South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 570 . . . . . Wednesday, February 3, 1999

Wednesday, February 3, 1999
(Statewide Session)

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:

Make these moments sacred, Lord God, as we pause at this wayside altar of prayer. Accept our love and loyalty as we recognize You as "the Giver of every good and perfect gift." In our sophisticated age it is easy to put our trust in the inventions of humankind. In this age of mechanical wonders, of automatic devices, of clever gadgets, save us from regarding the boastful display of these as being of ultimate importance. Instead let us make our supreme endeavor be to keep our honor untarnished, our promises sacredly kept, and our spiritual verities lifted high above self-centered materialism. Lord, in Your mercy, hear this our prayer. 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.

MOTION ADOPTED

Rep. RODGERS moved that when the House adjourns, it adjourn in memory of Margaret "Peggy" Burnley Wymond Verity of Beaufort, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 196 (Word version) -- Senators Courson, Giese, Leventis, McGill and Hayes: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE HAROLD L. MILLER, TO ADDRESS THE


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GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 24, 1999.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3288 (Word version) -- Rep. Inabinett: A BILL TO RATIFY AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

On motion of Rep. HARRIS, with unanimous consent, the following was taken up for immediate consideration:

H. 3426 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 1999, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and


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Whereas, the winners of the 1999 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 1999 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly invite the winners of the 1999 Jean Laney Harris Folk Heritage Awards and the members of the 1999 Jean Laney Harris Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 21, 1999, and that the members of the General Assembly recognize and commend the 1999 Jean Laney Harris Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 381 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE BEACH BY RECOGNIZING IT AS THE CHILDREN'S MUSEUM OF MYRTLE BEACH, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3427 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO


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CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3428 (Word version) -- Rep. Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-112-25 SO AS TO PROVIDE THAT ANY BUSINESS WHOSE PRINCIPAL OFFICE IS LOCATED IN SOUTH CAROLINA WHICH REQUIRES ITS EMPLOYEES TO ATTEND CONTINUING EDUCATION COURSES AT STATE INSTITUTIONS AND WHICH PAYS FOR SUCH COURSES FOR ITS EMPLOYEES IS ENTITLED TO PAY IN-STATE TUITION RATES FOR COST OF THESE COURSES WHETHER OR NOT THE EMPLOYEES ATTENDING ARE DOMICILED IN THIS STATE.
Referred to Committee on Education and Public Works

H. 3429 (Word version) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 4, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. WALKER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3430 (Word version) -- Reps. Rodgers, Knotts, Clyburn, Gourdine, McGee, McKay, Woodrum, Lloyd, Ott, Townsend and Gilham: A BILL TO AMEND SECTION 56-5-2585, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF DISABLED VETERANS FROM PAYMENT OF MUNICIPAL PARKING METER FEES, SO AS TO INCLUDE PURPLE HEART RECIPIENTS IN THE EXEMPTION.
Referred to Committee on Education and Public Works


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H. 3431 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 40-30-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWAL FOR MASSAGE/BODYWORK THERAPISTS SO AS TO EXEMPT LICENSEES WHO HAVE PRACTICED IN THE STATE FOR TWENTY-FIVE YEARS OR MORE FROM CONTINUING EDUCATION REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3432 (Word version) -- Reps. Campsen, Altman, Limehouse and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL HUNTING AND FISHING PROVISIONS, BY ADDING SECTION 50-11-13 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY BIRDS WITH A SHOTGUN CAPABLE OF HOLDING MORE THAN THREE SHELLS, UNLESS IT IS PLUGGED WITH A ONE-PIECE FILLER THAT IS INCAPABLE OF REMOVAL WITHOUT DISASSEMBLING THE GUN, SO ITS TOTAL CAPACITY DOES NOT EXCEED THREE SHELLS; TO DEFINE "DISASSEMBLING THE GUN" FOR THE PURPOSES OF THIS SECTION AND FOR LAW ENFORCEMENT PURPOSES IN THIS STATE; AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3433 (Word version) -- Reps. Campsen, D. Smith, Davenport, Harrison, Sharpe, Altman and Barrett: A BILL TO AMEND CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING SECTION 41-1-110 SO AS TO ENACT THE "WORKERS' FREEDOM OF CONSCIENCE ACT", INCLUDING PROVISIONS FOR CRIMINAL OFFENSES AND PENALTIES.
Referred to Committee on Labor, Commerce and Industry

