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


Printed Page 671 . . . . . Wednesday, February 10, 1999

Wednesday, February 10, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Our Father God, help us to meet this day's blessings with gratitude, its difficulties with fortitude, its duties with fidelity. Keep clear from us all jealousy and selfishness which spoil the sweet music of life. May we walk and work in the peace which the world can neither give nor take away, in the charity which thinks no evil, in the goodwill that bridges all chasms. Keep steadfast our faith in God even in test and trials, in frustrations and failures. Teach us the value of a conscience void of offense and the royalty of inward contentment above all the pedestals, prizes, and preferences this world can offer. Lord, in Your mercy, hear 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. HAYES moved that when the House adjourns, it adjourn in memory of Wayne Lyell, which was agreed to.

COMMITTEE APPOINTMENT

The following was received.

February 9, 1999
The Honorable Becky Meacham
5l9B Blatt Building
Columbia, S.C. 29211


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Dear Becky:
It is with pleasure that I appoint you to serve on the Ways and Means Committee, effective February 9, 1999. This appointment is to fill the vacancy which occurred when Representative Spearman resigned from the House of Representatives. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
I look forward to working with you in the coming year.

Sincerely,
David H. Wilkins
Speaker of the House

Received as information.

INVITATION

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

February 2, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Re: 1999 Legislative Conference Reception

Dear Rep. Quinn:

Enclosed is an invitation to the 1999 Legislative Conference Reception. Please let the other Members of the South Carolina House of Representatives know of the reception.

The South Carolina Association of Probate Judges cordially invites the Members of the South Carolina House of Representatives to the 1999 Legislative Conference Reception to be held on Tuesday, February 23, 1999 at 6:00 P.M. to 7:30 P.M. at the Embassy Suites in Columbia.

Sincerely yours,
Irvin G. Condon


Printed Page 673 . . . . . Wednesday, February 10, 1999

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2391
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Verification of Eligibility
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2392
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Application for Teaching Credential - Required
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2393
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Effective Date of Credential
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2394
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Requirements for Credential Advancement
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999


Printed Page 674 . . . . . Wednesday, February 10, 1999

Document No. 2395
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Types of Levels of Credential Classification
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2396
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Additional Areas of Licensure
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2397
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Renewal of Credentials
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2398
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Expired Licenses
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2399
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Foreign Applicants
February 3, 1999


Printed Page 675 . . . . . Wednesday, February 10, 1999

Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2400
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Computing Experience for Teachers
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2401
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Teaching Experience Acceptable for Credit
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2402
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Other Experience Acceptable for Credit
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

Document No. 2403
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Requirements for Additional Areas of Licensure
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999


Printed Page 676 . . . . . Wednesday, February 10, 1999

Document No. 2404
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Requirements for Initial Licensure at the Advanced Level
February 3, 1999
Received by Speaker of the House of Representatives February 9, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration June 9, 1999

REPORTS OF STANDING COMMITTEES

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

S. 429 (Word version) -- Senators McConnell, Courson, Passailaigue and Ford: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 17, 1999, AS "HUNLEY DAY" IN SOUTH CAROLINA.
Ordered for consideration tomorrow.

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

S. 413 (Word version) -- Senators Elliott, Saleeby, Peeler and Giese: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW WATEREE RIVER BRIDGE LOCATED ON UNITED STATES HIGHWAYS 1 AND 601 BETWEEN CAMDEN AND LUGOFF IN HONOR OF COMMISSIONER BOBBY T. JONES.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3030 (Word version) -- Reps. Allison, Edge, Robinson, Rodgers and Walker: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKEUP OF SCHOOL DAYS MISSED BECAUSE OF SNOW OR OTHER EXTREME WEATHER CONDITIONS, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY EXCUSE UP TO THREE


Printed Page 677 . . . . . Wednesday, February 10, 1999

SCHOOL DAYS MISSED BECAUSE OF SNOW OR OTHER EXTREME WEATHER CONDITIONS.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3096 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45 SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SALARY SUPPLEMENT OR OTHER CONSIDERATION ABOVE A SPECIFIED LIMIT FROM NONGOVERNMENTAL SOURCES EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE PENALITIES FOR VIOLATION.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3488 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF


