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:
Eternal God, to this altar of prayer we come in our limitations asking for Your wisdom and strength. Give us this day to use the day before us as we ought. Forbid that any one of us should stain the possibility of this day or darken its potential by any deed or decision unworthy of the best. Undergird these servants of the State who face numerous problems. Upon all who are in positions of leadership and influence may Your benediction rest. Direct us, we pray, for the fulfilling of Your purposes. 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. TAYLOR moved that when the House adjourns, it adjourn in memory of Jeff Allen of Laurens, which was agreed to.
The following was received.
Ms. Sandra K. McKinney
Clerk of the House
P.O. Box 11867
Columbia, SC 29211
Dear Ms. McKinney,
This is to notify you that Representative James H. Lucas was elected to fill the vacancy of the First Vice Chairman of the Agriculture, Natural Resources and Environmental Affairs Committee on April 13, 1999.
Sincerely
Charles R. Sharpe
Received as information.
The following was received from the Senate:
Columbia, S.C., April 7, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3188 and asks for a Committee of Conference and has appointed Senators Bryan, Ravenel and Hutto of the Committee of Conference on the part of the Senate.
H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Very respectfully,
President
Whereupon, the Chair appointed Reps. KNOTTS, TOWNSEND and MARTIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3798 (Word version) -- Reps. Bailey, Barfield, Allen, Allison, Altman, Askins, Bales, Battle, Beck, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Gamble, Gourdine, Gilham, Hamilton, Harris, Harrell, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, J. Smith, F. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 40-11-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL AND MECHANICAL CONTRACTORS' LICENSURE, SO AS TO PROVIDE THAT ON RENEWAL A GENERAL CONTRACTOR BIDDING AND PERFORMING ON JOBS NOT EXCEEDING A SPECIFIED AMOUNT MAY SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT WITH AN AFFIDAVIT OF ACCURACY INDICATING A CERTAIN REQUIRED NET WORTH, RATHER THAN REQUIRING A CERTIFIED PUBLIC ACCOUNTANT TO PREPARE THE FINANCIAL STATEMENT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3716 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR BUILDING CERTIFICATIONS, SO AS TO PROVIDE THAT APPEALS MUST BE MADE TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-120, AS AMENDED, RELATING TO VARIANCE ORDERS, SO AS TO REPLACE REFERENCES TO THE MODULAR BUILDINGS BOARD OF APPEALS WITH REFERENCES TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-130 RELATING TO LOCAL ENFORCEMENT OF THE PROVISIONS OF CHAPTER 43, TITLE 23, BY LOCAL BUILDING OFFICIALS, SO AS TO DELETE A PROVISION DESIGNATING ALTERNATIVE SOURCES FOR ENFORCEMENT IN LOCALITIES WITH NO BUILDING OFFICIAL; TO AMEND SECTION 23-43-150, AS AMENDED, RELATING TO LICENSING SELLERS OF MODULAR BUILDING UNITS, SO AS TO MAKE LICENSURE BIENNIAL, AND TO DELETE PROVISIONS RELATING TO FEES BEING ESTABLISHED BY THE BUILDING CODES COUNCIL AND TO THE ADDRESS TO WHICH THE LICENSE MUST BE SENT; AND TO REPEAL SECTION 23-43-140 RELATING TO EXAMINATIONS BY THE BUILDING CODES COUNCIL OF MODULAR BUILDINGS UPON COMPLAINT RELATING TO VIOLATIONS OF REGULATIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3715 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 6-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF CERTIFICATES OF REGISTRATION FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THESE CERTIFICATES ARE VALID FOR THE PERIOD STIPULATED BY REGULATION RATHER THAN FOR ONE YEAR; TO AMEND SECTIONS 6-9-50 AND 6-9-60, BOTH AS AMENDED, BOTH RELATING TO MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO REVISE WHICH CODES AND STANDARDS MUST BE ADOPTED AND TO DELETE A PROVISION RELATING TO CERTAIN CODES TAKING PRECEDENCE OVER OTHER CODES; AND TO AMEND SECTION 38-7-35, RELATING TO FUNDING OF TRAINING AND EDUCATION PROGRAMS FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REPORT ON THE USE OF SUCH FUNDS EVERY JULY FIFTEENTH RATHER THAN JANUARY FIFTEENTH.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3581 (Word version) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: A BILL TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. SHARPE for the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments.
