Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by Rep. MCMAHAND of the House of Representatives, as follows:
Our Father God, closing the doors of the world about us, we pause at this shrine of prayer to acknowledge our dependence upon You. May the consciousness of our failures not defeat us, but rather prove to be steppingstones to our better selves. Make us builders of concord which shall make rough places smooth and deep ruts level, and of bridges of understanding over which glad and eager feet shall pass to and fro in a world of peace. Grant us Your peace this day and always. 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 William F. Cochrane of Beaufort, which was agreed to.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted:
January 20, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
State Farm Insurance Company would like to invite all members of the House of Representatives to join us for lunch on Tuesday, March 2 during our 1999 Legis1ative Day. We expect State Farm agents and employees from around the State to join us in Columbia to discuss timely insurance-related issues and legislation and to meet with their legislators.
Members are cordially invited to join us upon adjournment of the House for an informal lunch on the State House Grounds.
Thank you for your assistance, and please let us know if additional information is needed.
Sincerely,
BOB TRIPPEL
Vice President
October 21,1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House, Research Directors, Administrative Assistants, Secretaries, Spouses and/or escorts, to attend our annual Legislative Banquet on Tuesday, March 2, 1999 at 6:00 p.m. at the Moore Building, State Fairgrounds, in Columbia.
Traditionally, we begin on time and present a very short program ... that is our plan this year. We will not hold you to a late hour.
Sincerely,
Benjie Rhoad
Assistant to the President
October 19, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina Self Insurers Association, we respectfully request to invite the members of the South Carolina House of Representatives to a breakfast drop-in on Wednesday, March 3, 1999, from 8:30 a.m. until 11:00 a.m. in Room 221 of the Blatt House Office Building.
Sincerely,
Sandra Morgan
Legislative Liaison
August 26, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina School Boards Association and the South Carolina Association of School Administrators would like to respectfully request the honor of hosting the General Assembly for lunch. The luncheon will be held at the Adam's Mark Hotel at 1:00 p.m. or upon adjournment on Wednesday, March 3, 1999. School district personnel and board members from the 86 school districts will be present.
SCSBA and SCASA look forward to the opportunity to meet with the legislators to discuss educational legislative issues. Please contact me if you have any questions at 799-6607.
Sincerely,
Marti McElhone
Special Projects
January 27, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I have spoken with Doris Corley and would like to reserve the morning of March 4, 1999 from 8:00 a.m. to 10:00 a.m. to have a breakfast for the members of the House of Representatives and the Senate. I will of course contact the Senate Invitations Committee.
This breakfast will be sponsored by a group of business advisors from Marion County called Marion County Progress. If you should need further information, please advise.
Ann Martin advised me that we would be able to have this in Room 221. Thank you for your assistance.
Sincerely,
James A. Battle, Jr.
February 4, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
This is to confirm our conversation last week regarding the Child Advocacy Day the Alliance for South Carolina's Children is planning on March 9, 1999. We would like to invite the legislators to Capstone Dorm on the USC campus from 11:00 until 12:00 that morning. Parking has been reserved and a map will be provided, if necessary. We are working on wording for the actual invitation and will forward that to you as soon as possible. I appreciate your help with this. Please contact me if you need anything further at 931-0540.
Sincerely,
Mason Williams
February 3, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the Council of Chambers of York County, I would like to extend an invitation to the members of the House of Representatives to the twelfth annual York County Day Legislative Reception on March 9, 1999.
The reception will be held at the Capital City Club in the Affinity building from 6:00 - 8:00 P.M. We would be extremely honored by the attendance of all the South Carolina House of Representatives.
Thank you for your time and consideration.
Sincerely,
Anissa Freeman
Vice President
February 9, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Chapters Of Alpha Kappa Alpha Sorority will be at the South Carolina Legislature on Wednesday, March 10, 1999, for its second annual Legislative Connection Day. We certainly anticipate discussing many items that are pertinent to our communities as we "connect" with our Senators and Representatives who make these things happen.
Therefore, we wish to initiate our visit by extending an invitation to the Representatives to join us for a "shrimp and grits" breakfast from 8am to 10 am in Suite 221 of the Blatt - House of Representatives Building. In addition, Alpha Kappa Alpha women are looking forward to having breakfast prior to individually meeting with you during the day.
Eagerly awaiting our visit on March 10th, we are
Respectfully yours,
Sheila McMillan
February 2, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
As the Legislative Chairperson for the Association of Public Library Administrators (APLA), I would like to request that the Library Legislative Day Luncheon be placed on the House Calendar. This event will occur Wednesday, March 10, from 12:30 to 2 p.m., at the Clarion Town House, at 1615 Gervais Street in Columbia. All of the members of the General Assembly are invited to it.