Printed Page 678 . . . . . Wednesday, February 10, 1999

REPRESENTATIVES AT THE DEATH OF MRS. WILLIE RICHARDSON OF PENDLETON, THE LAST OF THE ORIGINAL NEGRO FAMILY SETTLERS OF THAT HISTORIC TOWN.
The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3489 (Word version) -- Reps. R. Smith, Beck, Clyburn, Mason, Sharpe and Sheheen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 421 CROSSING THE RAILROAD TRACKS IN THE TOWN OF BATH THE "WILLIAM HENRY 'BILLY' JONES BRIDGE" AND TO ERECT APPROPRIATE MARKERS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3490 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION SALUTING THE NATIONAL BETA CLUB, WHICH WAS FOUNDED IN LANDRUM IN SPARTANBURG COUNTY, ON ITS SIXTY-FIFTH ANNIVERSARY AND


Printed Page 679 . . . . . Wednesday, February 10, 1999

DECLARING THE WEEK OF MARCH 1-7, 1999, AS NATIONAL BETA CLUB WEEK.

Whereas, the National Beta Club was formed in Landrum in Spartanburg County on January 8, 1934, and is celebrating its sixty-fifth anniversary this year; and

Whereas, Landrum High School's Beta Club is the "mother chapter" of the national organization; and

Whereas, the national organization was established by the late Dr. John West Harris, a Spartanburg County native and later a professor at Wofford College; and

Whereas, before the year 1934 was over, nine chapters of the Beta Club were functioning; and

Whereas, in 1999, Beta Club chapters continue striving to promote leadership and good citizenship and to recognize and encourage academic success among high school students; and

Whereas, the National Beta Club, with its very high standards and worthy goals and, acting through its outstanding local chapters across the country, has had a truly positive impact on the success and accomplishments of our great nation for the past six and one-half decades; and

Whereas, the National Beta Club's celebration of its sixty-fifth birthday is an occasion highly deserving of recognition. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, salutes the National Beta Club, which was founded in Landrum in Spartanburg County, on its sixty-fifth anniversary and declares the week of March 1-7, 1999, as National Beta Club Week.

Be it further resolved that a copy of this resolution be forwarded to the National Beta Club in care of Mr. George W. Lockamy, Executive Director, 151 West Lee Street, Spartanburg, South Carolina 29306-3012.


Printed Page 680 . . . . . Wednesday, February 10, 1999

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3491 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF HOLLIS LAKES ROAD AND EBENEZER ROAD IN ROCK HILL IN YORK COUNTY BY JULY 1, 1999.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3492 (Word version) -- Reps. Lucas, Harris, J. Hines, Jennings and Neilson: A CONCURRENT RESOLUTION TO COMMEND, CONGRATULATE, AND HONOR PAT EARLE, AGRICULTURAL EDUCATION TEACHER AND FUTURE FARMERS OF AMERICA CHAPTER ADVISOR AT MCBEE HIGH SCHOOL, UPON BEING NAMED THE OUTSTANDING AGRICULTURAL EDUCATOR IN SOUTH CAROLINA FOR 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

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

H. 3493 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 18, 1999.

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

That Palmetto Boys State is authorized to use the chambers of the Senate and the House of Representatives on Friday, June 18, 1999, from 11:00 A.M. to 12:30 P.M. for its annual legislative activity. If


Printed Page 681 . . . . . Wednesday, February 10, 1999

either House is in statewide session, the chamber of that House may not be used.

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Boys State on these dates.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

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

H. 3494 (Word version) -- Reps. Cotty, Witherspoon, Rhoad, Hayes and Rodgers: A BILL TO AMEND SECTION 4-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF A COUNTY FURNISH CERTAIN COUNTY OFFICERS WITH OFFICE SPACE, FURNITURE, STATIONERY, AND OTHER INCIDENTALS NECESSARY TO CARRY OUT THE FUNCTION OF THAT OFFICE, SO AS TO ESTABLISH A PROCEDURE FOR SUBMITTING AN ANNUAL APPROPRIATIONS REQUEST FOR FUNDING REQUESTS BY AN ELECTED COUNTY OFFICER, TO DEFINE "ELECTED COUNTY OFFICER", AND PROVIDE THAT THE OFFICER SHALL EXERCISE AUTHORITY OVER HIS BUDGET ONCE IT IS ADOPTED AND TO PROVIDE WHEN AN OFFICER'S BUDGET MAY BE REDUCED, AND PROVIDE FOR RESOLUTION OF DISPUTES BETWEEN COUNTY COUNCILS AND OFFICERS.
Referred to Committee on Judiciary

