERIVED FROM THE LOTTERIES BE USED SOLELY TO SUPPORT IMPROVEMENTS AND ENHANCEMENTS TO EDUCATION PURPOSES AND PROGRAMS AS PROVIDED FOR BY THE GENERAL ASSEMBLY, AND FURTHER PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII, SO AS TO PROHIBIT THE OPERATION OF A VIDEO GAME WITH A FREE PLAY FEATURE.
Rep. QUINN raised a Point of Order that in accordance with Article III, Section 17 the Joint Resolution violated the provision requiring a single subject in the Joint Resolution.
SPEAKER WILKINS overruled the Point of Order and stated that the substance of the Resolution was reflected in the amended title. He stated further that Article III, Section 17 does not apply to Constitutional Amendments.
Rep. QUINN raised a Point of Order that in accordance with Article 16, Section 1 that the question presented in the Resolution did not properly reflect the substance of the Constitutional Amendment.
SPEAKER WILKINS stated that he would render a ruling at a later point in time.
The following was introduced:
H. 3444 (Word version) -- Rep. Altman: A CONCURRENT RESOLUTION TO REQUIRE THAT, WHEN THE SENATE AND THE HOUSE OF REPRESENTATIVES MEET IN JOINT ASSEMBLY, THE PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE SHALL PRESIDE AND DISCHARGE THE DUTIES OF THE PRESIDING OFFICER OF THE JOINT ASSEMBLY ON AN ALTERNATING BASIS.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 3446 (Word version) -Reps. Chellis, Young-Brickell and Bailey: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" FOOTBALL TEAM FOR AN UNDEFEATED AND EXCEPTIONAL SEASON IN 1998 AND FOR WINNING THE DIVISION 1-AAAA STATE FOOTBALL CHAMPIONSHIP, AND TO HONOR HEAD COACH AND ATHLETIC DIRECTOR JOHN MCKISSICK ON HIS 459 CAREER VICTORIES AS A HIGH SCHOOL FOOTBALL COACH AND TO PROVIDE THAT THE TEAM, COACHES, AND SCHOOL OFFICIALS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 18, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, the Summerville High School "Green Wave" Football Team clinched the 1998 Division 1-AAAA State Football Championship with a dramatic 31-23 victory over Gaffney High School before 25,000 excited spectators at Williams Brice Stadium in Columbia and a statewide television audience on December 5, 1998; and
Whereas, the "Green Wave" was undefeated in the regular football season, finishing with an outstanding 15-0 record; and
Whereas, while this was their first state football championship since 1986, it was Summerville's twelfth state championship overall, their tenth under Coach John McKissick, and the fifth undefeated team he has coached at Summerville; and
Whereas, the Summerville "Green Wave" was honored by being selected as Number 21 in the Super 25 Nationwide High School Final Football Rankings of USA Today newspaper and chosen Number 9 in the South Regional Rankings; and
Whereas, this impressive level of competition and excellence could not have been accomplished without the leadership and guidance of Head Coach John McKissick, and his able staff of eight assistant coaches, athletic trainer, and equipment manager; and
Whereas, Coach John McKissick is legendary in South Carolina athletic history as he has been a high school coach for forty-seven seasons since 1952, and with the victories achieved by this 1998 championship team he has amassed 459 career wins; and
Whereas, he is a proven motivator and has had an impact on the lives of hundreds of young men; and
Whereas, Coach McKissick has been called "the winningest coach in the world"; and
Whereas, the countless hours of practice, hard work, and sacrifices certainly reflect the Summerville High School team's determination to be the best that they could be; and
Whereas, while achieving an undefeated season was truly a whole team effort, there are a number of players with outstanding individual statistics: Bernard Rambert, Jonathan Smalls, and Jason Dennis, running backs; Nick Spearman, quarterback; linebacker Travis Mazyck; defensive backs, Malume Green and Quinn Tolbert; Reggie Williams, Preston Thorne, and Joe Washington on defense; punter and kicker Joey Bowers and field goal kicker, Ryan Bowers; and
Whereas, the success of the 1998 Summerville High School Football Team has brought great pride and recognition not only upon Dorchester County, but also to the Palmetto State; and
Whereas, the members of the House of Representatives would like to publicly recognize and congratulate each player, each coach and staff member, the school officials, and especially Coach John McKissick upon the conclusion of a truly memorable season. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina hereby congratulate the Summerville High School "Green Wave" Football Team for an undefeated and exceptional season in 1998 and for winning the Division 1-AAAA state football championship, and honor Head Coach and Athletic Director John McKissick on his 459 career victories as a high school football coach.