Rep. T. BROWN for the minority, submitted an unfavorable report on:
H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Rodgers, Riser, Miller, Breeland, Campsen, Beck, Altman, Seithel, M. McLeod, Harrell, Ott, Cobb-Hunter, Inabinett and Whatley: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 50-21-175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REDESIGNATE SECTION 50-13-990 AS SECTION 50-21-180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 50-5-130, 50-13-190, 50-13-320, 50-13-530, 50-13-700, 50-13-735, 50-13-770, 50-13-795, 50-13-800, 50-13-805, 50-13-815, 50-19-320, AND 50-19-330 OF THE 1976 CODE; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3591 (Word version) -- Reps. Koon, R. Smith, Sharpe and Riser: A JOINT RESOLUTION TO PROVIDE FOR A THREE-YEAR PILOT PROGRAM IN ALL GAME ZONES OF THE STATE TO SHORTEN THE HUNTING SEASON FOR RACCOONS TO A PERIOD FROM THANKSGIVING DAY THROUGH MARCH 1; TO ALLOW HUNTING WITH DOGS ONLY FOR THE REMAINDER OF THE YEAR; AND TO IMPOSE A MINIMUM FINE OF FIVE HUNDRED DOLLARS FOR A PERSON VIOLATING THESE PROVISIONS, WITH EIGHTY PERCENT OF THE FINE RETAINED BY THE DEPARTMENT OF NATURAL RESOURCES AND USED FOR LAW ENFORCEMENT AND TWENTY PERCENT OF THE FINE FORWARDED TO THE APPROPRIATE GAME FUND IN THE COUNTY IN WHICH THE VIOLATION OCCURRED.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 712 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THOMAS SIDNEY BASS, HEAD FOOTBALL COACH OF SENECA HIGH SCHOOL ON THE OCCASION OF HIS RETIREMENT AND ON BEING NAMED THE 1999 RECIPIENT OF THE DISTINGUISHED COACH AWARD FROM THE SOUTH CAROLINA FOOTBALL COACHES ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 713 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO HONOR MRS. MARY M. LAW FOR HER 41 YEARS OF DEDICATED, LOYAL SERVICE TO THE SOUTH CAROLINA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3913 (Word version) -- Reps. Cato, Bailey, Riser, Cooper, Quinn, Tripp, G. Brown, Wilkins, Kirsh and H. Brown: A BILL TO AMEND SECTION 12-36-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "STORAGE" AND "USE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT AND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO CLARIFY THAT THE SOUTH CAROLINA SALES AND USE TAX DOES NOT APPLY TO THE DISTRIBUTION OF DIRECT MAIL ADVERTISING MATERIALS WHICH ARE DISTRIBUTED IN THIS STATE BY ANY PERSON ENGAGED IN THE BUSINESS OF PROVIDING COOPERATIVE DIRECT MAIL ADVERTISING.
Referred to Committee on Ways and Means
H. 3914 (Word version) -- Reps. Cato, Hayes and Mason: A BILL TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND CANCELLATION OF INSURANCE CONTRACTS, SO AS TO PROVIDE FOR A PRO-RATA COMPUTATION OF THE GROSS UNEARNED PREMIUM TO BE RETURNED, AND PROVIDE THAT, IN THE EVENT A PREMIUM IS SUBJECT TO AN AUDIT TO DETERMINE THE FINAL PREMIUM AMOUNT, THE GROSS UNEARNED PREMIUM MUST BE CALCULATED UPON THE DEPOSIT PREMIUM AND THE INSURER SHALL RETURN TO THE PREMIUM SERVICE COMPANY, FOR THE INSURED'S ACCOUNT, THE GROSS UNEARNED PREMIUM BASED UPON THE DEPOSIT PREMIUM AMOUNT.
