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 our fathers and our God today, keep us steadfast through times of temptation and through happy times. We thank You for every patriot whose life has blessed this great State and our beloved Nation, for all who have served and those who now serve with competence and character. When new directions, greater exertions and new disciplines are required, show us the way with a clarity transcending human insight. Unite this Legislature with the Governor to serve with such purity of purpose as befits Your will and wishes. Unto our God "eternal, immortal, invisible...be honor and glory ever and ever." 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. HAYES moved that when the House adjourns, it adjourn in memory of Ellen Foster of Dillon, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 526 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory and Peeler: A BILL TO AMEND SECTIONS 41-31-390, AS AMENDED, AND 41-31-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO WARRANTS OF EXECUTION FOR THE COLLECTION OF DEFAULT PAYMENTS OWED TO THE SOUTH CAROLINA EMPLOYMENT SECURITY
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3455 (Word version) -- Reps. Lloyd, Clyburn, Parks, J. Hines, Scott, Bales, Taylor, Rutherford and M. Hines: A BILL TO AMEND SECTION 56-1-3350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO REVISE THE AGE OF A PERSON WHO MAY APPLY FOR A SPECIAL IDENTIFICATION CARD.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3720 (Word version) -- Rep. Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-65 SO AS TO PROVIDE THAT IN THE EVENT THE STATE OF SOUTH CAROLINA DETERMINES BY LAW OR OTHERWISE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM AND ITS FUND SHOULD BE DISCONTINUED AND ALL TUITION PREPAYMENT CONTRACTS CANCELED, CONTRIBUTORS SHALL BE ENTITLED TO A REFUND OF ALL PAYMENTS TO THE FUND PLUS INTEREST ON THESE CONTRIBUTIONS AT THE RATE OF FOUR PERCENT PER
The following was taken up for immediate consideration:
H. 4131 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE J. L. MANN HIGH SCHOOL PATRIOTS BOYS SOCCER TEAM ON TUESDAY, MAY 25, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED BY THE HOUSE OF REPRESENTATIVES FOR WINNING THE CLASS AAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the J. L. Mann High School Patriots Boys Soccer Team, on Tuesday, May 25, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and honored by the House of Representatives for winning the Class AAA State Championship.
The Resolution was adopted.
The following was introduced:
H. 4132 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE THE J. L. MANN HIGH SCHOOL PATRIOTS SOCCER TEAM OF GREENVILLE ON WINNING THE 1999 CLASS AAA BOYS STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4133 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO PLACE THE HONORABLE JAMES H. HODGES, GOVERNOR, ON ALL OFFICIAL SIGNS ERECTED BY THE DEPARTMENT ALONG THE STATE'S HIGHWAYS WHICH WELCOME MOTORISTS TO THE STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 827 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JOHN B. RHODES FOR HIS YEARS OF SERVICE TO HIGHER EDUCATION AND BUSINESS GROWTH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 828 (Word version) -- Senator Russell: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA SPARTANBURG RIFLES MEN'S SOCCER TEAM FOR ITS OUTSTANDING 1998 SEASON AND RECORD OF ACCOMPLISHMENTS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 829 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION CONGRATULATING JACKIE MOORE McNEILL OF
The Senate sent to the House the following:
S. 830 (Word version) -- Senators Glover, Cork and Short: A CONCURRENT RESOLUTION TO COMMEND NANCY RUTH MACE OF GOOSE CREEK FOR HER LEADERSHIP, EXEMPLARY CONDUCT, AND OUTSTANDING ACHIEVEMENTS WHILE A CADET AT THE CITADEL, THE MILITARY COLLEGE OF SOUTH CAROLINA; TO CONGRATULATE NANCY RUTH MACE ON BECOMING THE FIRST FEMALE CADET TO GRADUATE FROM THE CITADEL AND FOR GRADUATING MAGNA CUM LAUDE; TO RECOGNIZE NANCY RUTH MACE AS THE CADET WHO SET THE STANDARD TO BE EMULATED BY ALL OTHER FEMALES WHO BECOME MEMBERS OF THE SOUTH CAROLINA CORPS OF CADETS; AND TO FURTHER RECOGNIZE NANCY RUTH MACE AS THE PROTOTYPE OF THE CITADEL WOMAN, AND A GENUINE SOURCE OF PRIDE TO HER ALMA MATER, TO SOUTH CAROLINA, AND TO WOMEN EVERYWHERE, AS SHE TAKES HER PLACE IN THE CITADEL'S DISTINGUISHED LONG GRAY LINE AS THE FIRST FEMALE CADET TO GRADUATE FROM THIS WORLD RENOWNED MILITARY COLLEGE.