Thank you very much for considering this proposal. If you have any questions, please do not hesitate to telephone me at 843-546-2521. My mailing address is the Georgetown County Library, 405 Cleland Street, Georgetown, SC 29440. With kindest regards, I am
Sincerely yours,
Dwight McInvaill
Library Director
January 19, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Health Alliance Day at the State House has been changed from March 9, 1999 to March 23, 1999. A luncheon will be held at 1:00 p.m. or upon adjournment at the Capital City Club.
If you have any questions or need additional information, please do not hesitate to call.
Sincerely yours,
T. Patton Adams
VP for Government Relations and General Counsel
August 3, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Mortgage Brokers Association would like to host a legislative reception for the members of the SC House of Representatives.
The reception will be held on Tuesday, March 23, 1999 from 6:00 to 8:00 p.m. at the Sterling Garden Center, 320 Senate Street, Columbia, SC.
Please forward any correspondence regarding this reception to the SCMBA, 1122 Lady Street, Suite 915, Columbia, SC 29201.
Sincerely,
Tom Harris
SCMBA Vice President
January 26, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
This is to confirm our telephone conversation concerning The Roundtable's Legislative Breakfast to be held in Room 221 at the Blatt Building on March 24, 1999 from 8:00 - 9:00 AM. I understand this date will be put on the House of Representatives' calendar so they will be sure not to miss this event! Thank you so much for being so friendly and helpful to me when making the arrangements.
With kindest personal regards, I am
Very truly yours,
Nancy Farmer Beale
Chair, The Roundtable
Richland County Legal Auxillary
January 19, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Health Alliance Day at the State House has been changed from March 9, 1999 to March 23, 1999. A luncheon will be held at 1:00 p.m. or upon adjournment at the Capital City Club.
If you have any questions or need additional information, please do not hesitate to call.
Sincerely yours,
T. Patton Adams
VP for Government Relations and General Counsel
January 21, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Optometric Association wishes to host a Legislative Appreciation Reception March 24, 1999 at the Embassy Suites in Columbia, SC. Beginning at 6:30 p.m. and ending at 8:30 p.m., the reception will feature food, beverages and live entertainment for the members of the SC General Assembly and other officers of state government.
Should there be a conflict with this date, do not hesitate to contact me at 799-6721.
Sincerely,
Claire H. Holley
Executive Director
November 20, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I would like to extend an invitation to the members of the South Carolina House of Representatives to enjoy an evening in "The Vista" on Tuesday, March 30, 1999 from 6:00--7:30 P.M. for the Second Annual Legislator Appreciation Night at the Blue Marlin, which is located at 1200 Lincoln Street in the Vista area.
This event will be hosted by me and will be an opportunity to showcase the improvements in the Vista area. Blue Marlin, Longhorn Steakhouse, and Willy's Bar and Grill will provide food, beverages, and entertainment.
I look forward to hosting this event to express my appreciation for the many visits to my restaurants by members of the legislature while working in Columbia.
Sincerely,
Bill Dukes
Owner
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3107 (Word version) -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3345 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3360 (Word version) -- Reps. Koon, Harvin, Vaughn and Sharpe: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA FORESTRY COMMISSION TO RETAIN THE REIMBURSEMENTS PAID TO IT BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY THROUGH THE STATE OF FLORIDA, OTHERWISE REQUIRED TO LAPSE TO THE GENERAL FUND OF THE STATE, FOR REPAIRS AND MAINTENANCE TO COMMISSION FIRE PROTECTION EQUIPMENT USED IN THE FLORIDA FOREST FIRE EMERGENCY IN THE SUMMER OF 1998 AND FOR TRAVEL EXPENSES INCURRED IN THAT EMERGENCY.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3418 (Word version) -- Reps. Sharpe and R. Smith: A BILL TO AMEND SECTION 48-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FOREST LAND, SO AS TO FURTHER DEFINE "FOREST LAND"; TO AMEND SECTION 48-33-30, RELATING TO THE DEFINITION OF FOREST FIRE, SO AS TO FURTHER DEFINE "FOREST FIRE"; TO AMEND SECTION 48-33-60, RELATING TO COUNTY FORESTRY BOARDS, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE ANNUAL FOREST FIRE PROTECTION PLAN AND PROVIDE THAT COUNTY FOREST FIRE PROTECTION OFFICES SHALL BE EMPLOYED ONLY WITH THE CONSENT OF THE COUNTY FORESTRY BOARD; AND TO AMEND SECTION 48-33-70, RELATING TO PLANS FOR FOREST FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE COMMISSION OF FORESTRY SHALL PREPARE A PLAN FOR FOREST FIRE PROTECTION.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3469 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100 SO AS TO PROHIBIT HUNTING, FISHING, AND TRAPPING ON LANDS OR PRIVATE WATERS WITHOUT PERMISSION FROM THE OWNER OR HIS AGENT, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS SECTION, AND FOR SUSPENSION OF HUNTING AND FISHING PRIVILEGES.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Judiciary, submitted a favorable report on:
S. 355 (Word version) -- Senator Elliott: A JOINT RESOLUTION TO NAME THE RECENTLY COMPLETED BOAT LANDING ON THE WACCAMAW RIVER AT HIGHWAY 9 THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9" AND TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES SHALL ERECT SUCH SIGNS AS APPROPRIATE FROM LOCALLY GENERATED FUNDING TO DESIGNATE AND NAME THE NEW LANDING AS THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9."