Referred to Committee on Labor, Commerce and Industry
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Beck Bowers Breeland Brown H. Brown J. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harris Harrison Haskins Hawkins Hayes Hines J. Hines M. Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mason McCraw McGee McKay McLeod W. McMahand Meacham Miller Ott Parks Phillips Rhoad Riser Robinson Rodgers Sandifer Scott Sharpe Simrill Smith D. Smith F. Smith R. Stille Taylor Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 14.
Harry Askins George Bailey Ralph Canty Daniel Cooper Greg Delleney Grady Brown Jerry Govan Robert Harrell Alex Harvin Shirley Hinson Leon Howard James Smith Larry Koon Steve Lanford James Law E.B. "Mac" McLeod David Mack Jesse Maddox Becky Martin Bessie Moody-Lawrence Joseph Neal Denny Neilson Clementa Pinckney Richard Quinn Rex Rice Todd Rutherford Lynn Seithel Robert Sheheen Ronald Townsend Jackson Whipper Timothy Wilkes William Witherspoon
STATEMENT OF ATTENDANCE
Reps. WHIPPER and T. BROWN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 13.
Announcement was made that Dr. Jim McCoy of Charleston 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. 3420 (Word version)
Date: ADD:
04/06/99 ROBINSON
Bill Number: H. 3590 (Word version)
Date: ADD:
04/06/99 RISER
Bill Number: H. 3641 (Word version)
Date: ADD:
04/06/99 ALTMAN
Rep. WEBB presented to the House the Daniel High School Cross Country Team, the 1998 Class AAA State Champions, their coaches, support personnel and other school officials.
Rep. WEBB presented to the House the Daniel High School Football Team, the 1998 Class AAA Champions, their coaches, support personnel and other school officials.
Rep. WEBB presented to the House the Daniel High School Competitive Cheer Squad, the 1998 Class AAA Champions, their coaches, support personnel and other school officials.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
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.
H. 3824 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO EXAMINATIONS, LICENSES, TESTING, RECORDS, CERTIFICATION CHIROPRACTOR/PATIENT RELATIONSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3825 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO DEFINITION OF ORIENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2421, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3829 (Word version) -- Reps. Klauber, Carnell, Clyburn, W. McLeod, Parks, Stille, Taylor and Wilder: A BILL TO AMEND SECTION 43-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE GLEAMNS HUMAN RESOURCES COMMISSION, SO AS TO PROVIDE THAT COMMISSION MEMBERS MUST BE APPOINTED BY THE GOVERNING BODIES OF THE COUNTIES PARTICIPATING IN THE COMMISSION.
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 following Bill was taken up:
H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22270DC99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 7, Title 1 of the 1976 Code is amended by adding:
"Section 1-7-125. (A) No person may sue or recover from a firearms manufacturer, trade association, or dealer, or an ammunition manufacturer, trade association, or dealer ex delicto, for damages, abatement, or injunctive relief from any claims arising out of or resulting from the marketing, design, or lawful distribution and sale of firearms or ammunition to the public.
(B) As used in this Section:
(1) 'design' means the proper and intended operation of a firearm or ammunition whether or not the firearm or ammunition design could have incorporated additional operating features;
(2) 'lawful distribution and sale' means compliance with any applicable federal and state statutes or regulations governing the distribution and sale of firearms and ammunition;
(3) 'person' means the State of South Carolina, political subdivisions of the State, and individuals.
(c) Nothing in this section shall prohibit any person from bringing an action against a firearms or ammunition manufacturer, trade association, or dealer ex contractu for breach of contract or warranty, nor shall this Section prohibit a products liability action arising out of the malfunction or improper design of any device which results in personal injuries uncommon to the normal and intended functioning of a firearm or ammunition.