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. 4134 (Word version) -- Reps. Inabinett, Witherspoon, Sharpe, Riser, Edge, Kennedy, Bailey, Bales, Barfield, Breeland, Campsen, Canty, Clyburn, Dantzler, Emory, Harrison, J. Hines, Keegan, Limehouse, Littlejohn, Lloyd, Mack, McCraw, M. McLeod, McMahand, Moody-Lawrence, J.M. Neal, Ott, Phillips and Stille: A BILL TO AMEND CHAPTER 3, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON LIABILITY FOR LANDOWNERS TO ENCOURAGE THEM TO MAKE THEIR
H. 4135 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4139 (Word version) -- Reps. Barrett and Townsend: A BILL TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO ESTABLISH AN "S" ENDORSEMENT WHICH AUTHORIZES A PERSON TO DRIVE DEPARTMENT OF EDUCATION SCHOOL BUSES OR SCHOOL DISTRICT OWNED ACTIVITY BUSES.
Referred to Committee on Education and Public Works
S. 821 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2430, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 4136 (Word version) -- Reps. Carnell, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, 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, J.M. 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 EXPRESSING SORROW AT THE DEATH OF MRS. ALVA DUNBAR TAYLOR OF LEXINGTON COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
Whereas, Alva Dunbar Taylor of Gilbert, Lexington County, died May 9, 1999, at the age of ninety-six; and
Whereas, Mrs. Taylor was born in Lexington County and was a member of Boiling Springs United Methodist Church and a charter member of the Boiling Springs United Methodist Women; she was the widow of Ligon Taylor and the mother of The Honorable Lois T. Shealy, the former Clerk of the House of Representatives and the former Assistant Clerk; and
Whereas, Mrs. Taylor was an admired and beloved member of her community and will be missed greatly; and
Whereas, we want her family and many friends to know that they have our deepest sympathy and are uppermost in our thoughts. Now, therefore,
That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of Mrs. Alva Dunbar Taylor of Lexington County and extend deepest sympathy to her family and many friends.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Taylor's family, in care of The Honorable Lois T. Shealy of Gilbert.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4137 (Word version) -- Reps. Edge and H. Brown: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO REVISE PROVISIONS OF THE BALANCED BUDGET ACT OF 1997 RELATED TO AN INTERIM PAYMENT SYSTEM AND TO PROVIDE FOR THE DEVELOPMENT OF CERTAIN AMENDMENTS OR CHANGES IN RULES FOR MEDICARE HOME HEALTH CARE BENEFICIARIES TO IMPROVE THEIR SITUATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4138 (Word version) -- Rep. Askins: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 41-51 IN FLORENCE COUNTY AND WILLIAMSBURG COUNTY AS THE "W. ODELL VENTERS HIGHWAY" IN HONOR OF THE HONORABLE W. ODELL VENTERS WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF FLORENCE WITH DISTINCTION AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR FIFTEEN YEARS; AND TO REQUEST THE DEPARTMENT TO ERECT
The following was introduced:
H. 4140 (Word version) -- Reps. T. Brown and Kennedy: A CONCURRENT RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HEMINGWAY MIDGETS BOYS BASKETBALL TEAM FOR WINNING THE 1998-99 STATE CHAMPIONSHIP IN THE STATE RECREATION AND PARKS ASSOCIATION BASKETBALL LEAGUE FOR BOYS FOURTEEN AND UNDER AND FOR WINNING THE JUNIOR HORNETS REGIONAL TOURNAMENT PUT ON BY THE CHARLOTTE HORNETS PROFESSIONAL BASKETBALL ORGANIZATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4141 (Word version) -- Reps. T. Brown, Kennedy and Harvin: A CONCURRENT RESOLUTION TO EXTEND THE ENTHUSIASTIC CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE GREELEYVILLE MITES GIRLS BASKETBALL TEAM FOR WINNING THE 1998-99 STATE CHAMPIONSHIP IN THE STATE RECREATION AND PARKS ASSOCIATION BASKETBALL LEAGUE FOR GIRLS TWELVE AND UNDER AND FOR PARTICIPATING WHOLEHEARTEDLY IN THE JUNIOR STING REGIONAL TOURNAMENT PUT ON BY THE CHARLOTTE STING WOMEN'S PROFESSIONAL BASKETBALL ORGANIZATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4142 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO CONGRATULATE JEFFREY SCOTT HOPKINS OF GREENVILLE UPON HIS SELECTION AS THE SOUTH CAROLINA GOVERNOR'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES 1999 STUDENT OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown G. Brown H. Brown J. Campsen 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 Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Neal Neal J.M. Neilson Ott Parks Phillips Pinckney Quinn
Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stille Stuart Taylor Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, May 20.
