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:
We thank You, Lord God, for these moments of prayer as we see Your majesty and sovereignty. We search for words that would adequately express to You our devotion, but find that we are left wanting. May this prayer be an expression of our dependence upon You. You ask so little of us but we, in turn, accept so much from You. We know that Your compassion for us is boundless, and Your concern for Your whole creation is endless. Bless us now that having been blessed by You that we may be forevermore a blessing to You and to one another. Without ceasing, we praise God from Whom all blessings flow. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. SANDIFER moved that when the House adjourns, it adjourn in memory of Marvin S. Cely, Jr. of Seneca, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 2408
Agency: Workers' Compensation Commission
Statutory Authority: 1976 Code Section 42-3-30
Workers' Compensation Claims
Received by Speaker of the House of Representatives February 12, 1999
Referred to House Committee on Labor, Commerce and Industry
Legislative Review Expiration June 12, 1999 (Subject to Sine Die Revision)
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3040 (Word version) -- Reps. Littlejohn, McKay and Rodgers: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS TO OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CITIZEN OF GERMANY OR JAPAN WHO IS AT LEAST EIGHTEEN YEARS OF AGE, WHO IS EMPLOYED IN THIS STATE, AND WHO HAS A VALID DRIVER'S LICENSE ISSUED BY EITHER NATION MAY DRIVE A MOTOR VEHICLE FOR FOUR YEARS IN THIS STATE.
Ordered for consideration tomorrow.
On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:
H. 3526 (Word version) -- Reps. Jennings and Harris: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MARLBORO COUNTY HIGH SCHOOL "BULLDOGS" FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, FEBRUARY 17, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS AAAA-DIVISION II STATE FOOTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Marlboro County High School "Bulldogs" Football Team, coaches, and other school officials on Wednesday, February 17, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998 Class AAAA-Division II State Football Championship.
The Resolution was adopted.
The following was introduced:
H. 3527 (Word version) -- Reps. Jennings and Harris: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MARLBORO COUNTY HIGH SCHOOL "BULLDOGS" FOOTBALL TEAM AND THEIR COACHES FOR AN EXCEPTIONAL UNDEFEATED SEASON AND ON CAPTURING THE 1998 CLASS AAAA-DIVISION II STATE FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 482 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION RECOGNIZING JENNIFER FOX AS A RECIPIENT OF THE 1999 PRUDENTIAL SPIRIT OF COMMUNITY AWARD FOR HER OUTSTANDING RECORD OF VOLUNTEER SERVICE AND COMMUNITY SPIRIT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 483 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. D. L. WICKER, SR., OF CAYCE, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3528 (Word version) -- Reps. Witherspoon, Edge, Battle, Bowers, Dantzler, Emory, Inabinett, Law, Limehouse, Mason, Miller, Rhoad, Vaughn and Riser: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE FOR THE SALE OF A HABITAT PASSPORT FOR THE PRIVILEGE OF USING DESIGNATED WILDLIFE MANAGEMENT AREAS OR DESIGNATED HERITAGE TRUST AREAS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3529 (Word version) -- Rep. D. Smith: A BILL TO ENACT "THE EQUALIZATION OF DEFENDANTS' AND VICTIMS' RIGHTS ACT OF 1999", INCLUDING PROVISIONS TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY; TO AMEND SECTION 14-7-810, RELATING TO THE ENUMERATION OF DISQUALIFICATIONS FOR JURY SERVICE, SO AS TO PROVIDE A PERSON CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN SIXTY DAYS IS NOT QUALIFIED TO SERVE ON A JURY; TO AMEND SECTION 14-7-1010, RELATING TO THE ASCERTAINMENT OF QUALIFICATIONS OF JURORS BY THE PRESIDING JUDGE, SO AS TO PROVIDE THAT JURORS DISCLOSE ANY PENDING CRIMINAL CHARGES, IF ANY, TO THE PRESIDING JUDGE OF GENERAL SESSIONS COURT, AND TO PROVIDE FURTHER THAT THE JUDGE SHALL DISQUALIFY A JUROR WHO HAS CRIMINAL CHARGES PENDING IN GENERAL SESSIONS COURT IN ANY CIRCUIT OF THE STATE; TO AMEND SECTION 14-7-1110, AS AMENDED, RELATING TO 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; TO AMEND SECTION 14-7-1120, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES OF ALTERNATE JURORS IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE; TO AMEND CHAPTER 1, TITLE 17, RELATING TO GENERAL PROVISIONS FOR CRIMINAL PROCEDURES BY ADDING SECTION 17-1-60 SO AS TO PROVIDE THE COURT SHALL ORDER THE DEFENSE TO PRODUCE ITS PROSPECTIVE WITNESS LIST UPON REQUEST OF THE PROSECUTION IF THE PROSECUTION IS REQUIRED TO DISCLOSE ITS PROSPECTIVE WITNESS LIST TO THE DEFENDANT; TO AMEND SECTION 17-19-20, RELATING TO THE SUFFICIENCY OF THE INDICTMENT, SO AS TO PROVIDE FOR THE SUFFICIENCY OF AN INDICTMENT CHARGING A PERSON WITH THE COMMISSION OF MORE THAN ONE CRIME.