SECTION 2. This act takes effect upon approval of the Governor and applies to all cases and appeals pending on the effective date of the act." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
Rep. F. SMITH 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:
H. 3907 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO HOSPITALITY CABINETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HASKINS made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. LITTLEJOHN, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 3111 (Word version) -- Reps. Littlejohn and Rhoad: 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.
Rep. SCOTT asked unanimous consent to recall H. 3525 from the Committee on Judiciary.
Rep. HARRISON objected.
On motion of Rep. CATO, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs:
S. 679 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY REGARDING BUILDINGS, USE OF HAZARDOUS SUBSTANCES, EXPLOSIVES, SERVICE STATIONS, LIQUEFIED PETROLEUM GAS, TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, FIRE EXTINGUISHERS, LOCAL DETENTION FACILITIES, AND PROXIMATE AUDIENCE PYROTECHNICS DESIGNATED AS REGULATION DOCUMENT NUMBER 2410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PSD\AMEND\7277AC99), which was adopted.
Amend the bill, as and if amended, Section 2-10-25, page 1, line 29 by deleting / and is irrevocable / so when amended, Section 2-20-25 reads:
"Section 2-20-25. A person serving in an office elected by the General Assembly who is not seeking reelection must give written notice to the joint committee to review candidates for that office of his decision not to seek reelection. The notice must be given not less than thirty days before the last date for filing for that office. If the notice is given less than thirty days before the last date for filing for that office, the joint committee may reopen or extend, as appropriate, the time period for filing for the office. For purposes of this subsection, 'person serving in an office elected by the General Assembly' includes a person serving in office as an appointee to an unexpired term." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
Reps. PHILLIPS, GAMBLE, INABINETT and LITTLEJOHN proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9194SOM99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
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 Brown G. Brown H. Brown T. Campsen Carnell Cato Chellis Clyburn Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Hawkins Hayes Hines J. Hines M. Hinson Howard Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin Mason McCraw McGee McKay McLeod W. Meacham Moody-Lawrence Ott Parks Phillips Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Simrill Smith D. Smith F. Smith J. Smith R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Whatley Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Brown J.
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20495HTC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 6-1-530(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand."
SECTION 2. Section 6-1-730(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY explained the amendment.
Rep. CAMPSEN spoke in favor of the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. KELLEY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Battle Breeland Brown G. Brown T. Emory Harvin Hines J. Hines M. Howard Kennedy Kirsh Koon Lourie Mack Martin McGee McLeod W. Meacham Miller Moody-Lawrence Ott Parks Pinckney Rutherford Simrill Smith J. Wilder Wilkes
Those who voted in the negative are:
Allen Allison Altman Bales Barfield Barrett Beck Bowers Brown H. Brown J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hinson Jennings Keegan Kelley Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lucas Mason McCraw McKay McLeod M. McMahand Neilson Phillips Quinn Rhoad Rice Robinson Sandifer Seithel Sharpe Sheheen Smith D. Smith F. Smith R. Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bailey Bales Barrett Battle Beck Bowers Brown G. Brown H. Brown J. Carnell Cato Clyburn Cooper Cotty Dantzler Davenport Delleney Edge Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Jennings Keegan Kelley Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Martin Mason McCraw McKay McLeod M. McMahand Miller Neilson Parks Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Smith D. Smith F. Smith R. Stille Taylor Townsend Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Askins Brown T. Emory Harvin Kennedy Kirsh Koon Lourie Lucas McGee McLeod W. Meacham Moody-Lawrence Ott Pinckney Simrill
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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.
Reps. CARNELL and PARKS proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20561DJC99), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, on page 3500-1 by striking /eight years/ on line 31 and inserting /two years/;
Amend the report further, as and if amended, IN SECTION 7-13-75 as contained on page 3500-2 by striking /eight years/ on line 2 and inserting /two years/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Barfield Barrett Battle Beck Bowers Brown H. Campsen Chellis Cotty Dantzler Davenport Delleney Emory Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Keegan Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lucas Martin Mason McCraw McGee McKay McMahand Meacham Neilson Ott Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith F. Smith J. Smith R. Taylor Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bales Breeland Brown G. Brown J. Brown T. Carnell Cobb-Hunter Gourdine Govan Harris Hines J. Hines M. Inabinett Lloyd Mack Maddox McLeod M. McLeod W. Miller Parks Pinckney Rutherford Scott Stille Townsend Wilder
So, the amendment was tabled.