H. 3495 (Word version) -- Rep. Davenport: A BILL TO AMEND ARTICLE 13, CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF ALCOHOLIC BEVERAGE CONTROL LAWS, BY ADDING SUBARTICLE 3 SO AS TO PROVIDE THAT PERSONS WHO HOLD A LICENSE TO SELL ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON OR OFF PREMISES CONSUMPTION, AND THE MANAGERS AND


Printed Page 682 . . . . . Wednesday, February 10, 1999

EMPLOYEES OF THE ESTABLISHMENTS WHERE THESE BEVERAGES ARE SOLD, ARE LIABLE FOR CERTAIN DAMAGES IF THEY NEGLIGENTLY SELL OR FURNISH THESE BEVERAGES TO AN UNDERAGE OR INTOXICATED PERSON, AND TO REQUIRE HOLDERS OF THESE LICENSES TO FURNISH THE DEPARTMENT OF REVENUE WITH PROOF OF FINANCIAL RESPONSIBILITY IN MEETING ANY LIABILITY IMPOSED BY THIS SUBARTICLE.
Referred to Committee on Judiciary

H. 3496 (Word version) -- Reps. Kirsh, Gamble and Law: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSUMER PROTECTION CODE, SO AS TO REDEFINE "OFFICIAL FEES" TO EXCLUDE A PREMIUM PAYABLE FOR INSURANCE INSTEAD OF PERFECTING A SECURITY INTEREST WHEN THE SECURITY INTEREST IS A PURCHASE MONEY SECURITY INTEREST WHICH DOES NOT REQUIRE PERFECTION BY THE FILING OF A FINANCING STATEMENT, AND TO EXCLUDE A PREMIUM PAYABLE FOR INSURANCE INSTEAD OF PERFECTING A SECURITY INTEREST UPON THE RENEWAL OR REFINANCING OF THE SALE, LEASE, OR LOAN, UNLESS THE RENEWAL OR REFINANCING OCCURS MORE THAN FIVE YEARS AFTER THE INITIAL SALE, LEASE, OR LOAN OR UNLESS THE ACTUAL AMOUNT OF DOLLARS GIVEN TO THE CONSUMER AT THE TIME OF THE RENEWAL OR REFINANCING IS MORE THAN TEN PERCENT GREATER THAN THE ORIGINAL LOAN AMOUNT.
Referred to Committee on Labor, Commerce and Industry

H. 3497 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENT OF TRANSPORTATION TO BE PROVIDED BY THE STATE TO PUPILS ATTENDING THE PUBLIC SCHOOLS, SO AS TO REVISE THE DISTANCE FROM A CHILD'S RESIDENCE WHICH MAKES IT PERMISSIBLE TO PROVIDE THE CHILD WITH SCHOOL TRANSPORTATION.
Referred to Committee on Education and Public Works

H. 3498 (Word version) -- Rep. Lourie: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER


Printed Page 683 . . . . . Wednesday, February 10, 1999

117 SO AS TO ENACT THE "PRESCRIPTION INFORMATION PRIVACY ACT" WHICH PROHIBITS PATIENT PRESCRIPTION DRUG INFORMATION FROM BEING TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE PATIENT, AND TO PROVIDE EXCEPTIONS AND PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3499 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF ANNEXATION WHERE A PETITION IS SIGNED BY SEVENTY-FIVE PERCENT OF THE FREEHOLDERS OWNING SEVENTY-FIVE PERCENT OF THE ASSESSED VALUE OF PROPERTY REQUESTS ANNEXATION BY A MUNICIPALITY, SO AS TO ADD ADDITIONAL REQUIREMENTS BEFORE PROPERTY CAN BE ANNEXED; AND TO AMEND SECTION 5-3-310, RELATING TO THE ANNEXATION OF SPECIAL PURPOSE DISTRICTS, SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-3-150 APPLY TO THIS SECTION.
Referred to Committee on Judiciary