Be it further resolved that the team, coaches, and school officials shall be granted the privilege of the floor of the House of Representatives on Thursday, February 18, 1999, at a time to be determined by the Speaker for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be forwarded to Coach John McKissick and Principal Earl Lovelace.
The Resolution was adopted.
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. Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, February 3.
Bill Cotty Joseph Neal
The SPEAKER granted Rep. CAMPSEN a leave of absence for today and tomorrow to represent the South Carolina General Assembly at the National Prayer Breakfast in Washington, D. C.
The SPEAKER granted Rep. LAW a leave of absence for today and tomorrow.
The SPEAKER granted Rep. STILLE a leave of absence for yesterday and the remaining two weeks due to illness.
Announcement was made that Dr. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3046 (Word version)
Date: ADD:
02/03/99 HINSON
Bill Number: H. 3108 (Word version)
Date: ADD:
02/03/99 RICE
Bill Number: H. 3108 (Word version)
Date: ADD:
02/03/99 HINSON
Bill Number: H. 3135 (Word version)
Date: ADD:
02/03/99 HAMILTON
Bill Number: H. 3135 (Word version)
Date: ADD:
02/03/99 EASTERDAY
Bill Number: H. 3135 (Word version)
Date: ADD:
02/03/99 RICE
Bill Number: H. 3153 (Word version)
Date: ADD:
02/03/99 HINSON
Bill Number: H. 3154 (Word version)
Date: ADD:
02/03/99 HINSON
Bill Number: H. 3155 (Word version)
Date: ADD:
02/03/99 HINSON
Bill Number: H. 3156 (Word version)
Date: ADD:
02/03/99 HINSON
Bill Number: H. 3157 (Word version)
Date: ADD:
02/03/99 HINSON
Bill Number: H. 3157 (Word version)
Date: ADD:
02/03/99 KNOTTS
Bill Number: H. 3158 (Word version)
Date: ADD:
02/03/99 MADDOX
Bill Number: H. 3209 (Word version)
Date: ADD:
02/03/99 HINSON
Bill Number: H. 3233 (Word version)
Date: ADD:
02/03/99 HINSON
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 NEILSON
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 LIMEHOUSE
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 BECK
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 M. MCLEOD
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 G. BROWN
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 KNOTTS
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 RISER
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 KOON
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 STUART
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 HAYES
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 WILDER
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 CARNELL
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 COTTY
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 LEACH
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 LOFTIS
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 BARRETT
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 D. SMITH
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 CATO
Bill Number: H. 3379 (Word version)
Date: ADD:
02/03/99 GOVAN
Bill Number: H. 3153 (Word version)
Date: ADD:
02/03/99 GOVAN
Bill Number: H. 3242 (Word version)
Date: ADD:
02/03/99 J. SMITH
Bill Number: H. 3242 (Word version)
Date: ADD:
02/03/99 NEILSON
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 BOWERS
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 ALLISON
Bill Number: H. 3243 (Word version)
Date: ADD:
02/03/99 WILKINS
Bill Number: H. 3263 (Word version)
Date: ADD:
02/03/99 J. SMITH
Bill Number: H. 3263 (Word version)
Date: ADD:
02/03/99 LOURIE
Bill Number: H. 3080 (Word version)
Date: ADD:
02/03/99 LOURIE
Bill Number: H. 3122 (Word version)
Date: ADD:
02/03/99 LOURIE
Bill Number: H. 3123 (Word version)
Date: ADD:
02/03/99 LOURIE
Bill Number: H. 3108 (Word version)
Date: ADD:
02/03/99 SEITHEL
Bill Number: H. 3175 (Word version)
Date: ADD:
02/03/99 GOVAN
Bill Number: H. 3175 (Word version)
Date: ADD:
02/03/99 NEAL
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION AND MAINTENANCE OF GOLF COURSES AS A PERMITTED ACTIVITY OF THE DISTRICT.