Donald Allen Ralph Canty Larry Koon H.B. "Chip" Limehouse Woodrow McKay Bessie Moody-Lawrence Ronald Townsend
LEAVE OF ABSENCE
The SPEAKER granted Rep. F. SMITH a leave of absence to appear in Federal Court.
The SPEAKER granted Rep. T. BROWN a leave of absence due to business reasons.
Reps. TOWNSEND, MOODY-LAWRENCE, JENNINGS and TROTTER signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 19.
Rep. COBB-HUNTER presented to the House the Holly Hill-Roberts High School Boys Basketball Team, the 1999 Class AAA Champions, their coaches, staff and other school officials.
Announcement was made that Dr. Del Schutte 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. 3860 (Word version)
Date: REMOVE:
05/20/99 WHATLEY
The following Bill and Joint Resolution were read the third time, passed and having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act and that they be enrolled for Ratification:
S. 749 (Word version) -- Senator Passailaigue: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE TO EXTEND INDIVIDUAL INCOME TAX RETURN AND INDIVIDUAL INCOME TAX PAYMENT DUE DATES FOR MILITARY PERSONNEL SERVING IN OPERATION ALLIED FORCE, TO PROVIDE FOR THE WAIVER OF PENALTIES AND INTEREST DURING THESE SPECIAL EXTENSIONS, AND TO SUSPEND
S. 814 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED, AND TO CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted:
H. 4089 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED, AND TO CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.
S. 177 (Word version) -- Senator Jackson: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGES TO THE STATE, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-687 SO AS TO DESIGNATE THE "SPIRITUAL" AS THE OFFICIAL MUSIC OF THE STATE.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3641 (Word version) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: A BILL TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE IMPOSITION OF A DEVELOPMENT IMPACT FEE BY A COUNTY OR MUNICIPALITY BY ORDINANCE; TO PROVIDE FOR AN ADVISORY COMMITTEE FOR RECOMMENDING, AND PROCEDURES FOR ADOPTING, LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES; TO PROVIDE FOR COMPUTATION OF THE PROPORTIONATE SHARE OF COSTS OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT; AND TO LIMIT THE USES OF THE REVENUE COLLECTED FROM A DEVELOPMENT IMPACT FEE TO APPLICATION TOWARD THE INCREASED COST OF SERVING NEW GROWTH AND DEVELOPMENT.
H. 3826 (Word version) -- Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
H. 3075 (Word version) -- Reps. Limehouse, Edge, Simrill and Emory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-485 SO AS TO REQUIRE THE SHERIFF TO PROVIDE WRITTEN NOTICE TO ALL RESIDENCES WITHIN
H. 4110 (Word version) -- Rep. Campsen: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO ESTABLISH A NO WAKE ZONE FROM NAUTICAL DAY MARKER NUMBER 125 AT COVE INLET TO THE WESTERNMOST TIP OF SULLIVAN'S ISLAND.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WITHERSPOON having the floor:
S. 528 (Word version) -- Senators Gregory, Waldrep, Ravenel and Hutto: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT THE "SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR
Reps. MCGEE, KIRSH, ROBINSON and DAVENPORT requested debate on the Bill.
Rep. W. MCLEOD moved to adjourn debate upon the following Bill, which was adopted:
S. 564 (Word version) -- Senators Courson, Giese, Jackson and Patterson: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING MIGRATORY WATERFOWL ON LAKE MURRAY, SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL, WITH OR WITHOUT THE LAND OWNER'S PERMISSION, WITHIN A FOUR HUNDRED FIFTY YARD RADIUS OF ANY LAND BORDERING THE WATERS OF LAKE MURRAY ON THE PORTION OF LAKE MURRAY LYING WITHIN THE BOUNDARIES OF RICHLAND COUNTY.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, May 25, which was adopted:
S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.
The following Bill was taken up:
H. 3086 (Word version) -- Rep. Wilder: A BILL TO AMEND SECTION 61-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF APPLICATION FOR BEER OR WINE PERMITS AND
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7522HTC99), which was adopted.
Amend the bill, as and if amended, by striking Section 61-6-180, as contained in SECTION 1, beginning on page 1, and inserting:
/ Section 61-6-180. (A) A person who intends to apply for a license under this article or Article 7 of this chapter must advertise at least once a week for three consecutive weeks in a South Carolina newspaper nearest to the proposed location of the business or in a South Carolina newspaper most likely to give notice to interested citizens of the county, city, or and community in which the applicant proposes to engage in business. The department must determine which newspapers meet the requirements of this section based on available audited circulation figures and the proposed location of the business. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must be in the legal notice section of the paper, be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for, and the exact location at which the proposed business is to be operated. An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department.