Reps. CARNELL and PARKS proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\20561DJC99), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, on page 3500-1 by striking /eight years/ on line 31 and inserting /four years/;
Amend the report further, as and if amended, IN SECTION 7-13-75 as contained on page 3500-2 by striking /eight years/ on line 2 and inserting /four years/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. F. SMITH spoke against the amendment.
Rep. FLEMING moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Barrett Beck Bowers Brown H. Campsen Chellis Dantzler Delleney Emory Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Loftis Lucas Mason McCraw McMahand Meacham Rhoad Rice Riser Rodgers Sandifer Sharpe Sheheen Simrill Smith F. Smith J. Smith R. Taylor Tripp Trotter Vaughn Walker Whipper Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Bales Brown G. Brown J. Carnell Edge Gourdine Harris Harvin Hayes Hines M. Kennedy Lloyd Lourie Mack Maddox McLeod M. McLeod W. Parks Phillips Scott Stille Wilder
So, the amendment was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Barfield Barrett Battle Beck Bowers Brown G. Brown H. Brown J. Brown T. Carnell Chellis Cooper Cotty Dantzler Delleney Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines J. Hines M. Hinson Inabinett Jennings Keegan Kelley Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Neilson Ott Parks Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith F. Smith J. Smith R. Townsend Tripp Trotter Vaughn Walker Webb Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
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.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20560HTC99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. That portion of Section 34-11-60(D) preceding item (1) of the 1976 Code, as last amended by Act 235 of 1996, is further amended to read:
" (d) The word 'credit' as used in this section means securing further advances of money, goods, or services by means of a check, draft, or other written order, given in whole or in part payment of a then existing account. Payment for meals, lodging, or other goods or services at any a hotel, motel, or other hostelry by means of a check, draft, or other written order at any time prior to before or upon departure or checkout from the hostelry must be construed as is obtaining those goods or services by means of such a check, draft, or other written order for the purposes of this section. This section applies to a check given in full or partial payment of any preexisting debt. This section does not apply to any check given only in full or partial payment of a preexisting debt unless given to satisfy a preexisting debt which resulted from a revolving credit account which is not a consumer credit transaction as defined in Section 37-1-301(11), to the giving of any a check, draft, or other written order where if:"/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bales Barfield Barrett Battle Beck Bowers Brown H. Brown T. Campsen Chellis Cooper Cotty Dantzler Davenport Delleney Edge Emory Fleming Gamble Gilham Gourdine Harrell Harris Harrison Haskins Keegan Knotts Koon Lanford Leach Lee Limehouse Lourie Lucas Martin Mason McCraw McLeod W. Moody-Lawrence Neilson Phillips Quinn Rice Riser Rodgers Sandifer Seithel Simrill Smith F. Smith J. Smith R. Taylor Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Pinckney
So, the Bill, as amended, was read the second time and ordered to third reading.
Having stepped out of the chambers momentarily I did not vote on H. 3547. I wish the record to reflect I would have voted yes, in favor of the bill.
Rep. MIKE EASTERDAY
I wish the record to reflect that I would have voted yes, in favor of the Bill.
Rep. HERB KIRSH
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3131 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
S. 412 (Word version) -- Senators Glover, Saleeby, Land, McGill and Leatherman: A JOINT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN FLORENCE, SOUTH CAROLINA, IN HONOR OF DR. MARTIN LUTHER KING, JR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
S. 629 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
S. 630 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCEPTABLE CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2387, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
S. 628 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:
H. 3915 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE HOLLY HILL-ROBERTS HIGH SCHOOL BOYS 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 CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Holly Hill-Roberts High School boys 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 Class AAA State Championship in boys basketball.
