Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
God of all goodness and mercy, as we travel the journey of faith this week - that some call "Holy Week" - cause us to see God's unbounded love for His people. Teach us to know that we are always before the white purity of God from which nothing unclean can survive, and under the scrutiny of His all-seeing eye. Deliver us from elevating cleverness above goodness, humor above honor. Make us to know that in the daily duties placed in our hands that our effectiveness depends upon the surrender we make of our self-centered way to the control of Your will. Accept, Lord, our praise and thanksgiving. 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. ROBINSON moved that when the House adjourns, it adjourn in memory of Dr. William J. Goudelock of Easley, which was agreed to.
The following was received.
Memorandum To: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, March 31, l999
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
Lander University
1st District, Seat 2 Mrs. Robin R. Agnew (Pawleys Island)
South Carolina State
1st District, Seat 1 Mr. Arnold Collins (Charleston)
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham, Neal, Robinson, Sandifer and Moody-Lawrence: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3500 (Word version) -- Reps. Hawkins, Klauber and Fleming: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A MEMBER OF A MUNICIPAL OR COUNTY ELECTION COMMISSION FROM PARTICIPATING IN CERTAIN POLITICAL ACTIVITY, SO AS TO PROVIDE THAT A MEMBER IS NOT ELIGIBLE FOR REAPPOINTMENT ONCE REMOVED FROM A COMMISSION BY THE GOVERNOR.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 36 (Word version) -- Senators Waldrep, Elliott, Ryberg and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3547 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE SERVICE CHARGE FROM TWENTY-FIVE TO THIRTY DOLLARS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3801 (Word version) -- Reps. J. Smith, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE ARTHUR FUSCO OF COLUMBIA.
Whereas, the members of the General Assembly were saddened to learn of the death of Arthur Fusco on Tuesday, March 2, 1999; and
Whereas, Arthur "Art" Fusco served with distinction in the United States Navy in World War II, in the submarine service, and was a Pearl Harbor survivor; and
Whereas, he embarked on a career with the South Carolina Department of Labor, retiring as assistant commissioner after which he entered into business as the owner of Art's Gun Shop, traveling the State selling law enforcement equipment; and
Whereas, he contributed to the life of the community as a member of Richland Masonic Lodge #39 and as a member of Shandon United Methodist Church; and
Whereas, he is survived by his widow, Lucia Geiger Fusco and sons, Arthur and Frank Fusco; and
Whereas, his loss is especially felt by members and staff of the General Assembly, as Art Fusco was the beloved father of Frank Fusco, a much admired and respected member of the extended family that is the General Assembly; and
Whereas, it is appropriate for members of the General Assembly to pause in their deliberations so that they might note the passing of so distinguished a South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express sympathy to the family and friends of the late Arthur Fusco of Columbia.
Be it further resolved that a copy of this resolution be sent to Mrs. Lucia G. Fusco and sons, Arthur and Frank Fusco.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3802 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE HAMMOND SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE 1998-99 SOUTH CAROLINA INDEPENDENT SCHOOLS' ASSOCIATION BASKETBALL CHAMPIONSHIP AND FOR AN OUTSTANDING SEASON DURING WHICH THEY DID NOT LOSE TO A TEAM FROM SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 672 (Word version) -- Senators Hutto, Washington and Matthews: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE WILBUR LUCIUS CAVE OF ALLENDALE COUNTY FOR HIS YEARS OF EXCELLENT SERVICE TO THE CONSTITUENTS OF HOUSE DISTRICT 91, THE HOUSE OF REPRESENTATIVES, AND THE CITIZENS OF THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO OUR MOST ESTEEMED FRIEND AND COLLEAGUE ON ASSUMING THE DUTIES OF HIS POSITION AS DIRECTOR OF CONSTITUENT SERVICES FOR GOVERNOR HODGES.