H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE


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THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON DEPARTMENT GUIDELINES AND TO PROVIDE AN EXCEPTION; AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3435 (Word version) -- Reps. Knotts, Kelley, Keegan, Stuart, Howard, Lloyd and Riser: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.
Referred to Committee on Labor, Commerce and Industry


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H. 3436 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTIONS 9-1-1620 AND 9-11-15, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT ALLOWANCE OPTIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM, SO AS PROSPECTIVELY TO DELETE THE OPTION ALLOWING THE ADVANCEMENT TO THE RETIREE OF AN AMOUNT FOR INCLUSION IN THE RETIREE'S MONTHLY ALLOWANCE EQUIVALENT TO THE RETIREE'S ESTIMATED SOCIAL SECURITY BENEFIT.
Referred to Committee on Ways and Means

H. 3437 (Word version) -- Reps. Vaughn, Loftis, Leach, Easterday, Phillips, Young-Brickell, M. McLeod, Gilham, Lanford, Seithel, Rice, Simrill, Walker, Harrison, Lucas, Campsen, Delleney, Mason, Govan, Barrett, Keegan, Hamilton, Trotter, Haskins, Beck, R. Smith, Cato, Robinson, Quinn, Rodgers and Moody-Lawrence: A BILL TO AMEND SECTION 12-37-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO ALLOW AN ADDITIONAL UNREIMBURSED HOMESTEAD EXEMPTION FROM MUNICIPAL TAXES FOR PROPERTY RECEIVING THE STATEWIDE HOMESTEAD EXEMPTION ALLOWED ON THE DWELLINGS OF PERSONS WHO HAVE ATTAINED AGE SIXTY-FIVE OR WHO ARE PERMANENTLY AND TOTALLY DISABLED, SO AS TO EXTEND THIS AUTHORITY TO ALL POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS.
Referred to Committee on Ways and Means

H. 3438 (Word version) -- Reps. Bales, Neal, Scott, Clyburn, Gilham, G. Brown, Neilson, Inabinett, Cobb-Hunter, Bailey, Howard, Kennedy, Gourdine, J. Smith, Koon, J. Hines, Rutherford, M. Hines, Cotty, Parks, Knotts, Carnell, Taylor, T. Brown, Rodgers, Harrison, Harris, Riser, Harvin, Mack, Breeland, Keegan, Harrell, M. McLeod, Lourie, Ott and Chellis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT AN AMOUNT OF FAIR MARKET VALUE OF REAL PROPERTY SUFFICIENT TO LIMIT TO FIFTEEN PERCENT INCREASES IN THE VALUE OF SUCH PROPERTY ATTRIBUTABLE TO COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAMS,


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TO EXCLUDE IMPROVEMENTS FROM THE EXEMPTION, TO PROVIDE THAT THE EXEMPTION IS NOT TRANSFERRED WITH THE PROPERTY, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Ways and Means

H. 3439 (Word version) -- Rep. Altman: A BILL TO REQUIRE THAT THE ANNUAL COLLEGE FOOTBALL GAME BETWEEN CLEMSON UNIVERSITY AND THE UNIVERSITY OF SOUTH CAROLINA MUST BE CALLED THE SOUTH CAROLINA THANKSGIVING BOWL AND PLAYED ON THANKSGIVING DAY ON A HOME AND HOME BASIS, BEGINNING AT CLEMSON IN THE YEAR 2000.
Referred to Committee on Ways and Means

H. 3440 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 40-11-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THRESHOLD CONSTRUCTION COSTS REQUIRING LICENSURE AS A GENERAL CONTRACTOR OR MECHANICAL CONTRACTOR SO AS TO INCREASE THE THRESHOLD FROM FIVE THOUSAND DOLLARS TO FORTY-FIVE THOUSAND DOLLARS FOR GENERAL CONTRACTORS AND FROM FIVE THOUSAND DOLLARS TO THIRTY-FIVE THOUSAND DOLLARS FOR MECHANICAL CONTRACTORS.
Referred to Committee on Labor, Commerce and Industry

H. 3441 (Word version) -- Reps. Cooper, Klauber, Stille, Trotter and Cato: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SONS OF CONFEDERATE VETERANS.
Referred to Committee on Education and Public Works