The Resolution was adopted.
On motion of Rep. OTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3916 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS STUDENT ASSOCIATION TO USE THE HOUSE CHAMBER ON TUESDAY, SEPTEMBER 21, 1999, FOR ITS MEETING AND CONFERENCE.
Be it resolved by the House of Representatives:
That the South Carolina Independent Schools Student Association may use the chamber of the House of Representatives on Tuesday, September 21, 1999, for its meeting and conference. If the House is in statewide session, the chamber may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the South Carolina Independent Schools Student Association for the use of the chamber.
The Resolution was adopted.
The following was introduced:
H. 3917 (Word version) -- Reps. Harvin, Gamble, H. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, 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 TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THE PALMETTO STATE'S MOST PROMINENT AND RESPECTED LEADERS, THE HONORABLE JOSEPH ROGERS, JR., OF CLARENDON COUNTY, A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES.
Whereas, the members of the General Assembly were saddened to learn of the death of former Representative Joseph Rogers, Jr., of Clarendon County on April 6, 1999, at the age of seventy-seven; and
Whereas, born in Mullins on October 8, 1921, he was the son of Joseph Oscar Rogers and Lila McDonald Rogers; and
Whereas, he was a 1938 graduate of Charleston High School and attended the College of Charleston; and
Whereas, Representative Joseph Rogers' education was interrupted by World War II, during which he served in the 758th Engineer Company, Seventh Army, in Northern Africa and Southern France; and
Whereas, upon his return from serving his country with distinction during World War II, he attended the Citadel and graduated from the University of South Carolina School of Law in 1950; and
Whereas, Representative Rogers was a member of the South Carolina House of Representatives from 1954 until 1966, where he served as Vice-Chairman of the Ways and Means Committee; and
Whereas, he served as a delegate to the Republican National Convention in 1968, and as United States District Attorney for South Carolina from 1969 until 1971; and
Whereas, Representative Rogers was frequently appointed as a Special Circuit Court Judge, was a member of the South Carolina Commission of Higher Education, was a Director of the Bank of Clarendon, and a member of the Clarendon County Development Board; and
Whereas, he was awarded the Order of the Palmetto by both Governors Edwards and Beasley; and
Whereas, Representative Rogers was a member of St. Peter's Masonic Lodge #54 in Manning; and
Whereas, he was a member of the Manning United Methodist Church where he served as Chairman of the Administrative Board, Lay Leader, Sunday School teacher, Lay Delegate to the Annual Conference, and was elected as a delegate to the Methodist Jurisdictional Conference in 1968; and
Whereas, surviving are his wife, the former Kathleen Brown of Hemingway, two sons, Rev. Timothy J. and Joseph O., III, and one daughter, Pamela R. Melton; and
Whereas, Representative Rogers' death represents a tremendous loss to the State of South Carolina, and we want the members of his family and many friends to know they are uppermost in our thoughts and prayers during this difficult time. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina extend their deepest sympathy to the family and many friends of one of the Palmetto State's most prominent and respected leaders, the Honorable Joseph Rogers, Jr., former member of the South Carolina House of Representatives.
Be it further resolved that copies of this resolution be presented to the family of Joseph Rogers, Jr., and to his longtime law partner, Marion S. Riggs, Esquire, of Manning, South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3918 (Word version) -- Reps. Neal and Bales: A CONCURRENT RESOLUTION TO CONGRATULATE THE DIAMONDS OF LOWER RICHLAND HIGH SCHOOL OF RICHLAND COUNTY ON WINNING THE STATE AND REGIONAL 1999 CLASS AAAA BOYS BASKETBALL CHAMPIONSHIPS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3919 (Word version) -- Reps. Vaughn, Allison, F. Smith, Cato, Davenport, Easterday, Hamilton, Haskins, Hawkins, Lanford, Leach, Lee, Littlejohn, Loftis, McMahand, Rice, D. Smith, Tripp, Walker and Wilkins: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD TWO NEW AREAS TO THE TERRITORY OF THE AUTHORITY.