H. 3500 (Word version) -- Reps. Hawkins, Klauber and Fleming: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A MEMBER OF A MUNICIPAL OR COUNTY ELECTION COMMISSION FROM PARTICIPATING IN CERTAIN POLITICAL ACTIVITY, SO AS TO PROVIDE THAT A MEMBER IS NOT ELIGIBLE FOR REAPPOINTMENT ONCE REMOVED FROM A COMMISSION BY THE GOVERNOR.
Referred to Committee on Judiciary

H. 3501 (Word version) -- Rep. Davenport: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF TAXABLE INCOME FOR STATE INCOME TAX PURPOSES, BY ADDING SECTION 12-6-1240 SO AS TO PROVIDE FOR NONRECOGNITION OF A PORTION OF THE GAIN RECOGNIZED WHEN A SMALL BUSINESS TAXPAYER SELLS BUSINESS REAL PROPERTY AND PURCHASES NEW BUSINESS REAL PROPERTY WITHIN


Printed Page 684 . . . . . Wednesday, February 10, 1999

A SPECIFIED FOUR-YEAR PERIOD AND TO PROVIDE DEFINITIONS.
Referred to Committee on Ways and Means

H. 3502 (Word version) -- Rep. W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1605 AND 9-11-95 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE UNDER THE STATE RETIREMENT SYSTEM, AND THE POLICE OFFICER'S RETIREMENT SYSTEM RESPECTIVELY WITHOUT THE LOSS OF RETIREMENT BENEFITS DOES NOT APPLY TO THE EARNINGS A RETIRED MEMBER WHO IS CERTIFIED TO TEACH IN THIS STATE RECEIVES WHILE WORKING AS A CLASSROOM TEACHER IN AN ELEMENTARY OR SECONDARY PUBLIC SCHOOL OF THIS STATE AFTER RETIREMENT.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 3503 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO COMMEND ALL OF THE KINDERGARTEN AND FIRST GRADE TEACHERS AT SATCHEL FORD ELEMENTARY SCHOOL, AND ESPECIALLY KINDERGARTEN TEACHER LISA COLLINS, FIRST GRADE TEACHER THELMA GRAHAM, AND PRINCIPAL VIRGINIA LACY, FOR THEIR OUTSTANDING LEADERSHIP AND INITIATIVE IN PURSUING A PROGRAM THAT RESULTED IN ALL OF SATCHEL FORD ELEMENTARY SCHOOL'S KINDERGARTEN AND FIRST GRADE STUDENTS BEING INTRODUCED TO THE WEALTH OF LIBRARY RESOURCES AND OBTAINING THEIR OWN INDIVIDUAL LIBRARY CARDS, AND ALSO TO CONGRATULATE ALL THE KINDERGARTEN AND FIRST GRADE STUDENTS AT SATCHEL FORD ELEMENTARY SCHOOL ON HAVING OBTAINED THEIR LIBRARY CARDS, AND TO WISH THEM WELL IN ALL OF THEIR EDUCATIONAL ENDEAVORS.
The Resolution was adopted.


Printed Page 685 . . . . . Wednesday, February 10, 1999

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Breeland               Brown H.               Brown J.
Brown T.               Campsen                Canty
Carnell                Cato                   Clyburn
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harvin                 Hawkins                Hayes
Hines J.               Hines M.               Hinson
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neilson                Ott                    Parks
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith F.
Smith J.               Smith R.               Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell


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STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 10.

Clementa Pinckney                    Leon Howard
Joseph Neal                          Steve Lanford
Jackson Whipper                      Douglas Jennings
Elsie Stuart                         John Scott
Gilda Cobb-Hunter                    Grady G. Brown
Bill Cotty

Total Present- 117

DOCTOR OF THE DAY

Announcement was made that Dr. Andy Pate of Lancaster 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. 3082 (Word version)
Date:     ADD:
02/10/99   SIMRILL


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CO-SPONSOR ADDED

Bill Number:   H. 3135 (Word version)
Date:     ADD:
02/10/99   RISER

CO-SPONSOR ADDED

Bill Number:   H. 3356 (Word version)
Date:     ADD:
02/10/99   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3082 (Word version)
Date:     ADD:
02/10/99   W. MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3243 (Word version)
Date:     ADD:
02/10/99   CAMPSEN