H. 3442 (Word version) -- Reps. Cooper, Klauber, Cato, Trotter, Hawkins and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB, INTERFERE, OR REMOVE


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MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS AND PROVIDE A PENALTY.
Referred to Committee on Judiciary

H. 3443 (Word version) -- Reps. Barfield, Witherspoon, Keegan, Edge and Kelley: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING SECTION 50-21-134 SO AS TO ESTABLISH A NO WAKE ZONE ON SPECIFIED PORTIONS OF THE WACCAMAW RIVER.
Rep. BARFIELD asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SIMRILL objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell and Quinn: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVERALL DEBT LIMIT ON STATE INSTITUTION BONDS.
Rep. CARNELL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. EASTERDAY objected.
Referred to Committee on Ways and Means

S. 332 (Word version) -- Senator Jackson: A BILL TO RATIFY AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.
On motion of Rep. HARRISON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 352 (Word version) -- Senator Moore: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE


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THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
Referred to Committee on Judiciary

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.
Referred to Committee on Education and Public Works

S. 322 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
On motion of Rep. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 294 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR AS WELL AS TO THE GENERAL ASSEMBLY.
Referred to Committee on Medical, Military, Public and Municipal Affairs


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S. 1 - POINTS OF ORDER

Rep. QUINN raised Points of Order on the introduction of the following Joint Resolution:

S. 1 (Word version) -- Senators Passailaigue, McConnell, Ford, O'Dell, Elliott, Branton, Hutto and Glover: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT THE NET REVENUE DERIVED FROM THE LOTTERIES BE USED SOLELY TO SUPPORT IMPROVEMENTS AND ENHANCEMENTS TO EDUCATION PURPOSES AND PROGRAMS AS PROVIDED FOR BY THE GENERAL ASSEMBLY, AND FURTHER PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII, SO AS TO PROHIBIT THE OPERATION OF A VIDEO GAME WITH A FREE PLAY FEATURE.

POINT OF ORDER

Rep. QUINN raised a Point of Order that in accordance with Article III, Section 17 the Joint Resolution violated the provision requiring a single subject in the Joint Resolution.

SPEAKER WILKINS overruled the Point of Order and stated that the substance of the Resolution was reflected in the amended title. He stated further that Article III, Section 17 does not apply to Constitutional Amendments.

POINT OF ORDER
RULING AT A LATER POINT IN TIME BY SPEAKER

Rep. QUINN raised a Point of Order that in accordance with Article 16, Section 1 that the question presented in the Resolution did not properly reflect the substance of the Constitutional Amendment.
SPEAKER WILKINS stated that he would render a ruling at a later point in time.

CONCURRENT RESOLUTION

The following was introduced:

H. 3444 (Word version) -- Rep. Altman: A CONCURRENT RESOLUTION TO REQUIRE THAT, WHEN THE SENATE AND THE HOUSE OF REPRESENTATIVES MEET IN JOINT ASSEMBLY, THE


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PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE SHALL PRESIDE AND DISCHARGE THE DUTIES OF THE PRESIDING OFFICER OF THE JOINT ASSEMBLY ON AN ALTERNATING BASIS.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.

HOUSE RESOLUTION

On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:

H. 3446 (Word version) -Reps. Chellis, Young-Brickell and Bailey: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" FOOTBALL TEAM FOR AN UNDEFEATED AND EXCEPTIONAL SEASON IN 1998 AND FOR WINNING THE DIVISION 1-AAAA STATE FOOTBALL CHAMPIONSHIP, AND TO HONOR HEAD COACH AND ATHLETIC DIRECTOR JOHN MCKISSICK ON HIS 459 CAREER VICTORIES AS A HIGH SCHOOL FOOTBALL COACH AND TO PROVIDE THAT THE TEAM, COACHES, AND SCHOOL OFFICIALS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 18, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.