Whereas, the Honorable Wilbur Lucius Cave is a lifelong resident of Allendale County and a 1977 graduate of the University of South Carolina; and
Whereas, his professional life began as a Substance Abuse and Transportation Coordinator for Barnwell School District 45, Field Representative for Congressman Butler Derrick, Administrator for the Town of Allendale, and Cave Printing in Allendale, South Carolina; and
Whereas, his dedication to the residents of Allendale, Barnwell, and Bamberg Counties was recognized by his election to the House of Representatives in 1994 where he has served with distinction until his recent resignation; and
Whereas, Wilbur Cave is a devoted family man with a loving wife, the former Janice R. Dillard, and four children, Alisha, Julius, Frederick, and Renee; and
Whereas, the congregation of Union United Methodist Church, where he has served as Chairperson of the Finance Committee and a Sunday School teacher, has benefited from his strong values, faithfulness, and his service ethic; and
Whereas, we take great pleasure in this opportunity to express our deepest appreciation for his years of dedicated and excellent public service as an elected representative and we proudly express our gratitude for his decision to be part of the legislative process; and
Whereas, while we will lose the contributions of Wilbur Lucius Cave because he has resigned from his elected office in the House of Representatives, we are pleased that he has chosen to continue in public service as an integral member of the Governor's executive staff in the position of Coordinator of Constituent Services. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, highly commend the Honorable Wilbur Lucius Cave of Allendale County for his years of excellent service to the citizens of District 91, the House of Representatives, and the citizens of South Carolina, and extend best wishes to our most esteemed friend and colleague in his position as Coordinator of Constituent Services.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Wilbur Lucius Cave.
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. 3803 (Word version) -- Reps. D. Smith and Maddox: A BILL TO AMEND SECTION 50-13-1415, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST POSSESSION, SALE, IMPORTATION INTO THE STATE, OR RELEASE INTO THE WATERS OF THE STATE OF WATER HYACINTH AND HYDRILLA, SO AS TO PROVIDE PENALTIES UPON CONVICTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3804 (Word version) -- Reps. Knotts, Whatley, Seithel, Koon, McGee, Wilkins, Harrison, Allison, Altman, Askins, Bales, Barrett, Battle, Bauer, Beck, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Gilham, Gourdine, Hamilton, Haskins, Hawkins, Hinson, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Lourie, Lucas, Mason, McCraw, M. McLeod, Meacham, Miller, Neal, Neilson, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilder, Woodrum and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEAPONS, BY ADDING ARTICLE 7 SO AS TO PROVIDE DEFINITIONS RELATING TO BOMBS AND WEAPONS OF MASS DESTRUCTION, TO PROHIBIT MANUFACTURE, TRANSPORTATION, POSSESSION, OR USE OF BOMBS AND WEAPONS OF MASS DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary
H. 3805 (Word version) -- Rep. Sheheen: A BILL TO REPEAL JOINT RESOLUTION 210 OF 1987 RELATING TO THE PURCHASE OF NOTES ISSUED BY THE SAVANNAH VALLEY AUTHORITY BY THE INSURANCE RESERVE FUND AND TO PROVIDE FOR THE REPAYMENT OF EXISTING INDEBTEDNESS.
Referred to Committee on Ways and Means
H. 3806 (Word version) -- Rep. Sheheen: A BILL TO REPEAL SECTION 1-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY FOR THE INSTALLMENT PURCHASE PLAN OPERATED BY THE STATE BUDGET AND CONTROL BOARD.
Referred to Committee on Ways and Means
H. 3807 (Word version) -- Reps. Inabinett, Bailey, Beck, Breeland, J. Brown, Emory, J. Hines, M. Hines, Lee, Littlejohn, Lloyd, Mack, Neal, Phillips, Pinckney, Rhoad, Rutherford, Stuart and Whipper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE BINGO TAX ACT, SO AS TO PROVIDE DIFFERENT HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE ADVERTISING AND OPERATING THE GAME FOR SENIOR CITIZENS; AND TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO THE CLASSES OF BINGO LICENSES, SO AS TO PROVIDE SPECIFIC HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE OPERATING THE GAME FOR SENIOR CITIZENS.