CO-SPONSOR ADDED

Bill Number:   H. 3153 (Word version)
Date:     ADD:
02/10/99   KNOTTS

MEMBER-ELECT SWORN IN

Mr. Michael S. "Mickey" Whatley, Member-elect from District No. 113, presented his credentials and the oath of office was administered to him by the SPEAKER.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification:

S. 399 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Hayes, Reese, Jackson, Passailaigue, Saleeby and Holland: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER


Printed Page 688 . . . . . Wednesday, February 10, 1999

PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:

H. 3467 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO BOARD NOTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2342, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED TO THIRD READING

The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3415 (Word version) -- Reps. Bailey, Walker and Sandifer: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE


Printed Page 689 . . . . . Wednesday, February 10, 1999

PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
Rep. BAILEY explained the Bill.

H. 3468 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO EXAMINATION; SCHEDULING AND GRADING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.

H. 3481 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO NONMOTORIZED VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2219, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.

H. 3445 -- DEBATE ADJOURNED

Rep. CARNELL moved to adjourn debate upon the following Bill until Thursday, February 11, which was adopted:

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 OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS.


Printed Page 690 . . . . . Wednesday, February 10, 1999

H. 3082 -- POINT OF ORDER

The following Bill was taken up:

H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, Simrill and W. McLeod: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

OBJECTION TO RECALL

Rep. CATO asked unanimous consent to recall H. 3295 (Word version) from the Committee on Judiciary.
Rep. F. SMITH objected.

H. 3259 -- DEBATE ADJOURNED

The Senate amendments to the following Joint Resolution were taken up for consideration:

H. 3259 (Word version) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer, Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley,


Printed Page 691 . . . . . Wednesday, February 10, 1999

Walker, Rodgers, Neilson, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield, Lee, Law and Martin: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1994 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.

Rep. VAUGHN moved to adjourn debate on the Senate Amendments until Tuesday, February 16, which was adopted.

S. 381 -- RECONSIDERED, AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

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 SOUTH CAROLINA IN MYRTLE BEACH.

Whereas, in 1993 a group of Myrtle Beach parents and community leaders founded the "Children's Museum of South Carolina in Myrtle Beach" to serve the needs and interests of children by providing interactive exhibits and programs that stimulate curiosity and motivate learning; and

Whereas, the museum was founded to promote and stimulate self-discovery through interactive learning experiences that will enhance children's understanding of their global community; and
Whereas, the museum is committed to serving the state and local communities as well as visiting tourists;

Whereas, the museum provides for collaborative opportunities with communities and schools to enhance student participation in the sciences, technology, the humanities, and culture; and

Whereas, the museum has served more than 68,000 visitors since its opening in 1994; and


Printed Page 692 . . . . . Wednesday, February 10, 1999

Whereas, the members of the General Assembly, by this resolution, wish to acknowledge and recognize the worthwhile efforts of the "Children's Museum of South Carolina in Myrtle Beach".

Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly enthusiastically commend the worthy efforts and success of this museum by recognizing it as the "Children's Museum of South Carolina in Myrtle Beach".

Be it further resolved that a copy of this resolution be forwarded to the "Children's Museum of South Carolina in Myrtle Beach".

Rep. KELLEY moved to reconsider the vote whereby the Concurrent Resolution was adopted, which was agreed to.

Rep. KELLEY proposed the following Amendment No.1 (Doc Name COUNCIL\BBM\AMEND\10088SOM99), which was adopted.
Amend the concurrent resolution, as and if amended, by striking it in its entirety and inserting:
/ Whereas, in 1993 a group of Myrtle Beach parents and community leaders founded the "Children's Museum of South Carolina in Myrtle Beach" to serve the needs and interests of children by providing interactive exhibits and programs that stimulate curiosity and motivate learning; and
Whereas, the museum was founded to promote and stimulate self-discovery through interactive learning experiences that will enhance children's understanding of their global community; and
Whereas, the museum is committed to serving the state and local communities as well as visiting tourists; and
Whereas, the museum provides for collaborative opportunities with communities and schools to enhance student participation in the sciences, technology, the humanities, and culture; and
Whereas, the museum has served more than 68,000 visitors since its opening in 1994; and
Whereas, the members of the General Assembly, by this resolution, wish to acknowledge and recognize the worthwhile efforts of the "Children's Museum of South Carolina in Myrtle Beach". Now, therefore,