Whereas, the Summerville High School "Green Wave" Football Team clinched the 1998 Division 1-AAAA State Football Championship with a dramatic 31-23 victory over Gaffney High School before 25,000 excited spectators at Williams Brice Stadium in Columbia and a statewide television audience on December 5, 1998; and

Whereas, the "Green Wave" was undefeated in the regular football season, finishing with an outstanding 15-0 record; and

Whereas, while this was their first state football championship since 1986, it was Summerville's twelfth state championship overall, their tenth under Coach John McKissick, and the fifth undefeated team he has coached at Summerville; and


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Whereas, the Summerville "Green Wave" was honored by being selected as Number 21 in the Super 25 Nationwide High School Final Football Rankings of USA Today newspaper and chosen Number 9 in the South Regional Rankings; and

Whereas, this impressive level of competition and excellence could not have been accomplished without the leadership and guidance of Head Coach John McKissick, and his able staff of eight assistant coaches, athletic trainer, and equipment manager; and

Whereas, Coach John McKissick is legendary in South Carolina athletic history as he has been a high school coach for forty-seven seasons since 1952, and with the victories achieved by this 1998 championship team he has amassed 459 career wins; and

Whereas, he is a proven motivator and has had an impact on the lives of hundreds of young men; and

Whereas, Coach McKissick has been called "the winningest coach in the world"; and

Whereas, the countless hours of practice, hard work, and sacrifices certainly reflect the Summerville High School team's determination to be the best that they could be; and

Whereas, while achieving an undefeated season was truly a whole team effort, there are a number of players with outstanding individual statistics: Bernard Rambert, Jonathan Smalls, and Jason Dennis, running backs; Nick Spearman, quarterback; linebacker Travis Mazyck; defensive backs, Malume Green and Quinn Tolbert; Reggie Williams, Preston Thorne, and Joe Washington on defense; punter and kicker Joey Bowers and field goal kicker, Ryan Bowers; and

Whereas, the success of the 1998 Summerville High School Football Team has brought great pride and recognition not only upon Dorchester County, but also to the Palmetto State; and


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Whereas, the members of the House of Representatives would like to publicly recognize and congratulate each player, each coach and staff member, the school officials, and especially Coach John McKissick upon the conclusion of a truly memorable season. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina hereby congratulate the Summerville High School "Green Wave" Football Team for an undefeated and exceptional season in 1998 and for winning the Division 1-AAAA state football championship, and honor Head Coach and Athletic Director John McKissick on his 459 career victories as a high school football coach.

Be it further resolved that the team, coaches, and school officials shall be granted the privilege of the floor of the House of Representatives on Thursday, February 18, 1999, at a time to be determined by the Speaker for the purpose of being recognized and congratulated.

Be it further resolved that a copy of this resolution be forwarded to Coach John McKissick and Principal Earl Lovelace.
The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Hawkins                Hayes
Hines J.               Hines M.               Hinson

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Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Lanford                Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith D.
Smith F.               Smith J.               Smith R.
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 3.

Bill Cotty                          Joseph Neal

Total Present--113

LEAVE OF ABSENCE

The SPEAKER granted Rep. CAMPSEN a leave of absence for today and tomorrow to represent the South Carolina General Assembly at the National Prayer Breakfast in Washington, D. C.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LAW a leave of absence for today and tomorrow.


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LEAVE OF ABSENCE

The SPEAKER granted Rep. STILLE a leave of absence for yesterday and the remaining two weeks due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 3046 (Word version)
Date:     ADD:
02/03/99   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3108 (Word version)
Date:     ADD:
02/03/99   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3108 (Word version)
Date:     ADD:
02/03/99   HINSON


Printed Page 586 . . . . . Wednesday, February 3, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3135 (Word version)
Date:     ADD:
02/03/99   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3135 (Word version)
Date:     ADD:
02/03/99   EASTERDAY

CO-SPONSOR ADDED

Bill Number:   H. 3135 (Word version)
Date:     ADD:
02/03/99   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3153 (Word version)
Date:     ADD:
02/03/99   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3154 (Word version)
Date:     ADD:
02/03/99   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
02/03/99   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
02/03/99   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3157 (Word version)
Date:     ADD:
02/03/99   HINSON


Printed Page 587 . . . . . Wednesday, February 3, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3157 (Word version)
Date:     ADD:
02/03/99   KNOTTS

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
02/03/99   MADDOX

CO-SPONSOR ADDED

Bill Number:   H. 3209 (Word version)
Date:     ADD:
02/03/99   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3233 (Word version)
Date:     ADD:
02/03/99   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   LIMEHOUSE