On motion of Rep. INABINETT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Referred to Committee on Judiciary
H. 3809 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIO ON "ALL OTHER PERSONAL PROPERTY", SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY INCLUDING PASSENGER MOTOR VEHICLES, RECREATIONAL VEHICLES, PICKUP TRUCKS, TRAILERS, MOTORCYCLES, BOATS, AND PRIVATE AIRCRAFT, AND EXCLUDING UNITS OF MANUFACTURED HOUSING AND COMMERCIALLY OPERATED AIRCRAFT, ALL AS DEFINED BY LAW, AND PROVIDING AN ASSESSMENT RATIO FOR THIS NEW CLASS EQUAL TO NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE DECLINING OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT AND TO PROVIDE EFFECTIVE DATES.
Without Reference
H. 3810 (Word version) -- Rep. Sheheen: A BILL TO AMEND SECTION 2-15-61, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCESS OF THE LEGISLATIVE AUDIT COUNCIL TO STATE AGENCY RECORDS, SO AS TO GRANT SUBPOENA POWERS TO THE COUNCIL AND TO PROVIDE THAT THE COUNCIL'S INFORMATION REQUESTS BE SENT TO THE CHIEF ADMINISTRATIVE OFFICER OF THE AGENCY BEING EXAMINED AND THAT WILFUL NONCOMPLIANCE WITH THAT REQUEST IS MISFEASANCE IN OFFICE; TO AMEND SECTION 2-15-120, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE THAT AUDIT WORKING PAPERS ARE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE AND TO PROVIDE THAT THE GENERAL ASSEMBLY, ITS STAFF, AND OTHER ENTITIES ARE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND PENALTIES WHILE PERFORMING AUDIT COMPLIANCE REVIEW DUTIES.
Referred to Committee on Judiciary
H. 3811 (Word version) -- Reps. Wilkins and Vaughn: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
Referred to Committee on Labor, Commerce and Industry
H. 3812 (Word version) -- Reps. Loftis, Cato, Hamilton, Haskins, Leach, Tripp and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM IN THE GREENVILLE COUNTY SCHOOL DISTRICT TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED VOTERS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FAVOR ELECTING THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT IN PARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION OF 2002; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR THE ELECTION OF THE BOARD OF TRUSTEES IN PARTISAN ELECTIONS, THAT THE ELECTION OF SCHOOL TRUSTEES CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION OF 2002 WILL BE PARTISAN; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR PARTISAN ELECTIONS, SECTION 1 OF ACT 521 OF 1992 IS REPEALED UPON CERTIFICATION OF THE RESULTS OF THAT REFERENDUM, AND TO PROVIDE FOR THE STRUCTURE AND PROCEDURE FOR ELECTION OF THE
BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FROM THAT DATE ON.
Rep. LOFTIS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. MCMAHAND objected.
Referred to Committee on Education and Public Works
H. 3813 (Word version) -- Reps. Keegan, Kelley, Bailey, Edge and Jennings: A BILL TO REPEAL CHAPTER 27, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS AND TO TRANSFER COMMISSION ASSETS, APPROPRIATIONS, AND FTE'S TO THE OFFICE OF REGIONAL DEVELOPMENT OF THE STATE BUDGET AND CONTROL BOARD.
Referred to Committee on Ways and Means
H. 3814 (Word version) -- Reps. Carnell, Wilder, Scott, Webb, Bales, Askins, Bailey, Battle, Breeland, G. Brown, T. Brown, Canty, Clyburn, Cobb-Hunter, Gourdine, Hayes, J. Hines, M. Hines, Howard, Inabinett, Jennings, Kennedy, Klauber, Lloyd, Lourie, Mack, Maddox, McCraw, McMahand, Miller, Neal, Ott, Parks, Phillips, Rhoad, Rutherford, J. Smith, Taylor, Whipper and Wilkes: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
Referred to Committee on Ways and Means
H. 3815 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THE LANGUAGE FOR THE EXPLANATION OF THE CONSTITUTIONAL BALLOT COMMISSION FOR THE AMENDMENT TO THE CONSTITUTION OF THIS STATE PROPOSED PURSUANT TO H. 3809 OF 1999.