(B) Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(1) state the type of license sought;
(2) state where an interested person may protest the application;
(3) be in bold type;
(4) cover a space at least eleven twelve inches wide and eight and one-half eighteen inches high; and
(5) be posted and removed by an agent of the division.
The provisions of this section requiring publication of notice do not apply to a person licensed under the provisions of this article or Article 7 of this chapter when the licensee applies to the department for
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
Rep. FLEMING proposed the following Amendment No. 2 (Doc Name GGS\AMEND\22354CM99), which was ruled out of order.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION ____. Section 61-6-120(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(A) The department shall not grant or issue any license provided for in this article or Article 7 of this chapter, if the place of business is within three hundred feet of any church, school, child day-care facility, or playground situated within a municipality or within five hundred feet of any church, school, child day-care facility, or playground situated outside of a municipality. Such distance shall must be computed by following the shortest route of ordinary and legal pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, child day-care facility, or playground, which, as used herein in this section, shall be is defined as follows:
(1) 'church', an establishment, other than a private dwelling, where religious services are usually conducted;
(2) 'school', an establishment, other than a private dwelling, where the usual processes of education are usually conducted; and
(3) 'playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation; and
(4) 'child day-care facility', an establishment required to be licensed or registered pursuant to Subarticle 11, Article 13, Chapter 7 of Title 20, and includes such facilities for which licensing is voluntary.
The above restrictions do not apply to the renewal of licenses, and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department, or to new applications for locations if the church, school, child day-care facility, or playground moved within the prohibited distance while the location
Rep. FLEMING explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. FLEMING argued contra.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. EASTERDAY asked unanimous consent that H. 3086 (Word version) be read a third time tomorrow.
Rep. KELLEY objected.
The following Bill was taken up:
S. 373 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25, SO AS TO DEFINE THE WORD "RESIDENT" FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; AND TO AMEND THE CODE OF LAWS BY ADDING SECTION 7-5-325, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH.
THE JUDICIARY COMMITTEE proposed the following Amendment No. 1 (Doc Name PT\AMEND\1558DW99), which was adopted.
"Section 7-5-230. The boards of registration to be appointed under Section 7-5-10 shall be the judges of the legal qualifications of all applicants for registration. The board is empowered to require proof of these qualifications as it considers necessary.
Once a person is registered, challenges of the qualifications of any elector, except for challenges issued at the polls pursuant to Sections 7-13-810, 7-13-820, and 7-15-420 must be made in writing to the board of registration in the county of registration. The board must, within ten days following the challenge and after first giving notice to the elector and the challenger, hold a hearing, accept evidence, and rule upon whether the elector meets or fails to meet the qualifications set forth in Section 7-5-120.
When a challenge is made regarding the residence of an elector, the board may consider the following proof to establish residence including, but not limited to, income tax returns; real estate interests; mailing address; address on driver's license; official papers and documents requiring the statement of residence address; automobile registration; checking and savings accounts; past voting record; membership in clubs and organizations; location of personal property; and the elector's statements as to his intent.
Any person denied registration or restoration of his name on the registration books shall have the right of appeal from the decision of the board of registration denying him registration or such restoration to the court of common pleas of the county or any judge thereof and thence subsequently to the Supreme Court." /
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FLEMING asked unanimous consent that S. 373 (Word version) be read a third time tomorrow.
Rep. MOODY-LAWRENCE objected.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4128 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE SCOTIA PRECINCT FROM THE SCOTIA COMMUNITY HOUSE TO THE SCOTIA TOWN HALL.
Rep. BOWERS explained the Bill.
On motion of Rep. BOWERS, with unanimous consent, it was ordered that H. 4128 (Word version) be read the third time tomorrow.
Rep. SCOTT asked unanimous consent to recall H. 3197 (Word version) from the Committee on Judiciary.
Rep. FLEMING objected.
Rep. WALKER asked unanimous consent to recall H. 3750 (Word version) from the Committee on Ways and Means.
Rep. SHEHEEN objected.
On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
S. 739 (Word version) -- Senators McGill and Elliott: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, ARTICLE 3 SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO COMMUNITY DEVELOPMENT BOARD, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE ALLOCATION OF PRIVATE TRUST FUNDS AMONG TOBACCO GROWERS AND TOBACCO QUOTA HOLDERS; TO AMEND SECTION 1-23-10, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT THE BOARD FROM ITS SCOPE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE PROHIBITION AGAINST LEGISLATIVE MEMBERS SERVING ON STATE BOARDS AND COMMISSIONS, SO AS TO INCLUDE THE TOBACCO COMMUNITY DEVELOPMENT BOARD AS AN EXCEPTION TO THIS PROHIBITION, AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO ADD AS AN EXCEPTION THE ACTIONS OF THE TOBACCO COMMUNITY DEVELOPMENT BOARD.