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   BECK

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   M. MCLEOD


Printed Page 588 . . . . . Wednesday, February 3, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   G. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   KNOTTS

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   RISER

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   KOON

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   STUART

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   WILDER

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   CARNELL


Printed Page 589 . . . . . Wednesday, February 3, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   BARRETT

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   D. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   CATO

CO-SPONSOR ADDED

Bill Number:   H. 3379 (Word version)
Date:     ADD:
02/03/99   GOVAN

CO-SPONSOR ADDED

Bill Number:   H. 3153 (Word version)
Date:     ADD:
02/03/99   GOVAN


Printed Page 590 . . . . . Wednesday, February 3, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3242 (Word version)
Date:     ADD:
02/03/99   J. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3242 (Word version)
Date:     ADD:
02/03/99   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   ALLISON

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/03/99   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 3263 (Word version)
Date:     ADD:
02/03/99   J. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3263 (Word version)
Date:     ADD:
02/03/99   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3080 (Word version)
Date:     ADD:
02/03/99   LOURIE


Printed Page 591 . . . . . Wednesday, February 3, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3122 (Word version)
Date:     ADD:
02/03/99   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3123 (Word version)
Date:     ADD:
02/03/99   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3108 (Word version)
Date:     ADD:
02/03/99   SEITHEL

CO-SPONSOR ADDED

Bill Number:   H. 3175 (Word version)
Date:     ADD:
02/03/99   GOVAN

CO-SPONSOR ADDED

Bill Number:   H. 3175 (Word version)
Date:     ADD:
02/03/99   NEAL

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION AND MAINTENANCE OF GOLF COURSES AS A PERMITTED ACTIVITY OF THE DISTRICT.

H. 3412 (Word version) -- Reps. Davenport, Hawkins, Walker, Allison, D. Smith, Littlejohn and Lee: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT OF SPARTANBURG COUNTY, SO AS TO INCREASE


Printed Page 592 . . . . . Wednesday, February 3, 1999

THE FIRE CONTROL BOARD FROM FIVE TO SEVEN MEMBERS.

H. 3062 (Word version) -- Rep. Kirsh: A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-140 SO AS TO AUTHORIZE A STATE AGENCY TO ESTABLISH, COLLECT, AND RETAIN A FINE TO COVER THE COST OF COLLECTING A DISHONORED CHECK.

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

S. 407 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 18, 1998, MISSED BY STUDENTS OF BUENA VISTA ELEMENTARY IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

OBJECTION TO RECALL

Rep. BAILEY asked unanimous consent to recall H. 3415 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. COOPER objected.

H. 3443--RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. SIMRILL, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

H. 3443 (Word version) -- Reps. Barfield, Witherspoon, Keegan, Edge and Kelley: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING SECTION


Printed Page 593 . . . . . Wednesday, February 3, 1999

50-21-134 SO AS TO ESTABLISH A NO WAKE ZONE ON SPECIFIED PORTIONS OF THE WACCAMAW RIVER.

OBJECTION TO RECALL

Rep. CATO asked unanimous consent to recall S. 399 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SCOTT objected.

S. 197--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 197 (Word version) -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO DECLARE JANUARY 16, 1999, AS THE CHILDREN'S CENTER FOR CANCER AND BLOOD DISORDERS AT PALMETTO RICHLAND MEMORIAL HOSPITAL DAY IN SOUTH CAROLINA.

Whereas, the incidence of cancer and other life threatening blood disorders is an unfortunate reality for many children in our State; and

Whereas, there is a great need for a quality research facility and medical treatment so that these children and their families may be equipped to face the challenges that a diagnosis of cancer or blood disorders can bring; and

Whereas, the nationally recognized Children's Center for Cancer and Blood Disorders at Palmetto Richland Memorial Hospital has established itself as a model treatment facility; and

Whereas, the Children's Center for Cancer and Blood Disorders recognizes the anxiety and stress a diagnosis of cancer or blood disorders can bring to a patient and family; and

Whereas, these issues can be addressed through a variety of counseling and support services provided by the Children's Center for Cancer and Blood Disorders such as Camp Kemo, Lasting Impressions, and Hugs and Family Weekend, thereby providing hope which is the key ingredient to patients and families in the treatment process; and