Without Reference
S. 56 (Word version) -- Senators Alexander and Elliott: A BILL TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.
Referred to Committee on Labor, Commerce and Industry
S. 199 (Word version) -- Senators J. Verne Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 535 (Word version) -- Senators Short, Bryan, Washington, Cork, Setzler, Anderson, Mescher, Hayes, Wilson, Drummond, Waldrep, Jackson, Ford, Rankin, Moore, Land, J. Verne Smith, Hutto, Branton, Russell, Matthews, Leventis, Reese, Passailaigue, Glover, McGill, Elliott, Saleeby and Holland: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT.
Referred to Committee on Education and Public Works
S. 577 (Word version) -- Senators McConnell, Leventis, Ryberg and Ford: A BILL TO AMEND SECTION 2-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT A PERSON MAY NOT SEEK MORE THAN ONE JUDICIAL VACANCY AT THE SAME TIME.
Referred to Committee on Judiciary
S. 654 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8926, SO AS TO PROVIDE A CONDITIONAL DISCHARGE FOR A FIRST OFFENSE OF PURCHASING OR POSSESSING BEER, ALE, PORTER, WINE, FERMENTED BEVERAGES, OR ALCOHOLIC LIQUORS BY A PERSON UNDER TWENTY-ONE YEARS OF AGE; AND TO AUTHORIZE SUCH PERSONS TO APPLY TO THE COURT FOR AN ORDER EXPUNGING ALL RECORDS RELATING TO THE ARREST, INDICTMENT OR INFORMATION, TRIAL, FINDING OF GUILTY, AND DISMISSAL; AND BY ADDING SECTION 61-4-595, SO AS TO PROVIDE THAT THE HOLDER OF A PERMIT FOR THE SALE OF BEER OR WINE WHO IS CHARGED WITH SELLING BEER OR WINE TO A PERSON UNDER TWENTY-ONE YEARS OF AGE MAY USE AS A MITIGATING CIRCUMSTANCE PROGRAMS USED BY THE PERMIT HOLDER TO EDUCATE AND TRAIN ITS EMPLOYEES ON THE PREVENTION OF THE SALE OF BEER OR WINE TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, AND TO FURTHER PROVIDE THAT, IF THE PERMIT HOLDER AND HIS EMPLOYEES PARTICIPATE IN SUCH A PROGRAM, THE ADMINISTRATIVE LAW JUDGE MAY DISMISS THE CHARGES AGAINST THE PERMIT HOLDER.
Referred to Committee on Judiciary
The following was introduced:
H. 3816 (Word version) -- Reps. Harvin and Kennedy: A HOUSE RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE SCHOOL OFFICIALS, COACHES, AND MEMBERS OF THE LAURENCE MANNING ACADEMY GIRLS' BASKETBALL TEAM ON THE OCCASION OF THEIR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION 1999 CLASS AAA GIRLS' BASKETBALL CHAMPIONSHIP.
The Resolution was adopted.
On motion of Rep. HARVIN, with unanimous consent, the following was taken up for immediate consideration:
H. 3817 (Word version) -- Reps. Harvin and Kennedy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LAURENCE MANNING ACADEMY GIRLS' BASKETBALL TEAM, COACHES, STAFF, AND SCHOOL OFFICIALS ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1999 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AAA CHAMPIONSHIP IN GIRLS' BASKETBALL.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Laurence Manning Academy Girls' Basketball Team, coaches, staff, and school officials on a date and at a time to be determined by the Speaker for the purpose of being recognized for winning the 1999 South Carolina Independent Schools Association Class AAA Championship in girls' basketball.
The Resolution was adopted.
The following was introduced:
H. 3818 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND DR. ROSE HILLIARD-WILDER, SUPERINTENDENT OF CLARENDON SCHOOL DISTRICT TWO, FOR HER OUTSTANDING LEADERSHIP AND PUBLIC SERVICE, AND TO CONGRATULATE HER ON THE OCCASION OF BEING NAMED THE OUTSTANDING SUPERINTENDENT OF THE YEAR FOR A MEDIUM SIZED SCHOOL DISTRICT BY THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
The Resolution was adopted.