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3329 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 29-5-10 AND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF ACTIONS TO ENFORCE MECHANICS' LIENS AND THE AWARD OF ATTORNEY'S FEES TO THE PREVAILING PARTY, SO AS TO FURTHER DEFINE THE TERM "PREVAILING PARTY" AND TO PROVIDE THAT THE VALUE OF A DEFENDANT'S COUNTERCLAIM IS CONSIDERED A NEGATIVE OFFER OF SETTLEMENT IF THE DEFENDANT DOES NOT MAKE A WRITTEN OFFER OF SETTLEMENT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3375 (Word version) -- Reps. Fleming, McGee, McKay, H. Brown, Altman, J. Smith, Delleney, Spearman, Hawkins, Klauber, Harrison, Maddox, D. Smith, F. Smith, Harris and Whipper: A BILL TO AMEND SECTION 17-3-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR ESTABLISHING PUBLIC DEFENDER CORPORATIONS IN COUNTIES, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OF THE DEFENDER CORPORATION IS NOT LIABLE FOR A LOSS RESULTING FROM AN ACT OR OMISSION OF A PUBLIC DEFENDER OR OTHER EMPLOYEE OF THE CORPORATION IF THE DEFENDER OR OTHER EMPLOYEE ACTED WITHIN THE SCOPE OF HIS OFFICIAL DUTIES AND IN GOOD FAITH.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3158 (Word version) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Leach, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Cobb-Hunter, Ott, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith, McMahand, Mack, Maddox and Riser: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3338 (Word version) -- Reps. Harrison and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CONCEALING A CHILD WITH THE INTENT OF VIOLATING A CUSTODY ORDER, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER, WHO HAS PROBABLE CAUSE TO BELIEVE A CHILD IS BEING CONCEALED FROM HIS LEGAL CUSTODIAN AND WHO IS ATTEMPTING TO RETURN THE CHILD TO HIS LEGAL CUSTODIAN, MAY ENTER A DWELLING, BUILDING, OTHER STRUCTURE, OR VEHICLE AND USE REASONABLE MEANS TO RECOVER AND RETURN THE CHILD TO HIS LEGAL CUSTODIAN.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3310 (Word version) -- Reps. Knotts and Whatley: A BILL TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 515 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO HONOR JANICE HUFF, A NATIVE OF THIS STATE AND A STELLAR EXAMPLE OF SOUTH CAROLINA'S EXCEPTIONAL ROLE MODELS, ON THE OCCASION OF HER SPEECH MADE TO LEADERSHIP COLUMBIA.
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. 3597 (Word version) -- Reps. Cobb-Hunter, Klauber, Bowers, M. Hines, Moody-Lawrence, Parks and Stille: A BILL TO AMEND SECTION 12-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "POLITICAL SUBDIVISION" TO INCLUDE THE SOUTH CAROLINA ASSOCIATION OF HOUSING AUTHORITY EXECUTIVE DIRECTORS.
Referred to Committee on Labor, Commerce and Industry
H. 3598 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO COMPRESSED GAS TANKS/CYLINDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2320, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3599 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE LIVESTOCK POULTRY HEALTH DIVISION, RELATING TO ANIMAL PROTEINS PROHIBITED IN RUMINANT FEEDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2324, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3600 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TROPICAL SODA APPLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2359, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3601 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO MEAT AND POULTRY ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2318, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3602 (Word version) - Rep. D. Smith: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORD OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED, DISMISSED, OR WHO HAS BEEN FOUND INNOCENT, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN PARDONED OF A CONVICTION MUST HAVE HIS CRIMINAL RECORD DESTROYED.