Referred to Committee on Judiciary
H. 3530 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 16-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF PERJURY, SO AS TO PROVIDE THAT WILFULLY GIVING FALSE, MISLEADING, OR INCOMPLETE TESTIMONY UNDER OATH CONCERNING CONSENSUAL SEXUAL ACTIVITY BETWEEN ADULTS IN ANY COURT OF RECORD, ADMINISTRATIVE, OR REGULATORY PROCEEDING IS NOT PERJURY AND NOT PUNISHABLE UNDER THIS SECTION.
Referred to Committee on Judiciary
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.
Referred to Committee on Judiciary
H. 3532 (Word version) -- Reps. Fleming, Loftis, Townsend, Whatley, Clyburn, Lanford, Mason, Edge, Altman, McCraw, Scott, Stuart, Harris, Dantzler, Allison, Wilkins, Harrison, Gourdine, D. Smith, Howard, Tripp, Harrell, Webb, Bailey, Barfield, Bauer, Beck, G. Brown, Campsen, Canty, Cato, Chellis, Cooper, Cotty, Delleney, Easterday, Emory, Gamble, Hamilton, Hawkins, J. Hines, Jennings, Kelley, Klauber, Knotts, Leach, Limehouse, Littlejohn, Lucas, Maddox, Martin, McGee, McKay, M. McLeod, Neal, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Koon, Simrill, F. Smith, R. Smith, Taylor, Trotter, Whipper, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION FEES FOR CERTAIN PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE FEE FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER WHO REGISTER A PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
On motion of Rep. FLEMING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3533 (Word version) -- Reps. D. Smith and Wilkins: A BILL TO AMEND SECTIONS 24-21-645, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE AND THE REVIEW, EVERY TWO YEARS, OF THE CASE OF A PRISONER CONFINED FOR THE COMMISSION OF A VIOLENT CRIME, AND TO AMEND SECTION 24-21-650, AS AMENDED, RELATING TO THE ORDER OF PAROLE, SO AS TO PROVIDE A PERIOD OF UP TO FIVE YEARS BETWEEN PAROLE HEARINGS IF THE BOARD FINDS IT IS NOT REASONABLE TO EXPECT THAT A PAROLE WOULD BE GRANTED AT A HEARING HELD EARLIER, AND TO PROVIDE THAT THE BOARD SHALL ADOPT PROCEDURES RELATING TO THE CRITERIA FOR SETTING A HEARING BETWEEN TWO AND FIVE YEARS.
Referred to Committee on Judiciary
H. 3534 (Word version) -- Rep. Simrill: 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
H. 3535 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING OR APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY; TO AMEND SECTION 27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND, WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR TO BE CONSTRUCTED, IF APPLICABLE, AND THEIR RESPECTIVE AREAS; AND TO AMEND SECTION 27-31-110, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE REQUIREMENT THAT THE PLOT PLAN AND BUILDING PLAN ACCOMPANY THE MASTER DEED OR LEASE, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO PROPOSED OR ANTICIPATED BUILDINGS OR CONSTRUCTION, AS WELL AS BUILDINGS OR CONSTRUCTION ALREADY EXISTING.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 3536 (Word version) -- Reps. Inabinett, Breeland, J. Brown, Carnell, Davenport, Gourdine, Hayes, J. Hines, M. Hines, Lee, Lloyd, Mack, Mason, Moody-Lawrence, Phillips, Pinckney, Rutherford and Whipper: A CONCURRENT RESOLUTION REQUESTING THE STAFFS OF THE HOUSE OF REPRESENTATIVES WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE TO STUDY THE ISSUE OF INCREASING LEGISLATIVE PAY AFTER THE ELECTION IN THE YEAR 2000 AND TO REPORT BACK TO THEIR COMMITTEES AND TO THE GENERAL ASSEMBLY BY JUNE 1, 1999 ON THEIR FINDINGS.
The Resolution was ordered referred to the Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Brown G. Brown H. Brown J. Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harrison Harvin Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stille Stuart Taylor Townsend Tripp Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, February 16.
Teddy Trotter Jerry Govan Harry Askins George Campsen C. Anthony Harris Theodore T. Brown
The SPEAKER granted Rep. WHIPPER a leave of absence for the day due to a death in the family.
The SPEAKER granted Rep. HASKINS a leave of absence for two weeks due to illness.
The SPEAKER granted Rep. JENNINGS a leave of absence due to church business.