The following was introduced:
H. 3819 (Word version) -- Reps. Whatley, Limehouse and Altman: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE GEORGE E. CAMPSEN IV OF CHARLESTON FOR BEING THE YOUNGEST SOUTH CAROLINIAN EVER TO COMPLETE AND SUCCESSFULLY PASS THE EXAMINATION REGARDING THE DEPARTMENT OF NATURAL RESOURCES' BOATING SAFETY COURSE.
Whereas, the members of the House of Representatives are extremely pleased to learn that George E. Campsen IV of Charleston is the youngest South Carolinian ever to complete and successfully pass the examination of the Department of Natural Resources' Boating Safety Course; and
Whereas, George Campsen is seven years old, a student at the Charleston Day School, and is the son of our friend and colleague Representative Chip Campsen of Charleston; and
Whereas, this outstanding achievement by this fine young man is a credit not only to him but serves as an example for other young boating enthusiasts and sportsmen to follow; and
Whereas, members of the House of Representatives, by this resolution, would like to publicly recognize and congratulate George Campsen for this wonderful achievement. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives commend and congratulate George E. Campsen IV of Charleston for being the youngest South Carolinian ever to complete and successfully pass the examination regarding the Department of Natural Resources' Boating Safety Course.
Be it further resolved that a copy of this resolution be forwarded to George E. Campsen IV.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown G. Brown H. Brown J. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines J. Hines M. Hinson Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Ott Parks Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, March 31.
Harry Askins Andre Bauer Bill Cotty Jerry Govan Leon Howard Steve Lanford Joseph Neal Denny Neilson Clementa Pinckney Jackson Whipper Timothy Wilkes
STATEMENT OF ATTENDANCE
Rep. PINCKNEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 30.
Announcement was made that Dr. Gerald Harmon of Georgetown 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. 3616 (Word version)
Date: ADD:
03/31/99 KNOTTS
Bill Number: H. 3404 (Word version)
Date: ADD:
03/31/99 SCOTT
Bill Number: H. 3404 (Word version)
Date: ADD:
03/31/99 W. MCLEOD
Bill Number: H. 3356 (Word version)
Date: ADD:
03/31/99 SIMRILL
Bill Number: H. 3790 (Word version)
Date: ADD:
03/31/99 WHATLEY
Bill Number: H. 3293 (Word version)
Date: ADD:
03/31/99 SIMRILL
Bill Number: H. 3404 (Word version)
Date: REMOVE:
03/31/99 CAVE
Rep. CLYBURN presented to the House the Wardlaw Academy Lady Patriots Basketball Team, winners for three consecutive years of the SCISAA Championship, their coaches and other school officials.
The following Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification:
S. 352 (Word version) -- Senator Moore: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
The following Bill was taken up:
H. 3646 (Word version) -- Reps. Leach, Cato, Easterday, Hamilton, Haskins, Loftis, Rice, Tripp and Vaughn: A BILL TO AMEND ACT 521 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS AND FOR THE NOMINATION OF CANDIDATES.
Rep. VAUGHN moved to table the Bill, which was agreed to.
The following Bill was taken up:
H. 3531 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION.
Rep. SHEHEEN objected to the Bill.
Rep. HARRISON explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3616 (Word version) -- Reps. Fleming, Altman, Barfield, Barrett, Bauer, Beck, H. Brown, Campsen, Cato, Chellis, Cotty, Dantzler, Delleney, Easterday, Gilham, Gourdine, Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Klauber, Lanford, Law, Leach, Limehouse, Littlejohn, Lucas, Maddox, Martin, Mason, McGee, McKay, Meacham, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Stille, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Wilder, Wilkins, Woodrum, Young-Brickell, Edge, D. Smith and Knotts: A BILL TO AMEND SECTION 8-13-1316, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROVIDE THAT A RECIPIENT GIVEN A CONTRIBUTION IN VIOLATION OF THIS SECTION MUST REMIT IT TO THE CHILDREN'S TRUST FUND WITHIN SEVEN DAYS OF ITS RECEIPT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1319DW99), which was adopted.