H. 3412 (Word version) -- Reps. Davenport, Hawkins, Walker, Allison, D. Smith, Littlejohn and Lee: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT OF SPARTANBURG COUNTY, SO AS TO INCREASE THE FIRE CONTROL BOARD FROM FIVE TO SEVEN MEMBERS.
H. 3062 (Word version) -- Rep. Kirsh: A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-140 SO AS TO AUTHORIZE A STATE AGENCY TO ESTABLISH, COLLECT, AND RETAIN A FINE TO COVER THE COST OF COLLECTING A DISHONORED CHECK.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
S. 407 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 18, 1998, MISSED BY STUDENTS OF BUENA VISTA ELEMENTARY IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS 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.
Rep. BAILEY asked unanimous consent to recall H. 3415 from the Committee on Labor, Commerce and Industry.
Rep. COOPER objected.
On motion of Rep. SIMRILL, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 3443 (Word version) -- Reps. Barfield, Witherspoon, Keegan, Edge and Kelley: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING SECTION 50-21-134 SO AS TO ESTABLISH A NO WAKE ZONE ON SPECIFIED PORTIONS OF THE WACCAMAW RIVER.
Rep. CATO asked unanimous consent to recall S. 399 from the Committee on Labor, Commerce and Industry.
Rep. SCOTT objected.
The following Concurrent Resolution was taken up:
S. 197 (Word version) -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO DECLARE JANUARY 16, 1999, AS THE CHILDREN'S CENTER FOR CANCER AND BLOOD DISORDERS AT PALMETTO RICHLAND MEMORIAL HOSPITAL DAY IN SOUTH CAROLINA.
Whereas, the incidence of cancer and other life threatening blood disorders is an unfortunate reality for many children in our State; and
Whereas, there is a great need for a quality research facility and medical treatment so that these children and their families may be equipped to face the challenges that a diagnosis of cancer or blood disorders can bring; and
Whereas, the nationally recognized Children's Center for Cancer and Blood Disorders at Palmetto Richland Memorial Hospital has established itself as a model treatment facility; and
Whereas, the Children's Center for Cancer and Blood Disorders recognizes the anxiety and stress a diagnosis of cancer or blood disorders can bring to a patient and family; and
Whereas, these issues can be addressed through a variety of counseling and support services provided by the Children's Center for Cancer and Blood Disorders such as Camp Kemo, Lasting Impressions, and Hugs and Family Weekend, thereby providing hope which is the key ingredient to patients and families in the treatment process; and
Whereas, the unparalleled level of treatment and service provided by the physicians, nurses, and staff has resulted in a long term survival rate of eighty percent; and
Whereas, the Children's Center for Cancer and Blood Disorders will be celebrating its twenty-year anniversary on January 16, 1999, in order to recognize the childhood cancer survivors as well as remembering the patients who succumbed to cancer; and
Whereas, the citizens of the State of South Carolina are blessed and indeed fortunate to have a treatment facility of the reputation and caliber found at the Children's Center for Cancer and Blood Disorders at Palmetto Richland Memorial Hospital and wish to acknowledge and applaud their efforts and dedication to duty. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That January 16, 1999, be declared the Children's Center for Cancer and Blood Disorders of Palmetto Richland Memorial Hospital Day in the State of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Children's Center for Cancer and Blood Disorders at Palmetto Richland Memorial Hospital.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3336 (Word version) -- Reps. M. Hines, McGee, McKay, J. Hines and Askins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN THE CITY OF FLORENCE IN HONOR OF DR. MARTIN LUTHER KING, JR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
Whereas, Dr. Martin Luther King, Jr. was born in Atlanta, Georgia, on January 15, 1929, and became one of the world's most well-known, respected, and revered advocates of nonviolent social change; and
Whereas, Dr. King delivered his famous "I Have a Dream" oration on August 28, 1963, and the following year he was the recipient of the Nobel Peace Prize and was named Time Magazine's Man of the Year; and
Whereas, Dr. King was tragically assassinated on April 4, 1968, in Memphis, Tennessee, while seeking to assist a garbage workers' strike; and
Whereas, Dr. King continues to be revered by many for his martyrdom and undying effort on behalf of nonviolence to unite blacks and whites in the United States; and
Whereas, it is appropriate and fitting to name the Church Street Bridge, which serves as a connector between the African-American and Caucasian communities in the City of Florence, in honor of Dr. Martin Luther King, Jr. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly requests the Department of Transportation to name the Church Street Bridge between West Darlington Street and East Cheves Street in the City of Florence in honor of Dr. Martin Luther King, Jr. and to erect appropriate markers or signs reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3397 (Word version) -- Reps. Phillips and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION INSTALL ELECTRONIC TRAFFIC SIGNALS AT THREE LOCATIONS IN CHEROKEE COUNTY BY JULY 1, 1999.