Referred to Committee on Judiciary
H. 3603 (Word version) -- Rep. D. Smith: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, BY ADDING ARTICLE 7, SO AS TO ENACT THE "BROWNFIELDS PROPERTY REUSE ACT OF 1999" WHICH AUTHORIZES THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENTER INTO AGREEMENTS WITH PROSPECTIVE DEVELOPERS WHO SEEK TO EXPAND OR REDEVELOP ABANDONED, IDLED, OR UNDERUSED PROPERTY WHICH MAY BE HINDERED BY ENVIRONMENTAL CONTAMINATION AND THAT MAY BE SUBJECT TO A STATE REMEDIATION PROGRAM UNDER FEDERAL LAW; WHICH PROVIDES LIABILITY PROTECTION UNDER CERTAIN CIRCUMSTANCES; AND WHICH PROVIDES PUBLIC NOTICE AND HEARING PROCEDURES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3604 (Word version) -- Reps. Vaughn, Barrett, Breeland, Gilham, Gourdine, Haskins, J. Hines, Knotts, Leach, Littlejohn, Loftis, McGee, McKay, McMahand, Neilson, Rice, Rodgers, Simrill, Walker and Wilkins: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO AUTHORIZE POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS, WHICH IMPOSE PROPERTY TAX, TO EXEMPT ALL OR A PORTION OF THE FAIR MARKET VALUE OF A PRIVATE PASSENGER MOTOR VEHICLE AS DEFINED BY LAW OWNED OR LEASED BY A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER, OR PERMANENTLY AND TOTALLY DISABLED, OR BLIND.
Referred to Committee on Ways and Means
H. 3605 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-960 SO AS TO REQUIRE THE BOTTOM RAIL ON FRAMED GLASS DOORS TO BE AT LEAST SEVEN AND ONE-HALF INCHES IN HEIGHT AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Labor, Commerce and Industry
H. 3606 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-950 SO AS TO REQUIRE THAT CATEGORY 2 SAFETY VINYL MUST BE ATTACHED TO THE BACKS OF MIRRORS AND GLASS FIXTURES THAT SURROUND OR ENCLOSE BATH TUBS, HOT TUBS, WHIRLPOOLS, SAUNAS, STEAM ROOMS, SHOWERS, AND OTHER SIMILAR APPARATUS AND TO MIRROR APPLICATIONS IN DANCE STUDIOS, EXERCISE ROOMS, SHOWROOMS, AND DRESSING ROOMS.
Referred to Committee on Labor, Commerce and Industry
H. 3607 (Word version) -- Reps. Carnell, Lanford and Bailey: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80, SO AS TO AUTHORIZE THE SOUTH CAROLINA BOARD OF PHARMACY TO LICENSE AND REGULATE HOME MEDICAL EQUIPMENT AND SERVICES PROVIDERS AND TO ESTABLISH THE HOME MEDICAL EQUIPMENT ADVISORY BOARD AND TO PROVIDE FOR ITS DUTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 487 (Word version) -- Senators Matthews and Hutto: A BILL TO REVISE THE ELECTION DISTRICTS AND METHOD OF ELECTING THE MEMBERS OF THE BOARD OF TRUSTEES OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE AND TO CHANGE THE MANNER FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS AND THE ORANGEBURG COUNTY BOARD OF TRUSTEES.
Rep. STUART asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. GOVAN objected.
Referred to the Orangeburg Delegation
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Brown G. Brown H. Brown J. Brown T. Campsen Cato Chellis Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harris Harrison Harvin Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neilson Ott Parks Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stille Taylor Townsend Tripp Trotter 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 Wednesday, February 24.
Becky Meacham Steve Lanford Tracy Edge Mark Kelley William Clyburn Marion Carnell Todd Rutherford Joseph Neal Ralph Canty Elsie Stuart Richard Quinn Seth Whipper Bill Cotty
DOCTOR OF THE DAY
Announcement was made that Dr. Steven R. Ross of Florence 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. 3536 (Word version)
Date: REMOVE:
02/24/99 HAYES
Bill Number: H. 3300 (Word version)
Date: ADD:
02/24/99 EMORY
Bill Number: H. 3300 (Word version)
Date: ADD:
02/24/99 HOWARD
Rep. LIMEHOUSE presented to the House Harry Bancroft "Buck" Limehouse honoring him for his service to the State of South Carolina.
Rep. LUCAS presented to the House Pat Earle, agricultural education teacher and chapter advisor to Future Farmers of America, and the McBee Chapter of Future Farmers of America.
Rep. G. BROWN presented to the House Caroline Mack of Bishopville, Miss Black USA.
The SPEAKER granted Rep. MEACHAM a leave of absence for the remainder of the day due to illness.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3567 (Word version) -- Reps. Walker, Allison, Davenport, Lanford, Lee, Littlejohn and D. Smith: A BILL TO AMEND ACT 499 OF 1998, RELATING TO THE DISTRIBUTION OF FOUNDATION MONIES BY THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, SO AS TO PROVIDE THAT THE DISTRIBUTION IS BASED ON THE PREVAILING FUNDING FORMULA UTILIZED DURING THE 1993-94 SCHOOL YEAR.
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.