Amend the bill, as and if amended, page 1, line 26, after /contribution/ by inserting /,/ and by striking /seven/ and inserting /ten/ so that when amended subsection (C) of Section 8-13-1316 of the 1976 Code, as added by SECTION 1, shall read:
/ (C) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within ten days must remit the contribution to the Children's Trust Fund. /
Amend title to read:
/ TO AMEND SECTION 8-13-1316, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROVIDE THAT A RECIPIENT GIVEN A CONTRIBUTION IN VIOLATION OF THIS SECTION MUST REMIT IT TO THE CHILDREN'S TRUST FUND WITHIN TEN DAYS OF ITS RECEIPT. /
Rep. FLEMING explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 3616 be read the third time tomorrow.
The following Bill was taken up:
H. 3398 (Word version) -- Reps. Robinson, Kelley, Simrill, H. Brown, Sandifer, Fleming, Easterday, McKay, Rice, Leach, D. Smith, Hamilton, Klauber, Trotter, Haskins, Harrison, Vaughn and Barrett: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO FURTHER PROVIDE FOR THE AWARDING OF ATTORNEY'S FEES IN SUCH ACTIONS AND IN ADMINISTRATIVE PROCEEDINGS; AND TO AMEND SECTION 15-77-310, RELATING TO PETITIONING FOR ATTORNEY'S FEES, SO AS TO REVISE THE TIME WITHIN WHICH THE PREVAILING PARTY MUST PETITION FOR ATTORNEY'S FEES AND TO PERMIT A PETITION FOR ATTORNEY'S FEES IN ADMINISTRATIVE ACTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20347SD99):
Amend the bill, as and if amended, in Section 15-77-300 of the 1976 Code as contained in SECTION 1, page 1, line 34, by inserting /Administrative Law Judge Division,/ after /officer,/
When amended Section 15-77-300 shall read:
"Section 15-77-300. In any civil action or administrative proceeding brought by or against the State, any or a political subdivision or agency of the State, or in a civil action where any party who is contesting state action, unless the prevailing party is the State or any a political subdivision or agency of the State, the court, chief procurement officer, Administrative Law Judge Division, procurement review panel, or other appropriate state officer or agency may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency or losing party if it is found that:
(1) The court finds that the agency or losing party acted without substantial justification in pressing its claim against the prevailing party or the state action; and
(2) The court finds that there are no special circumstances that would make the award of attorney's fees unjust.
The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, except as provided by law."
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Rep. EASTERDAY moved to adjourn debate on the Bill until Tuesday, April 6, which was agreed to.
Rep. TAYLOR moved to adjourn debate upon the following Joint Resolution until Tuesday, April 6, which was adopted:
S. 620 (Word version) -- Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING, OR OTHERWISE FURNISHING, SOCIAL SECURITY NUMBERS, DIGITIZED PHOTOGRAPHS, AND DIGITIZED SIGNATURES, AND TO PROHIBIT ANY PRIVATE PERSON OR ENTITY FROM USING AN ELECTRONICALLY-STORED VERSION OF THE PHOTOGRAPH, SOCIAL SECURITY NUMBER, OR SIGNATURE OF ANY PERSON FOR ANY PURPOSE, WHEN SUCH ELECTRONICALLY-STORED INFORMATION WAS OBTAINED FROM A DRIVER'S LICENSE RECORD.
The following Bill was taken up:
H. 3356 (Word version) -- Reps. Limehouse, Harrell, Seithel, Fleming, Altman, Campsen, Vaughn, McCraw, Harrison, Wilkins, Barrett, Sandifer, Easterday, McGee, Rice and Simrill: A BILL TO AMEND CHAPTER 4 OF TITLE 30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO PROHIBIT THE SALE BY A PUBLIC BODY OF ANY RECORDS, PUBLIC OR OTHERWISE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11276MM99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 4, Title 30 of the 1976 Code is amended by adding:
"Section 30-4-160. (A) This chapter does not allow the Department of Public Safety to sell, provide, or otherwise furnish to a private party personal information on height, weight, and race or Social Security numbers in its records or copies of photographs or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. The department may not release any part of the identification record of a child younger than fifteen years of age to a private party.