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Transportation is requested to install electronic traffic signals at the following intersections in Cherokee County by July 1, 1999:
(1) Filter Plant Road and United States Highway 29;
(2) South Carolina Highway 31 (Overbrook Drive) and Secondary Highway 11-171 (West Buford Street); and
(3) North Logan Street and Secondary Highway 11-24 (Third Street).
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. RICE.
The following Bill was taken up:
H. 3108 (Word version) -- Reps. Wilkins, Knotts, Altman, Inabinett, Stuart, Leach, R. Smith, Witherspoon, Hamilton, Simrill, Campsen, Klauber, Sandifer, Vaughn, Law, Hawkins, Harrison, Keegan, D. Smith, Kirsh, Wilder, Robinson, Askins, Woodrum, Phillips, Harrell, Lucas, Barrett, Young-Brickell, Hinson, Bailey, Allison, Cato, Walker, Mason, Rodgers, Gilham, Maddox, Rhoad, Meacham, Littlejohn, Rice and Seithel: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE COMPOSITIOIN OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE CONTENTS OF ITS ANNUAL REPORT; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22134CM99), which was adopted.
Amend the bill, as and if amended, Section 16-2-30(F) as contained in Section 1, by inserting after the period on line 1, Page 7:
/ The defendant must be put under oath to testify regarding the accuracy of his prior criminal record at the time of sentencing. The State may move to reconsider a defendant's sentence within one hundred eighty days of sentencing if it can be proven that the defendant willfully provided false information regarding his prior criminal record to the court. False information provided by the defendant under oath may be considered an aggravating circumstance and may provide cause for deviating upward from the recommended sentencing guidelines sentence. /
When amended, Section 16-2-30(F) shall read:
/ " (F) The sentencing scoresheet and prior record form must be initially scored by the solicitor's office and completed in final form at the court's discretion. A copy of the sentencing scoresheet and prior record form must be provided to the defendant's attorney, or to the defendant if he is not represented by counsel, before submission to the court. The defendant must be put under oath to testify regarding the accuracy of his prior criminal record at the time of sentencing. The State may move to reconsider a defendant's sentence within one hundred eighty days of sentencing if it can be proven that the defendant willfully provided false information regarding his prior criminal record to the court. False information provided by the defendant under oath may be considered an aggravating circumstance and may provide cause for deviating upward from the recommended sentencing guidelines sentence. Each solicitor's office in the State will be allocated sufficient resources from the General Assembly's annual appropriations act to comply with this act. The sentencing scoresheet and prior record form must be made a part of the record, and a copy must be sent by the solicitor to the South Carolina Sentencing Guidelines Commission within ninety days of sentencing." /
Amend the bill further, as and if amended, by adding the following appropriately numbered section:
/ "SECTION ______. Chapter 1, Title 25 of the 1976 Code is amended by adding:
Section 25-1-3300. This article is known and may be cited as the South Carolina Truth in Military Confinement Act.
Section 25-1-3310. Military personnel subject to the Code of Military Justice as provided in this title who are sentenced to a period of confinement pursuant to a general, special, or summary court martial for a criminal or other offense which has been passed upon by the appropriate reviewing authority shall serve the full term of the confinement for which early release for any portion shall not be granted for any reason." /
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Reps. JENNINGS and KNOTTS proposed the following Amendment No. 2 (Doc Name BBM\AMEND\10081SOM99), which was tabled.