H. 3146 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
H. 3186 (Word version) -- Reps. Harrell and Knotts: A BILL TO AMEND SECTION 40-47-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3301 (Word version) -- Reps. Beck, Mason, Hamilton and Easterday: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PSD\AMEND\7230AC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-1800 of the 1976 Code is amended to read:
"Section 20-7-1800. An appeal is allowed from any final order, judgment, or decree rendered under this Subarticle 7 of Article 11 of Chapter 7 of Title 20 by any person against whom the order, judgment, or decree may be made or who may be affected by the order, judgment, or decree in the manner provided for appeals from the court in other family court matters. No final decree of adoption is subject to collateral attack for any reason after a period of one year following its issuance.
(A) Except as provided in subsection (B), after the final order, judgment, or decree of adoption is entered, no party to an adoption proceeding, and no one claiming under a party, may question the validity of the adoption because of any defect or irregularity, jurisdictional or otherwise, in the proceeding, and a party, and anyone claiming under a party, is fully bound by the order. No adoption may be attacked either directly or collaterally because of any procedural or other defect by anyone who was not a party to the adoption. The failure on the part of the court or an agency to perform duties or acts within the time required by this chapter does not affect the validity of any adoption proceeding.
(B) A party to an adoption proceeding may appeal a final order, judgment, or decree of adoption in the manner provided for appeals from the court in other family court matters."
SECTION 2. This act takes effect upon approval by the Governor and applies to appeals from final orders, judgments, or decrees entered on or after this act's effective date./
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3169 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-260 SO AS TO PROVIDE THAT EVERY PREGNANT FEMALE WHO INITIALLY CONSULTS A HEALTH CARE PROFESSIONAL MUST BE COUNSELED ABOUT THE HUMAN IMMUNODEFICIENCY VIRUS AND OTHER MATTERS RELATED THERETO, TO PROVIDE FOR THE MANNER IN WHICH ANY HIV TEST RESULTS MUST BE REPORTED, TO PROVIDE FOR THE MANNER IN WHICH THE RESULTS MAY BE RELEASED TO OTHER HEALTH CARE PROFESSIONALS, AND TO PROVIDE FOR AN HIV COUNSELING AND TESTING CONSENT FORM WHICH EVIDENCES THE FACT THAT THE MOTHER WAS OFFERED HIV TESTING.
Rep. WILDER explained the Bill.
Rep. HASKINS moved to recommit the Bill, which was agreed to.
The following Bill was taken up:
H. 3079 (Word version) -- Reps. Sharpe and Emory: A BILL TO AMEND SECTION 23-31-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS, SO AS TO PROVIDE THAT THE PROVISIONS WITH CERTAIN EXCEPTIONS RESTRICTING THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS ALSO NOT APPLY TO ANY DEALER OR PERSON LICENSED OR HOLDING A VALID PERMIT ISSUED PURSUANT TO FEDERAL LAW IF THE POSSESSION, TRANSPORTATION OR SHIPMENT IS NOT PROHIBITED BY FEDERAL LAW.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20246DJC99).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-23-220 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-23-220. It is unlawful for a person to transport from one place to another in this State or for any railroad company, express company, or other common carrier or any officer, agent, or employee of any of them or other person acting in their behalf knowingly to ship or to transport from one place to another in this State a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections Section 16-23-250 and 23-31-330 Article 5, Chapter 31, Title 23.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
SECTION 2. Section 16-23-230 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-23-230. It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections Section 16-23-250 and 23-31-330 Article 5, Chapter 31, Title 23.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
SECTION 3. Section 16-23-240 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-23-240. It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a machine gun, or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections Section 16-23-250 and 23-31-330 Article 5, Chapter 31, Title 23.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
SECTION 4. Section 23-31-370 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 23-31-370. (A) A person licensed pursuant to 18 U.S.C. Section 921, et seq. may possess, store, keep, transport, or sell a machine gun in this State after securing a special limited license from the South Carolina Law Enforcement Division.
(a)(B) The South Carolina Law Enforcement Division may issue a special limited license for the possession, transportation, and sale of machine guns in this State to persons:
(1) who are authorized representatives of a machine gun manufacturer or dealer engaged in demonstrating and selling them to agencies authorized by law to possess them,; or
(2) who are engaged in professional movie-making or providing services to professional movie-makers who use machine guns as regulated by this article in the course of creating movie 'special effects'; or
(3) who are dealers licensed pursuant to 18 U.S.C. Section 921, et seq. for manufacturing, possession, transportation, or sale of machine guns.
(b)(C) Applications for the special license authorized by this section must be on a form prescribed by the division, duly sworn to, containing the applicant's full name, date, and place of birth, social security number, business and residence address, a record of any criminal charges filed against the applicant in the United States for other than traffic law violations and the disposition of the charges, a description of the machine guns to be possessed, transported, or sold in this State, including their make and serial numbers, the sites within the State to which the machine guns will be transported, and such other information the division considers necessary to implement this section.