Printed Page 594 . . . . . Wednesday, February 3, 1999

Whereas, the unparalleled level of treatment and service provided by the physicians, nurses, and staff has resulted in a long term survival rate of eighty percent; and

Whereas, the Children's Center for Cancer and Blood Disorders will be celebrating its twenty-year anniversary on January 16, 1999, in order to recognize the childhood cancer survivors as well as remembering the patients who succumbed to cancer; and

Whereas, the citizens of the State of South Carolina are blessed and indeed fortunate to have a treatment facility of the reputation and caliber found at the Children's Center for Cancer and Blood Disorders at Palmetto Richland Memorial Hospital and wish to acknowledge and applaud their efforts and dedication to duty. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That January 16, 1999, be declared the Children's Center for Cancer and Blood Disorders of Palmetto Richland Memorial Hospital Day in the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Children's Center for Cancer and Blood Disorders at Palmetto Richland Memorial Hospital.
The Concurrent Resolution was adopted and ordered sent to the Senate.

H. 3336--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3336 (Word version) -- Reps. M. Hines, McGee, McKay, J. Hines and Askins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN THE CITY OF FLORENCE IN HONOR OF DR. MARTIN LUTHER KING, JR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.


Printed Page 595 . . . . . Wednesday, February 3, 1999

Whereas, Dr. Martin Luther King, Jr. was born in Atlanta, Georgia, on January 15, 1929, and became one of the world's most well-known, respected, and revered advocates of nonviolent social change; and

Whereas, Dr. King delivered his famous "I Have a Dream" oration on August 28, 1963, and the following year he was the recipient of the Nobel Peace Prize and was named Time Magazine's Man of the Year; and

Whereas, Dr. King was tragically assassinated on April 4, 1968, in Memphis, Tennessee, while seeking to assist a garbage workers' strike; and

Whereas, Dr. King continues to be revered by many for his martyrdom and undying effort on behalf of nonviolence to unite blacks and whites in the United States; and

Whereas, it is appropriate and fitting to name the Church Street Bridge, which serves as a connector between the African-American and Caucasian communities in the City of Florence, in honor of Dr. Martin Luther King, Jr. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly requests the Department of Transportation to name the Church Street Bridge between West Darlington Street and East Cheves Street in the City of Florence in honor of Dr. Martin Luther King, Jr. and to erect appropriate markers or signs reflecting this designation.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.

H. 3397--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3397 (Word version) -- Reps. Phillips and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION INSTALL ELECTRONIC TRAFFIC SIGNALS


Printed Page 596 . . . . . Wednesday, February 3, 1999

AT THREE LOCATIONS IN CHEROKEE COUNTY BY JULY 1, 1999.

Be it resolved by the House of Representatives, the Senate concurring:

That the Department of Transportation is requested to install electronic traffic signals at the following intersections in Cherokee County by July 1, 1999:

(1)   Filter Plant Road and United States Highway 29;

(2)   South Carolina Highway 31 (Overbrook Drive) and Secondary Highway 11-171 (West Buford Street); and

(3)   North Logan Street and Secondary Highway 11-24 (Third Street).

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. RICE.

H. 3108 -- AMENDED AND ORDERED TO THIRD READING, POINT OF ORDER

The following Bill was taken up:

H. 3108 (Word version) -- Reps. Wilkins, Knotts, Altman, Inabinett, Stuart, Leach, R. Smith, Witherspoon, Hamilton, Simrill, Campsen, Klauber, Sandifer, Vaughn, Law, Hawkins, Harrison, Keegan, D. Smith, Kirsh, Wilder, Robinson, Askins, Woodrum, Phillips, Harrell, Lucas, Barrett, Young-Brickell, Hinson, Bailey, Allison, Cato, Walker, Mason, Rodgers, Gilham, Maddox, Rhoad, Meacham, Littlejohn, Rice and Seithel: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET


Printed Page 597 . . . . . Wednesday, February 3, 1999

OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH

Printed Page 598 . . . . . Wednesday, February 3, 1999

PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE COMPOSITIOIN OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE CONTENTS OF ITS ANNUAL REPORT; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.