Printed Page 693 . . . . . Wednesday, February 10, 1999

Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly enthusiastically commend the worthy efforts and success of this museum by recognizing it as the "Children's Museum of South Carolina in Myrtle Beach".
Be it further resolved that a copy of this resolution be forwarded to the "Children's Museum of South Carolina in Myrtle Beach". /
Amend title to read:
/ TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE BEACH BY RECOGNIZING IT AS THE CHILDREN'S MUSEUM OF SOUTH CAROLINA IN MYRTLE BEACH. /

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

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

MOTION PERIOD

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

H. 3181 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3181 (Word version) -- Reps. Klauber and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-125 SO AS TO PROVIDE THAT A PRISONER SHALL NOT INITIATE A CIVIL ACTION OR APPEAL A JUDGMENT UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-27-160 SO AS TO PROVIDE THAT A COMPLAINT FILED BY A PRISONER MUST CONTAIN HIS INMATE NUMBER; BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS CERTAIN CIVIL ACTIONS AGAINST A WITNESS OR VICTIM WHEN A PRISONER FAILS TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO REVISE THE TYPE OF CASES IN WHICH A PRISONER SHALL FORFEIT ALL OR PART OF HIS WORK, EDUCATION,


Printed Page 694 . . . . . Wednesday, February 10, 1999

OR GOOD CONDUCT CREDITS; AND TO AMEND SECTION 24-27-300, RELATING TO HOLDING A PRISONER IN CONTEMPT OF COURT, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PRISONER MAY BE HELD IN CONTEMPT OF COURT AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND THE INSURANCE RESERVE FUND SHALL MAINTAIN A DATA BASE OF PRISONERS WHO FILE CIVIL ACTIONS.

Rep. HAWKINS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22162CM99), which was adopted.
Amend the bill, as and if amended, Section 4, beginning on Page 2 and ending on Page 3, by striking Section 4 in its entirety and inserting:
/ SECTION   4.   Section 24-27-300 of the 1976 Code, as added by Act 455 of 1996, is amended to read:

"Section 24-27-300.   The court may hold a prisoner in contempt of court if it finds that the prisoner has, on three or more prior occasions, while incarcerated, brought in a court of this State a civil action or appeal pertaining to his incarceration, or apprehension, or filed a civil action or appeal against a victim or witness in connection with a crime the prisoner has been convicted of, whether or not he is incarcerated for that crime, that was dismissed prior to before a hearing on the merits on the grounds that the action or appeal was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of great bodily injury, as defined by Section 56-5-2945, at the time of the filing of the present action or appeal, the prisoner shall must not be held in contempt. The court may sentence the prisoner to a term of imprisonment not exceeding one year for this contempt to be served consecutively to any terms of imprisonment previously imposed. The Department of Corrections shall maintain a data base of all prisoners who file civil actions in order to identify prisoners who file multiple lawsuits. The Insurance Reserve Fund also shall maintain a data base of prisoners who file civil actions against its insureds. The data base shall include both state and federal lawsuits, and shall include the disposition of each action and the reasons for the disposition. Each clerk of court shall maintain a list of all lawsuits filed by prisoners at both county and state correctional facilities. At the end of each calendar year, each clerk of court shall forward that list to the Department of Corrections and the Insurance Reserve Fund. Both agencies shall include relevant information in its data base. Whenever it appears that a prisoner has violated a provision of this section, the


Printed Page 695 . . . . . Wednesday, February 10, 1999

Department of Corrections or the Insurance Reserve Fund shall notify the appropriate clerk of court and the Attorney General of the violation." /
Amend title to conform.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 72; Nays 36

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Bales                  Barfield               Barrett
Bauer                  Beck                   Campsen
Carnell                Cato                   Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Hamilton               Harrell
Hawkins                Hinson                 Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 Mason
McCraw                 McGee                  McKay
Meacham                Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith D.               Smith J.               Smith R.
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--72