The SPEAKER granted Rep. CANTY a leave of absence for the week due to attending the National Pastor's Retreat.
Announcement was made that Dr. Woodrow "Woody" W. Long of Greenville 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. 3082 (Word version)
Date: ADD:
02/16/99 WEBB
Bill Number: H. 3402 (Word version)
Date: ADD:
02/16/99 CATO
Bill Number: H. 3416 (Word version)
Date: ADD:
02/16/99 KNOTTS
Bill Number: H. 3441 (Word version)
Date: ADD:
02/16/99 RODGERS
Bill Number: H. 3459 (Word version)
Date: ADD:
02/16/99 RODGERS
Bill Number: H. 3461 (Word version)
Date: ADD:
02/16/99 RODGERS
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell, Quinn and Knotts: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS.
Rep. HOWARD moved to adjourn debate upon the following Bill until Wednesday, February 17, which was adopted:
H. 3096 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45 SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SALARY SUPPLEMENT OR OTHER CONSIDERATION ABOVE A SPECIFIED LIMIT FROM NONGOVERNMENTAL SOURCES EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE PENALITIES FOR VIOLATION.
Rep. NEILSON moved to adjourn debate upon the following Bill until Tuesday, March 9, which was adopted:
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.
The following Bill was taken up:
H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
Rep. SCOTT explained the Bill.
Rep. HAMILTON 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.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 3259 (Word version) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer, Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley, Walker, Rodgers, Neilson, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield, Lee, Law and Martin: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1994 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.
Rep. CHELLIS explained the Senate Amendment.
The Senate amendments were agreed to, and the Joint Resolution 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.
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, Simrill, W. McLeod, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\DKA\AMEND\3192SD99), which was adopted.
Amend the bill, as and if amended, in Section 59-63-1310(2) of the 1976 Code by inserting after /includes/ on line 18, page 2 /, but is not limited to, /
When amended Section 59-63-1310(2) shall read:
(2) 'Serious offense' means behavior which includes, but is not limited to, violence, possession of weapons or controlled substances, or harassment or verbal abuse of school personnel or other students./
Amend the bill further in Section 59-63-1320 by striking beginning on line 14, page 3, /special education evaluation to ensure that the students are not eligible for special education services or a change in the current special educational placement/ and inserting / the requirements of the Federal Individuals with Disabilities Education Act (IDEA) /
When amended Section 59-63-1320 shall read:
/Section 59-63-1320. Beginning with the school year 1999-2000, the governing boards of all school districts shall establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs for, but not limited to, the following categories of students in grades 6-12:
(1) any student who has committed a serious offense which warrants suspension or expulsion from school according to the student conduct policies and behavior codes approved by the school board of trustees;
(2) any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the school district, parent, legal guardian or custodian of student due to habitual exhibitions of disruptive behavior in violation of the student conduct policies and behavior codes approved by the school board of trustees;
(3) any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the school district, parent, legal guardian or custodian of the student due to interference with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide;
(4) any student referred to such alternative school program by the dispositive order of a family court judge, with the consent of the local board of trustees.
Before a student may be placed in an alternative school program, a determination must be made by the local board that the written and distributed disciplinary policy of the district has been followed. Districts must establish clear guidelines and procedures for the placement of students into an alternative school program and at a minimum they shall prescribe due process procedures for disciplinary actions.
When students are being considered for placement in an alternative school program, districts must consider the requirements of the Federal Individuals with Disabilities Education Act (IDEA).
If a student placed in an alternative school program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, information concerning the student's placement in an alternative school program. Upon review of the information, the district in which the student enrolls may continue the alternative education program placement or may allow the student to attend regular classes without completing the period of the placement./
Amend the bill further, Section 59-63-1340, page 3, by inserting after /standards/ on line 37 / to include plans for utilization of available technology /.
When amended Section 59-63-1340 reads:
/Section 59-63-1340. Within the requirements of Section 59-1-440, alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting. Programs must develop a mission statement and shall focus on the educational and behavioral needs of the students to include individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic standards to include plans for utilization of available technology, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and a time line for meeting the academic and conduct standards set.
The educational program for an alternative school must include the objectives of the adopted academic achievement standards in the core academic areas to ensure that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and to ensure that credit earned by students participating in the alternative school program can be transferred to either the sending public school or another public school in the State. /
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. WALKER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 88 to 4.
Rep. LOFTIS proposed the following Amendment No.2 (Doc Name COUNCIL\GJK\AMEND\20243STD99), which was tabled.