Amend the bill, as and if amended on line 35 of page 11, by adding an additional item to Section 16-2-70(A) as contained in SECTION 1, to read:
/ (10) The defendant intentionally selects the victim or the property that is damaged or otherwise affected by the crime, in whole or in part, because of the defendant's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin, or ancestry of that victim or the owner or occupant of that property, whether or not that perception was correct./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. T. BROWN raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. JENNINGS continued speaking.
Rep. HAWKINS moved to table the amendment.
Rep. KLAUBER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Barfield Barrett Bauer Beck Brown H. Brown J. Cato Chellis Cooper Dantzler Davenport Delleney Edge Emory Fleming Gamble Gilham Hamilton Harrell Harrison Hawkins Hinson Howard Keegan Kelley Kirsh Klauber Knotts Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin Mason McCraw McGee McKay McLeod M. McMahand Meacham Moody-Lawrence Neal Ott Parks Phillips Pinckney Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stuart Townsend Tripp Trotter Vaughn Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Battle Bowers Breeland Brown G. Brown T. Carnell Clyburn Cobb-Hunter Cotty Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Inabinett Jennings Kennedy Mack Maddox McLeod W. Miller Neilson Whipper Wilder Wilkes
So, the amendment was tabled.
I was out of the chamber during a roll call vote on Amendment No. 2. Had I been present I would have voted against the amendment on hate crimes being included. I do not support hate crimes legislation.
Rep. MICHAEL E. EASTERDAY
Rep. JENNINGS explained the Bill.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. JENNINGS continued speaking.
Rep. GOVAN spoke against the Bill.
Rep. GOVAN continued speaking.
Rep. GOVAN continued speaking.
Rep. GOVAN moved to adjourn debate on the Bill until Wednesday, February 10.
Rep. HARRISON moved to table the motion.
Rep. SCOTT demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Battle Beck Brown H. Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harris Harrison Harvin Hawkins Hayes Hinson Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. Meacham Miller Neilson Ott Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bowers Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Emory Gourdine Govan Hines J. Hines M. Howard Lloyd Mack McMahand Moody-Lawrence Neal Parks Pinckney Rutherford Scott Whipper Wilkes
So, the motion to adjourn debate was tabled.
Rep. RUTHERFORD spoke against the Bill.
Rep. HOWARD spoke against the Bill.
Rep. PINCKNEY spoke against the Bill.
Rep. HOWARD moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Bowers Breeland Brown J. Brown T. Canty Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Hines J. Hines M. Howard Inabinett Kennedy Lee Lloyd Mack McLeod M. McLeod W. McMahand Moody-Lawrence Neal Parks Pinckney Rutherford Scott Smith F. Whipper Wilkes
Those who voted in the negative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bauer Beck Brown G. Brown H. Carnell Cato Chellis Cooper Cotty Dantzler Easterday Edge Fleming Gamble Gilham Hamilton Harris Harrison Harvin Hayes Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Leach Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin Mason McCraw McGee McKay Meacham Miller Neilson Ott Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith D. Smith J. Smith R. Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to adjourn.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Allen Allison Altman Bailey Bales Barfield Barrett Bauer Beck Bowers Brown H. Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Gamble Gilham Hamilton Harrell Harris Harrison Harvin Hawkins Hayes Jennings Keegan Kelley Kirsh Klauber Knotts Koon Lanford Leach Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. Meacham Neilson Ott Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith D. Smith J. Smith R. Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Battle Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Davenport Gourdine Govan Hines J. Hines M. Howard Inabinett Kennedy Lee Lloyd Mack McMahand Miller Moody-Lawrence Neal Parks Pinckney Rutherford Scott Sheheen Smith F.
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HOWARD moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3424 (Word version) -- Rep. Rodgers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF MR. JAMES RICHARD "DICK" WATERS OF BEAUFORT, SOUTH CAROLINA.
At 1:23 P.M. the House in accordance with the motion of Rep. RODGERS adjourned in memory of Margaret "Peggy" Burnley Wymond Verity of Beaufort, to meet at 10:00 A.M. tomorrow.
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