Printed Page 599 . . . . . Wednesday, February 3, 1999

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22134CM99), which was adopted.
Amend the bill, as and if amended, Section 16-2-30(F) as contained in Section 1, by inserting after the period on line 1, Page 7:
/ The defendant must be put under oath to testify regarding the accuracy of his prior criminal record at the time of sentencing. The State may move to reconsider a defendant's sentence within one hundred eighty days of sentencing if it can be proven that the defendant willfully provided false information regarding his prior criminal record to the court. False information provided by the defendant under oath may be considered an aggravating circumstance and may provide cause for deviating upward from the recommended sentencing guidelines sentence. /
When amended, Section 16-2-30(F) shall read:

/ "   (F)   The sentencing scoresheet and prior record form must be initially scored by the solicitor's office and completed in final form at the court's discretion. A copy of the sentencing scoresheet and prior record form must be provided to the defendant's attorney, or to the defendant if he is not represented by counsel, before submission to the court. The defendant must be put under oath to testify regarding the accuracy of his prior criminal record at the time of sentencing. The State may move to reconsider a defendant's sentence within one hundred eighty days of sentencing if it can be proven that the defendant willfully provided false information regarding his prior criminal record to the court. False information provided by the defendant under oath may be considered an aggravating circumstance and may provide cause for deviating upward from the recommended sentencing guidelines sentence. Each solicitor's office in the State will be allocated sufficient resources from the General Assembly's annual appropriations act to comply with this act. The sentencing scoresheet and prior record form must be made a part of the record, and a copy must be sent by the solicitor to the South Carolina Sentencing Guidelines Commission within ninety days of sentencing." /
Amend the bill further, as and if amended, by adding the following appropriately numbered section:

/ "SECTION ______. Chapter 1, Title 25 of the 1976 Code is amended by adding:

Article 25
Military Confinement


Printed Page 600 . . . . . Wednesday, February 3, 1999

Section 25-1-3300. This article is known and may be cited as the South Carolina Truth in Military Confinement Act.

Section 25-1-3310. Military personnel subject to the Code of Military Justice as provided in this title who are sentenced to a period of confinement pursuant to a general, special, or summary court martial for a criminal or other offense which has been passed upon by the appropriate reviewing authority shall serve the full term of the confinement for which early release for any portion shall not be granted for any reason." /
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.
The amendment was then adopted.

Reps. JENNINGS and KNOTTS proposed the following Amendment No. 2 (Doc Name BBM\AMEND\10081SOM99), which was tabled.
Amend the bill, as and if amended on line 35 of page 11, by adding an additional item to Section 16-2-70(A) as contained in SECTION 1, to read:

/ (10)   The defendant intentionally selects the victim or the property that is damaged or otherwise affected by the crime, in whole or in part, because of the defendant's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin, or ancestry of that victim or the owner or occupant of that property, whether or not that perception was correct./
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.

POINT OF ORDER

Rep. T. BROWN raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. JENNINGS continued speaking.
Rep. HAWKINS moved to table the amendment.


Printed Page 601 . . . . . Wednesday, February 3, 1999

Rep. KLAUBER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 80; Nays 28

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Barrett                Bauer
Beck                   Brown H.               Brown J.
Cato                   Chellis                Cooper
Dantzler               Davenport              Delleney
Edge                   Emory                  Fleming
Gamble                 Gilham                 Hamilton
Harrell                Harrison               Hawkins
Hinson                 Howard                 Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Martin                 Mason
McCraw                 McGee                  McKay
McLeod M.              McMahand               Meacham
Moody-Lawrence         Neal                   Ott
Parks                  Phillips               Pinckney
Quinn                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith F.               Smith J.
Smith R.               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Webb                   Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--80

Those who voted in the negative are:

Allen                  Battle                 Bowers
Breeland               Brown G.               Brown T.
Carnell                Clyburn                Cobb-Hunter
Cotty                  Gourdine               Govan
Harris                 Harvin                 Hayes

Printed Page 602 . . . . . Wednesday, February 3, 1999

Hines J.               Hines M.               Inabinett
Jennings               Kennedy                Mack
Maddox                 McLeod W.              Miller
Neilson                Whipper                Wilder
Wilkes

Total--28

So, the amendment was tabled.

RECORD FOR VOTING

I was out of the chamber during a roll call vote on Amendment No. 2. Had I been present I would have voted against the amendment on hate crimes being included. I do not support hate crimes legislation.
Rep. MICHAEL E. EASTERDAY

Rep. JENNINGS explained the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.