Amend the bill, as and if amended, in Section 59-63-1320, by inserting immediately after /districts/ on the fourth line of the section /or through a contract with a private provider/;
Amend further, as and if amended, by inserting after /DISTRICTS/ on line 12 of the title /OR THROUGH A CONTRACT WITH A PRIVATE PROVIDER/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. CAMPSEN spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. CAMPSEN spoke in favor of the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. CAMPSEN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Barfield Battle Breeland Brown G. Brown J. Carnell Clyburn Cobb-Hunter Cotty Dantzler Emory Fleming Gamble Gilham Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Hinson Howard Inabinett Kelley Kennedy Kirsh Lanford Lee Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rodgers Rutherford Scott Sheheen Smith J. Stille Stuart Townsend Trotter Walker Webb Wilder Wilkes
Those who voted in the negative are:
Altman Barrett Bauer Beck Bowers Brown H. Campsen Cato Chellis Cooper Davenport Delleney Easterday Edge Hamilton Harrell Harrison Hawkins Klauber Knotts Koon Law Leach Limehouse Loftis Mason McGee McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith D. Smith R. Taylor Tripp Vaughn Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was tabled.
Columbia, S. C., February 16, 1999
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. TOWNSEND the invitation was accepted.
Rep. WALKER moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
Further proceedings were interrupted by a Message to Ratify Acts, the pending question being consideration of amendments.
At 1:30 P. M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R1, S. 332 (Word version)) -- Senator Jackson: AN ACT 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.
(R2, S. 399 (Word version)) -- Senators McConnell, Matthews, Courtney, Patterson, Hayes, Reese, Jackson, Passailaigue, Saleeby and Holland: AN ACT TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.
(R3, 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.
(R4, H. 3260 (Word version)) -- Reps. Harrell, Seithel, Limehouse, Mack, Inabinett, Breeland, Chellis, Campsen and Whipper: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE CHARLESTON COUNTY SCHOOL DISTRICT IN CHARLESTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE 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.
(R5, H. 3264 (Word version)) -- Reps. Young-Brickell, Chellis, Harrell, Bailey and Cobb-Hunter: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE SUMMERVILLE SCHOOL DISTRICT OR DORCHESTER COUNTY SCHOOL DISTRICT 2 IN DORCHESTER COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE 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.
(R6, H. 3289 (Word version)) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 4, 5, AND 6, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS AND A LACK OF ELECTRICITY 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.
(R7, H. 3350 (Word version)) -- Rep. Altman: AN ACT TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO PROVIDE THAT THE PRECINCT NAMED JOHNS ISLAND 5A IS RENAMED KIAWAH ISLAND AND THE PRECINCT NAMED JOHNS ISLAND 5B IS RENAMED TOWN OF SEABROOK.
The Senate returned to the House with concurrence the following:
H. 3319 (Word version) -- Reps. Inabinett, Moody-Lawrence, Campsen, Neal, Mack and Whipper: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 6, 1999) AS "LEGISLATIVE FAMILY DAY 1999" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND ASKING EACH MEMBER TO SHOW HIS OR HER APPRECIATION TO THEIR FAMILY MEMBERS AND FRIENDS ON THIS DAY.
H. 3479 (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, FEBRUARY 17, 1999.
H. 3507 (Word version) -- Reps. Sharpe, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS AND THE ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 21-28, 1999.
H. 3511 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. CATHY B. NOVINGER, SENIOR VICE PRESIDENT FOR ADMINISTRATION, GOVERNMENTAL AND PUBLIC AFFAIRS FOR SCANA CORPORATION, FOR HER NEARLY THIRTY YEARS OF OUTSTANDING SERVICE TO THE SCANA CORPORATION AND HER HUMANITARIAN SERVICE TO THE STATE OF SOUTH CAROLINA.
H. 3512 (Word version) -- Reps. Kelley, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION WELCOMING ARCHBISHOP DESMOND TUTU, ARCHBISHOP OF CAPE TOWN, SOUTH AFRICA, TO SOUTH CAROLINA, RECOGNIZING HIS MANY CONTRIBUTIONS TO PEACE IN SOUTH AFRICA, AND WISHING HIM WELL IN HIS STAY AS HE SPEAKS AT COASTAL CAROLINA UNIVERSITY ON FEBRUARY 18, 1999.
H. 3523 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION RECOGNIZING DR. ROGER SHEALY OF BOILING SPRINGS FOR HIS DEDICATION, COMMITMENT, AND EXCELLENCE IN SERVING HIS PATIENTS, THE MEDICAL PROFESSION, AND HIS COMMUNITY.
H. 3524 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JANE HARMON AND GINGER MORROW OF INMAN, SOUTH CAROLINA, PROPRIETORS OF DELIGHTFUL DISHES, ON THEIR OUTSTANDING RESTAURANT AND CATERING BUSINESS AND TO WISH THEM MANY MORE YEARS OF SUCCESS IN THIS ENDEAVOR.
At 1:42 P.M. the House in accordance with the motion of Rep. SANDIFER adjourned in memory of Marvin S. Cely, Jr. of Seneca, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Friday, June 26, 2009 at 9:26 A.M.