(D) A person licensed pursuant to this section is prohibited from selling machine guns to agencies or persons other than those authorized by this article to possess machine guns.
(c)(E) The division may issue a special license pursuant to this section if it determines that the applicant has not been convicted of any offense other than traffic violations and the applicant clearly qualifies under item (1) or (2) of subsection (a)(A) of this section and is qualified by federal and state law to possess a firearm. The special license is valid for a specified period not to exceed six twenty-four months which must be stated on the license and renewal applications must be filed with the division on a form approved by the division containing information the division considers necessary to implement this section.
(F) A person licensed under this section must report, on a form approved by the division, to the division all sales or transfers of machine guns to other persons or agencies. The form must contain the full name, date, and place of birth, social security number, business and residence address of the buyer or transferee, and a description of the machine guns transferred, including their make and serial numbers and such information the division considers necessary to implement this section.
(d)(G) Any A person who knowingly and wilfully makes any false statement for the purpose of obtaining the special license or possessing a machine gun, or who violates its the terms of the license, in addition to any other penalty provided by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than two years, or both.
(H) The division may suspend or revoke a license issued under this section if it determines that the license holder has made any false statement to obtain the license or has violated the provisions of this section or becomes a person prohibited under federal or state law from possessing a firearm."
SECTION 5. This act takes effect upon approval by the Governor./
AMEND TITLE TO READ:
/TO AMEND SECTION 16-23-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL TRANSPORTATION OF A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN OR RIFLE WITHIN THE STATE, SO AS TO FURTHER PROVIDE FOR PENALTIES; TO AMEND SECTION 16-23-230, AS AMENDED, RELATING TO UNLAWFUL STORING, KEEPING, OR POSSESSING A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN, OR RIFLE, SO AS TO FURTHER PROVIDE FOR PENALTIES; TO AMEND SECTION 16-23-240, AS AMENDED, RELATING TO UNLAWFUL SALE, RENTAL, OR GIVING AWAY OF A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN, OR RIFLE, SO AS TO FURTHER PROVIDE FOR PENALTIES; AND TO AMEND SECTION 23-31-370, AS AMENDED, RELATING TO SPECIAL LIMITED LICENSES FOR POSSESSION, TRANSPORTATION, AND SALE OF MACHINE GUNS, SO AS TO PROVIDE THAT A PERSON LICENSED PURSUANT TO FEDERAL LAW MAY POSSESS, STORE, KEEP, TRANSPORT, OR SELL A MACHINE GUN IN THIS STATE AFTER SECURING A SPECIAL LIMITED LICENSE FROM THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROHIBIT THE SALE OF MACHINE GUNS TO AGENCIES OR PERSONS NOT AUTHORIZED TO POSSESS MACHINE GUNS, TO REQUIRE CERTAIN INFORMATION PERTAINING TO LICENSEES AND CONCERNING THE SALE OR TRANSFER OF MACHINE GUNS BE PROVIDED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROVIDE FOR SUSPENSION AND REVOCATION OF LICENSES ISSUED UNDER THIS SECTION, AND TO PROVIDE PENALTIES. /
Renumber sections to conform.
Amend totals to conform.
Rep. EASTERDAY explained the amendment.
Reps. PINCKNEY, J. BROWN, SCOTT, HOWARD, NEAL, KENNEDY, GOURDINE, and LLOYD requested debate on the Bill.
The following Bill was taken up:
H. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9006SOM99.):
Amend the bill, as and if amended, in Section 22-2-130 as contained in SECTION 1, on line 35, page 1, by striking /three calendar years/ and inserting / calendar year /
When amended, Section 22-2-130 shall read:
/ Section 22-2-130. If any a juror duly summoned neglects or refuses to appear in obedience to any a venire issued by a magistrate's court and within forty-eight hours does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he shall pay a civil penalty not exceeding one hundred dollars. A failure to pay forthwith the civil penalty assessed constitutes is a contempt of court and may be punished accordingly. No A person shall not serve on a jury in a magistrate's court more than once in a three-month period every calendar year. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 1, Rep. COTTY having the floor.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 196 (Word version) -- Senators Courson, Giese, Leventis, McGill, Hayes and Wilson: 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.
The Honorable Harold L. Miller and distinguished party were escorted to the rostrum by Senators Courson, Hayes, Holland and Matthews and Representatives BARRETT, BATTLE, BREELAND, KNOTTS AND LEACH.
The SPEAKER recognized our special guests here today and then introduced Mr. Harold L. Miller, the National Commander of the American Legion, who addressed the Joint Assembly as follows:
"Thank you so much for a very warm welcome on a rather cold morning, Lieutenant Governor Peeler, Speaker Wilkins. Thank you for having me and the American Legion family into your home.