Rep. WHIPPER asked unanimous consent to recall S. 372 (Word version) from the Committee on Judiciary.
Rep. SIMRILL objected.
The Senate amendments to the following Bill were taken up for consideration:
S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott and Peeler: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
Rep. WILKINS spoke against the Senate amendments.
Rep. COBB-HUNTER spoke in favor of the Senate amendments.
Rep. COBB-HUNTER continued speaking.
Rep. COBB-HUNTER continued speaking.
The SPEAKER PRO TEMPORE granted Rep. MCMAHAND a leave of absence to attend a funeral.
Rep. SCOTT spoke in favor of the Senate amendments.
Rep. HARRELL spoke against the Senate amendments.
Rep. D. SMITH spoke against the Senate amendments.
Rep. EASTERDAY spoke against the Senate amendments.
Rep. HOWARD moved cloture on the entire matter.
Those who voted in the affirmative are:
Altman Bowers Brown G. Harrison Inabinett Lee Lloyd Mack McLeod M. Moody-Lawrence Pinckney Quinn
Those who voted in the negative are:
Allen Allison Askins Bailey Bales Barfield Barrett Battle Beck Breeland Brown H. Brown J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harvin Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Jennings Keegan Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas Maddox Mason McCraw McGee McLeod W. Meacham Miller Neal Neal J.M. Neilson Ott Parks Phillips Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stille Stuart Taylor Townsend
Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, cloture was not ordered.
Rep. EASTERDAY continued speaking.
Rep. CARNELL spoke in favor of the Senate amendments.
Rep. KIRSH spoke against the Senate amendments.
Rep. STILLE spoke against the Senate amendments.
Rep. ROBINSON spoke against the Senate amendments.
Rep. LANFORD spoke against the Senate amendments.
Rep. JENNINGS spoke in favor of the Senate amendments.
Rep. KENNEDY spoke in favor of the Senate amendments.
Rep. EDGE spoke against the Senate amendments.
Rep. HASKINS spoke against the Senate amendments.
Rep. TOWNSEND spoke against the Senate amendments.
Rep. TOWNSEND continued speaking.
The question then recurred to concur or nonconcur in the Senate amendments.
Rep. R. SMITH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bowers
Breeland Brown G. Brown J. Canty Carnell Clyburn Cobb-Hunter Dantzler Delleney Emory Gamble Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Klauber Knotts Lee Lloyd Lourie Lucas Mack Maddox McCraw McLeod M. McLeod W. Miller Moody-Lawrence Neal J.M. Neilson Ott Parks Phillips Pinckney Rutherford Scott Seithel Smith J. Stuart Taylor Webb Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Beck Brown H. Campsen Cato Chellis Cooper Cotty Davenport Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin Mason McGee Meacham Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith D. Smith R. Stille Townsend Tripp Trotter
Vaughn Walker Wilkins Witherspoon Woodrum Young-Brickell
So, the Senate amendments were agreed to and the Bill 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.
I was temporarily out of the chamber at the time of the vote but would have voted in favor of concurrence.
Rep. Joe Neal
The Senate amendments to the following Bill were taken up for consideration:
H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.
Rep. ROBINSON moved to adjourn debate on the Senate amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3777 (Word version) -- Reps. R. Smith, Clyburn and Mason: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY BEGINNING WITH THE YEAR 1999, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED
Rep. CLYBURN proposed the following Amendment No. 1A (Doc Name DKA\AMEND\3543MM99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Notwithstanding any other provisions of law, a tax millage of up to 94 mills is authorized to be levied for the operations of the school district of Aiken County as determined by the governing board of the district. Beginning with the year 1999, and each year thereafter, the district may increase the millage above the millage levied in the preceding year as the governing board of the district determines is reasonable and necessary for the operations of the school district. /
Amend title to conform.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following was received.
Columbia, S.C., May 19, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3002:
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER
Very respectfully,
President
On motion of Rep. HASKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARRISON, HASKINS and DELLENEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 19, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 247:
S. 247 (Word version) -- Senators Leatherman, McGill and Elliott: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. KENNEDY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4080 (Word version) -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO THE CHIEF JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO THE CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000.
At 2:15 P.M. the House in accordance with the motion of Rep. HAYES adjourned in memory of Ellen Foster of Dillon, to meet at 10:00 A.M. tomorrow.
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