(B) Records of height, weight, and race and photographs, signatures, and digitized images from a driver's license or personal identification card are not public records."
SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-545. (A) The Department of Public Safety may not sell, provide, or otherwise furnish to a private party personal information on height, weight, or race, Social Security numbers, copies of photographs or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. The department may not release any part of the identification record of a child younger than fifteen years of age to a private party.
(B) Records of height, weight, and race and photographs, signatures, and digitized images from a driver's license or personal identification card are not public records.
(C) Notwithstanding any other provision of law, a private person may not use an electronically stored version of the photograph, Social Security number, height, weight, race, or signature of a person for any purpose if the electronically stored information was obtained from a driver's license record.
SECTION 3. This act takes affect upon approval by the Governor./
Amend title to conform.
Rep. HAWKINS explained the amendment.
Rep. HAYES 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 following Joint Resolution was taken up, read the second time, and ordered to a third reading:
S. 622 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 5, 1999, MISSED BY SIXTH AND SEVENTH GRADE STUDENTS OF GREER MIDDLE SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO THE LOSS OF HEAT IN THE BUILDING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that S. 622 be read the third time tomorrow.
The following Bill was taken up:
H. 3790 (Word version) -- Reps. Rhoad, Carnell, Neilson, Hayes, Lloyd, Knotts, Bowers, Taylor, Wilder, Ott, McCraw, Witherspoon, W. McLeod, Koon, Barrett, Miller, Battle, Bailey, Phillips, Cotty, Rutherford, Keegan, Delleney, J. Brown, D. Smith, Gourdine and Whatley: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.
Rep. H. BROWN 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.
On motion of Rep. HASKINS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
H. 3812 (Word version) -- Reps. Loftis, Cato, Hamilton, Haskins, Leach, Tripp and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM IN THE GREENVILLE COUNTY SCHOOL DISTRICT TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED VOTERS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FAVOR ELECTING THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT IN PARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION OF 2002; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR THE ELECTION OF THE BOARD OF TRUSTEES IN PARTISAN ELECTIONS, THAT THE ELECTION OF SCHOOL TRUSTEES CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION OF 2002 WILL BE PARTISAN; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR PARTISAN ELECTIONS, SECTION 1 OF ACT 521 OF 1992 IS REPEALED UPON CERTIFICATION OF THE RESULTS OF THAT REFERENDUM, AND TO PROVIDE FOR THE STRUCTURE AND PROCEDURE FOR ELECTION OF THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FROM THAT DATE ON.
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
H. 3293 (Word version) -- Reps. Wilkins, Gilham, Webb, Witherspoon, Lucas, Meacham, Taylor, Mason, Barrett, Harrison, Haskins, Tripp, Rodgers, Walker, Woodrum, Altman, Allison, Riser, Sandifer, McGee, Keegan, Townsend, Littlejohn, Hawkins, Leach and Simrill: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS OF CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR A BALLOT MEASURE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1405DW99), which was adopted.
Amend the bill, as and if amended, page 1, line 32, Section 8-13-1300(6), as contained in SECTION 1, by striking /an individual/ and inserting / a person /.
When amended, Section 8-13-1300(6) shall read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means a person who, to influence the outcome of an elective office or a ballot measure, makes:
(a) contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election." /
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
Rep. FLEMING explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown G. Brown H. Brown J. Brown T. Campsen Cato Chellis Clyburn Cobb-Hunter Dantzler Davenport Delleney Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines J. Hines M. Hinson Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 3293 be read the third time tomorrow.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3482 (Word version) -- Reps. Kelley, Altman, Bales, J. Brown, Cooper, Edge, Keegan, Miller, Sandifer and Witherspoon: A BILL TO AMEND SECTION 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED USES OF REVENUES FROM THE LOCAL HOSPITALITY TAX, SO AS TO CLARIFY THAT THE USE OF THESE REVENUES FOR CULTURAL, RECREATIONAL, OR HISTORIC FACILITIES IS LIMITED TO SUCH FACILITIES SUBSTANTIALLY USED OR VISITED BY TOURISTS.