Please permit me to introduce a few people who honor me with their presence this afternoon:
the leader of the nation's largest women's patriotic organization, National President of the American Legion Auxiliary, Mrs. Virginia Hobbs of Kentucky;
carrying the torch in the Palmetto State is Mrs. Nancy Jordan of Sumter, President of the South Carolina American Legion Auxiliary;
we call him Mr. Legionnaire, Past National Commander of the American Legion, E. Roy Stone of Greenville;
Bob Spanogle, National Adjutant Commander of the South Carolina American Legion, Clarence McGee of St. Stevens,
and, Adjutant of the South Carolina American Legion, Mr. Jimmy Hawk.
With a heavy heart and a profound sense of gratitude, I recognize the Gold Star Mothers. Each of these women lost a son or daughter in military service to this nation. May God bless you, keep you, and give you peace. I'm honored to be among you.
I have a son. He nominated me for National Commander at the New Orleans convention last September. His name is Craig - Captain Craig Miller, United States Marine Corps. He's in the Gulf now. I think about him every day. I pray for his safety-every day. I feel a great sense of pride in what he's become-every day. Nothing short of a catastrophe will make me understand exactly how you Gold Star mothers feel. But this I do know, with freedom we, as Americans, enjoy, comes a great responsibility.
We are responsible for protecting the ideals for which your children and generations of others laid down their lives. We are responsible for upholding the values that my son, Craig, and his contemporaries stand in harm's way to protect. We are responsible for passing down to the young people of South Carolina and to the young people of America, a respect for the freedom, justice, equality, and legitimate institutions that symbolize those core values.
Our American values are enshrined in the Declaration of Independence and the Constitution of the United States. Our values define who we are, as Americans. The only way to properly honor the Supreme Sacrifice of more than 1 million American men and women is to ensure that they did not die in vain. Public officials such as you, as well as private citizens, do this by preserving the values that the flesh of our flesh fought, to their last breath, to preserve.
Because they shed their blood, generations of Americans may pursue their dreams. Our republic shines like a diamond in the world community-a place where anybody with a passion for success can become whatever he or she wants to be, such as Governor, Lieutenant Governor, lawmaker, appointed official, or National Commander of the largest patriotic organization.
In the fall of 1864, President Lincoln wrote a letter to Lydia Bixby, a Massachusetts widow who lost five sons in the Civil War. Let me read a portion of that letter:
'I feel how weak and fruitless must be any word of mine which should attempt to beguile you from the grief of a loss so overwhelming. But, I cannot refrain from tendering you the consolation that may be found in the thanks of the Republic they died to save. I pray that our Heavenly Father may assuage the anguish of your bereavement, and leave you only the cherished memory of the loved and lost, the solemn pride that must be yours to have laid so costly a sacrifice upon the altar of freedom.'
Now, it takes guts to publicly praise Lincoln in a State where the Stars and Bars are exalted. But hear me out. After all, I'm a Virginian now.
I pray that those who lost loved ones in military service, and those who incurred disabilities serving their country, are consoled by one fact, that there are good people in South Carolina and throughout our Nation, who will ensure that such sacrifice was not in vain. That the rest of us, who didn't pay so high a price, appreciate those who did.
Count on my 2.8-million member American Legion. We work tirelessly to preserve American values. Surely, no Legionnaires work harder than the 25-thousand men and women of the South Carolina American Legion. Thank goodness we Legionnaires have the American Legion Auxiliary and the Sons of the American Legion working with us.
We teach the tenets of government through American Legion Boys State and Boys Nation. The Auxiliary does the same thing in American Legion Auxiliary Girls State and Girls Nation. We encourage constitutional study through the National High School Oratorical Contest. We sponsor scouting units and American Legion Baseball teams that foster teamwork and dedication to duty. We give medals to Junior ROTC cadets, young people who demonstrate the leadership potential that courses through the halls of our service academies, and The Citadel.
We lobby our government to provide our troops the training and pay they deserve, and also, to provide veterans the benefits that they so justly earned.
There would be no GI Bill and no cabinet level Department of Veterans Affairs had there not been an American Legion.
We support a new GI Bill-the GI Bill of Health. It will make the VA health care system accessible to all veterans and their families. Our plan also will pump new funding into the system, to keep the doors of those VA hospitals open.
We are raising money to build a first-rate World War II Memorial on The Mall in Washington. On behalf of South Carolina's nearly 80,000 World War II veterans, my thanks to Alternate National Executive Committeeman Sonny Singletary Jr. of Cross. He's the coordinator of the World War II Memorial Fund for the South Carolina Department of The American Legion.