Rep. JENNINGS continued speaking.
Rep. GOVAN spoke against the Bill.

ACTING SPEAKER CATO IN CHAIR

Rep. GOVAN continued speaking.

SPEAKER IN CHAIR

Rep. GOVAN continued speaking.

Rep. GOVAN moved to adjourn debate on the Bill until Wednesday, February 10.

Rep. HARRISON moved to table the motion.

Rep. SCOTT demanded the yeas and nays, which were taken, resulting as follows:

Yeas 86; Nays 26


Printed Page 603 . . . . . Wednesday, February 3, 1999

Those who voted in the affirmative are:
Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Beck                   Brown H.
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Gamble                 Gilham
Hamilton               Harrell                Harris
Harrison               Harvin                 Hawkins
Hayes                  Hinson                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod M.              McLeod W.
Meacham                Miller                 Neilson
Ott                    Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith F.               Smith J.
Smith R.               Stuart                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--86

Those who voted in the negative are:

Bowers                 Breeland               Brown G.
Brown J.               Brown T.               Canty
Carnell                Clyburn                Cobb-Hunter
Emory                  Gourdine               Govan
Hines J.               Hines M.               Howard
Lloyd                  Mack                   McMahand
Moody-Lawrence         Neal                   Parks

Printed Page 604 . . . . . Wednesday, February 3, 1999

Pinckney               Rutherford             Scott
Whipper                Wilkes

Total--26

So, the motion to adjourn debate was tabled.

Rep. RUTHERFORD spoke against the Bill.
Rep. HOWARD spoke against the Bill.
Rep. PINCKNEY spoke against the Bill.

Rep. HOWARD moved that the House do now adjourn.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken, resulting as follows:

Yeas 32; Nays 78

Those who voted in the affirmative are:

Bowers                 Breeland               Brown J.
Brown T.               Canty                  Clyburn
Cobb-Hunter            Davenport              Delleney
Emory                  Gourdine               Govan
Hines J.               Hines M.               Howard
Inabinett              Kennedy                Lee
Lloyd                  Mack                   McLeod M.
McLeod W.              McMahand               Moody-Lawrence
Neal                   Parks                  Pinckney
Rutherford             Scott                  Smith F.
Whipper                Wilkes

Total - 32

Those who voted in the negative are:

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Brown G.               Brown H.
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Fleming
Gamble                 Gilham                 Hamilton

Printed Page 605 . . . . . Wednesday, February 3, 1999

Harris                 Harrison               Harvin
Hayes                  Hinson                 Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Lanford
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
Meacham                Miller                 Neilson
Ott                    Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith D.
Smith J.               Smith R.               Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--78

So, the House refused to adjourn.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 82; Nays 30

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Bauer                  Beck
Bowers                 Brown H.               Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gilham                 Hamilton
Harrell                Harris                 Harrison
Harvin                 Hawkins                Hayes
Jennings               Keegan                 Kelley

Printed Page 606 . . . . . Wednesday, February 3, 1999

Kirsh                  Klauber                Knotts
Koon                   Lanford                Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod M.
McLeod W.              Meacham                Neilson
Ott                    Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith D.
Smith J.               Smith R.               Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--82

Those who voted in the negative are:

Battle                 Breeland               Brown G.
Brown J.               Brown T.               Canty
Carnell                Clyburn                Cobb-Hunter
Davenport              Gourdine               Govan
Hines J.               Hines M.               Howard
Inabinett              Kennedy                Lee
Lloyd                  Mack                   McMahand
Miller                 Moody-Lawrence         Neal
Parks                  Pinckney               Rutherford
Scott                  Sheheen                Smith F.

Total--30

So, the Bill, as amended, was read the second time and ordered to third reading.

Rep. HOWARD moved that the House do now adjourn, which was agreed to.


Printed Page 607 . . . . . Wednesday, February 3, 1999

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3424 (Word version) -- Rep. Rodgers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF MR. JAMES RICHARD "DICK" WATERS OF BEAUFORT, SOUTH CAROLINA.

ADJOURNMENT

At 1:23 P.M. the House in accordance with the motion of Rep. RODGERS adjourned in memory of Margaret "Peggy" Burnley Wymond Verity of Beaufort, to meet at 10:00 A.M. tomorrow.

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