On motion of Rep. VAUGHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3920 (Word version) -- Rep. Altman: A JOINT RESOLUTION TO REQUIRE A BINDING REFERENDUM TO BE PLACED ON THE BALLOT OF CHARLESTON COUNTY AT THE GENERAL ELECTION OF 2000 REQUIRING VOTERS TO CHOOSE WHETHER THE CHARLESTON COUNTY PUBLIC SCHOOL SYSTEM MUST BE GOVERNED BY INDEPENDENT COMMUNITY SCHOOL DISTRICTS OR BY A CENTRALIZED COUNTYWIDE SCHOOL BOARD.
Referred to Committee on Charleston Delegation
H. 3921 (Word version) -- Reps. Howard, Rodgers, Govan, Bales, Breeland, Clyburn, Dantzler, Gourdine, Inabinett, Knotts, Lloyd, Mack, Martin, Moody-Lawrence and R. Smith: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROHIBIT SMOKING IN THE STATE HOUSE AND THE BLATT AND GRESSETTE LEGISLATIVE OFFICE BUILDINGS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3922 (Word version) -- Reps. Davenport, Bales, J. Brown, Cato, Chellis, Cooper, Edge, Hamilton, Kelley, Leach, Lee, Littlejohn, Lloyd, Neilson, Ott, Sandifer, Seithel, D. Smith, Tripp, Vaughn, Witherspoon and Young-Brickell: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL STATUS OF CHILDREN, BY ADDING SUBARTICLE 2 TO ENACT THE PARENTAL RIGHTS AND RESPONSIBILITIES ACT, SO AS TO ESTABLISH THE RIGHTS OF PARENTS IN DIRECTING THE UPBRINGING OF THEIR CHILDREN, TO PROHIBIT THE STATE FROM INTERFERING IN THIS RIGHT, TO ALLOW A PARENT TO RAISE A VIOLATION OF THIS SUBARTICLE AS A CLAIM OR DEFENSE, TO PROVIDE FOR ATTORNEY'S FEES WHEN A PARENT PREVAILS, AND TO EXEMPT CERTAIN ACTIONS BETWEEN PARENTS.
Referred to Committee on Judiciary
H. 3923 (Word version) -- Reps. Gilham, Sharpe, Allison, Altman, H. Brown, Campsen, Davenport, Easterday, Harrell, Haskins, Leach, Limehouse, Loftis, Lucas, Martin, Rice, Rodgers, Taylor, Townsend, Tripp, Vaughn and Walker: A BILL TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR A LEGITIMATE NONPOLITICAL REASON, SO AS TO REQUIRE THE CANDIDATE WHO WITHDRAWS FOR A LEGITIMATE NONPOLITICAL REASON TO PRESENT CERTIFIABLE PROOF OR EVIDENCE TO THE APPROPRIATE ELECTION COMMISSION WHICH MUST BE CLEAR AND CONVINCING IN ORDER FOR THE COMMISSION TO GRANT THE SUBSTITUTION OF A CANDIDATE.
Referred to Committee on Judiciary
On motion of Rep. NEAL, with unanimous consent, the following was taken up for immediate consideration:
H. 3924 (Word version) -- Reps. Neal and Bales: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BASKETBALL TEAM, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF LOWER RICHLAND HIGH SCHOOL OF RICHLAND COUNTY, ON A DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1999 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the basketball team, coaches, support personnel, and officials of Lower Richland High School of Richland County, on a date and at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1999 Class AAAA state basketball championship.
The Resolution was adopted.
Rep. RODGERS moved that the House do now adjourn, which was agreed to.
At 11:45 A.M. the House in accordance with the motion of Rep. TAYLOR adjourned in memory of Jeff Allen of Laurens, to meet at 10:00 A.M. tomorrow.
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