We visit schools to teach students how to treat the flag of the United States. It's the flag that draped the caskets of the patriots whose mothers grace this chamber.
We believe that the American people must retain the right to protect their flag from acts of physical desecration. Because of a 1989 Supreme Court decision, a constitutional amendment is the only way the people will reclaim that right. And I'm delighted that unanimously South Carolina's congressional delegation has supported a flag-protection constitutional amendment. To me, that says something very beautiful about the people of South Carolina.
We in The American Legion family do everything we can to preserve freedom, justice, equality, and respect for cherished American institutions. Ultimately, however, it's up to those ELECTED to serve the people to uphold the values of the people in our laws, which brings me to the things I ask of you.
Last night, at the South Carolina Legion Mid-Winter Conference, I observed the presentation of Legislative Awards. The American Legion members of SC recognized Rep. James Law and Senator J. Yancey McGill for their support of policies benefiting South Carolina's 380,000 veterans.
Know that my comrades here in South Carolina are paying close attention to how you vote on veterans' issues. We're counting on the Governor's Office, the House and the Senate to continue to reflect an appreciation for those who served. Anyone who puts on a military uniform can join the ranks of the honored dead. In light of this harsh but inevitable reality, you must take care of South Carolinians who fought the good fight-and were fortunate enough to come home.
The Department of Veterans Affairs, from which I retired in 1997, will spend about a half-billion dollars of its 40-billion dollar budget in South Carolina. Therein lies the opportunity for state and federal partnerships to serve South Carolina veterans. Therein lies the opportunity to show how grateful your State is for the service of its patriots.
You want to say thank you to an elderly veteran who needs assistance? Build another veterans care center! Those who served this nation when they were young and strong deserve to be served when they are old and in need of special care.
You want to say thank you to a younger veteran? Then remind businesses of the advantages inherent in hiring veterans. Hundreds of thousands of young men and women get out of the service every year. Each needs a job. And, any firm that hires a veteran is likely to be very satisfied.
This is not purely a veteran's issue; but, if you want to thank all veterans and their families, then continue to support a flag-protection constitutional amendment. Consider passing a law such as the one the Wisconsin House passed. The new Wisconsin law would ban flag desecration if it creates a public disturbance. The law would not give the flag the full protection that polls say "We the People" want. But, such a law is a crucial step toward honoring values symbolized by the flag, values men and women laid down their lives defending.
By supporting South Carolina's veterans, you uphold an unwritten sacred covenant between "We the People" and our sons and daughters imbued with the mettle to become patriots. Young people will more readily sacrifice if the nation and the states honor and care for those who served.
But, please build another veterans care center, encourage veterans preference, and honor the battle colors of our troops for the MORAL reason; because, it's the responsibility of all of us who have the good fortune to call ourselves Americans to uphold the values sanctified by the blood of those who served.
Keep up your good work. My Legionnaires and our entire American Legion family will do the same. God bless you, God bless South Carolina, and God bless the United States of America."
Upon the conclusion of his address, the National Commander and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
A 12:20 P. M. the House resumed, the SPEAKER in the Chair.
Rep. SCOTT moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3608 (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 CONGRATULATING THE HONORABLE MARGARET B. SEYMOUR, FORMERLY UNITED STATES MAGISTRATE FOR FLORENCE COUNTY, ON HER ASSUMPTION OF THE BENCH OF THE UNITED STATES DISTRICT COURT IN SOUTH CAROLINA AND EXPRESSING THE PRIDE OF THE STATE'S CITIZENS ON THIS MOST RECENT ACCOMPLISHMENT OF A TRUE RENAISSANCE WOMAN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 3609 (Word version) -- Rep. Delleney: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE COACHES AND MEMBERS OF THE LEWISVILLE HIGH SCHOOL "LIONS" FOOTBALL TEAM ON MARCH 3, 1999, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1998 CLASS A TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the coaches and members of the Lewisville High School "Lions" Football Team on March 3, 1999, at a time to be determined by the Speaker for the purpose of being recognized for winning the 1998 Class A Title.
The Resolution was adopted.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 3610 (Word version) -- Rep Delleney: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LEWISVILLE HIGH SCHOOL CHEERLEADING SQUAD ON MARCH 3, 1999, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THEIR NINTH CONSECUTIVE STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Lewisville High School Cheerleading Squad on March 3, 1999, at a time to be determined by the Speaker for the purpose of being recognized for winning their ninth consecutive State Championship.
The Resolution was adopted.
Rep. MILLER moved that the House do now adjourn, which was agreed to.
At 12:25 P.M. the House in accordance with the motion of Rep. RODGERS adjourned in memory of William F. Cochrane of Beaufort to meet at 10:00 A.M. tomorrow.
This web page was last updated on Friday, June 26, 2009 at 9:26 A.M.