Ordered for consideration tomorrow.
On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3820 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE APRIL 16, 1999, AS DR. MARY MCLEOD BETHUNE CHILDREN AUTHORS' PROGRAM DAY.
Whereas, Dr. Mary McLeod Bethune was born in Mayesville, South Carolina, in 1875, and in 1904 founded the Daytona Normal and Industrial Institute for Negro Girls (presently Bethune-Cookman College) in Daytona Beach, Florida; and
Whereas, during her lifetime, Dr. Bethune held many prominent positions including President of Bethune-Cookman College, consultant on interracial affairs and understanding at the Charter Conference of the United Nations, founder of the National Council of Negro Women, and Vice President of the National Association for the Advancement of Colored People; and
Whereas, Mrs. Jereleen Hollimon-Miller, great-grand niece of Dr. Bethune and her husband, Mr. Ed Miller, are continuing the wonderful legacy established by Dr. Bethune by sponsoring the first annual Dr. Mary McLeod Bethune Children Authors' State Fair in Columbia, South Carolina, on April 16, 1999; and
Whereas, the primary purpose for the Dr. Mary McLeod Bethune Children Authors' State Fair is to help children in primary education become better writers and published authors of children's books by requiring them to write an original story with art; and
Whereas, the fair will produce one winner for each of the forty-six counties; and
Whereas, this event's primary purpose is to promote reading and writing, which are vital to obtaining a good education. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That April 16, 1999, be declared as Dr. Mary McLeod Bethune Children Authors' Program Day.
Be it further resolved that a copy of this resolution be presented to Mr. Ed Miller and Mrs. Jereleen Hollimon-Miller.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. FLEMING moved that when the House adjourns today, it adjourn to meet in Local Session tomorrow, and in Statewide Session on Tuesday, April 6, which was agreed to.
Rep. TOWNSEND moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3787 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE THE SENECA HIGH SCHOOL "LADY CATS" VARSITY BASKETBALL TEAM OF OCONEE COUNTY ON WINNING THE 1999 CLASS AAA STATE BASKETBALL CHAMPIONSHIP.
H. 3794 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE COACHES AND MEMBERS OF THE WARDLAW ACADEMY LADY PATRIOTS BASKETBALL TEAM OF EDGEFIELD COUNTY ON WINNING THEIR THIRD CONSECUTIVE SCISAA CHAMPIONSHIP.
H. 3795 (Word version) -- Reps. Neilson, Lucas and J. Hines: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. HARMON BALDWIN OF DARLINGTON FOR HIS MANY YEARS OF LEADERSHIP AND PUBLIC SERVICE IN THE DEVELOPMENT OF PARKS, RECREATION, AND THE TOURISM INDUSTRY IN DARLINGTON COUNTY AND THE PEE DEE REGION, AND TO EXTEND BEST WISHES FOR HIS CONTINUED SUCCESS ON THE OCCASION OF HIS RETIREMENT.
H. 3796 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ONE OF LEE COUNTY'S FINEST CITIZENS, MISS HALLIE MAE BYRD WHO PASSED AWAY ON FRIDAY, MARCH 5, 1999.
H. 3797 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING DR. SYLVIA POOLE SWINTON OF RICHLAND COUNTY ON BEING HONORED BY THE ALLEN UNIVERSITY BOOSTERS NETWORK DURING ITS ALUMNI BANQUET ON APRIL 3, 1999.
H. 3800 (Word version) -- Reps. Moody-Lawrence, Young-Brickell, Delleney, Kirsh, McCraw, Meacham and Simrill: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE COACHES AND MEMBERS OF THE CLINTON JUNIOR COLLEGE GOLDEN BEARS MEN'S BASKETBALL TEAM FOR WINNING THE REGION TEN BASKETBALL TOURNAMENT.
At 11:15 A.M. the House in accordance with the motion of Rep. ROBINSON adjourned in memory of Dr. William J. Goudelock of Easley, to meet at 10:00 A.M. tomorrow in Local Session.
This web page was last updated on Friday, June 26, 2009 at 9:26 A.M.