Printed Page 696 . . . . . Wednesday, February 10, 1999

Those who voted in the negative are:
Allen                  Askins                 Battle
Bowers                 Breeland               Brown J.
Brown T.               Canty                  Clyburn
Cobb-Hunter            Gourdine               Harvin
Hayes                  Hines J.               Hines M.
Inabinett              Kennedy                Lloyd
Mack                   Maddox                 McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Sheheen                Smith F.               Whipper

Total--36

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

RECURRENCE TO THE MORNING HOUR

Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 3504 (Word version) -- Rep. R. Smith: A HOUSE RESOLUTION CONGRATULATING REVEREND AND MRS. THOMAS MASON, SR. OF AIKEN COUNTY ON THE HAPPY OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, FEBRUARY 26, 1999, AND EXTENDING TO THEM BEST WISHES FOR MANY MORE YEARS TOGETHER.

The Resolution was adopted.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of the Chair.

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.


Printed Page 697 . . . . . Wednesday, February 10, 1999

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF APPEALS COURT JUDGES
CIRCUIT COURT JUDGES, FAMILY COURT JUDGES
AND AN ADMINISTRATIVE LAW JUDGE

The Reading Clerk of the House read the following Concurrent Resolution:

S. 408 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 10, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, CHIEF JUDGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999.


Printed Page 698 . . . . . Wednesday, February 10, 1999

The PRESIDENT recognized Representative DELLENEY, Vice-Chairman of the Judicial Merit Selection Commission.

ELECTION OF A COURT OF APPEALS JUDGE, SEAT 1

The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 1.
Representative DELLENEY, Vice-Chairman of the Commission, stated that the Honorable Carol Connor had been screened, found qualified, and placed her name in nomination.
On motion of Representative DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of nominee.
Whereupon, the PRESIDENT announced that the Honorable Carol Connor was duly elected for the term prescribed by law.

ELECTION OF A COURT OF APPEALS JUDGE, SEAT 2

The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 2.
Representative DELLENEY, Vice-Chairman of the Commission, stated that the Honorable William L. Howard had been screened, found qualified, and placed his name in nomination.
On motion of Representative DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of nominee.
Whereupon, the PRESIDENT announced that the Honorable William L. Howard was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE
SIXTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Sixth Judicial Circuit, Seat 1.

Representative DELLENEY, Vice-Chairman of the Commission, stated that the Honorable Paul E. Short, Jr. had been screened, found qualified, and placed his name in nomination.

Rep. NEILSON seconded the nomination of the Honorable Paul E. Short, Jr.

On motion of Representative DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of nominee.

Whereupon, the PRESIDENT announced that the Honorable Paul E. Short, Jr. was duly elected for the term prescribed by law.


Printed Page 699 . . . . . Wednesday, February 10, 1999

ELECTION OF A CIRCUIT COURT JUDGE, AT-LARGE
SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 1.
Representative DELLENEY, Vice-Chairman of the Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Joy S. Goodwin, George C. Kosko, and John M. Milling.
Rep. NEILSON seconded the nomination of Mr. Milling.
Representative DELLENEY stated that the following candidates had withdrawn from the race: Joy S. Goodwin and George C. Kosko.
On motion of Representative DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of nominee.
Whereupon, the PRESIDENT announced that the Honorable John M. Milling was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, AT-LARGE
SEAT 7

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 7.
Representative DELLENEY, Vice-Chairman of the Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Benjamin H. Culbertson, Edwin E. Evans, and J. C. "Buddy" Nicholson, Jr.
Rep. NEILSON seconded the nomination of J. C. "Buddy" Nicholson, Jr.
Representative DELLENEY stated that the following candidates had withdrawn from the race: Benjamin H. Culbertson and Edwin E. Evans.
On motion of Representative DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of nominee.
Whereupon, the PRESIDENT announced that the Honorable J. C. "Buddy" Nicholson, Jr. was duly elected for the term prescribed by law.


Printed Page 700 . . . . . Wednesday, February 10, 1999

ELECTION OF A CIRCUIT COURT JUDGE, AT-LARGE
SEAT 11

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 11.

Representative DELLENEY, Vice-Chairman of the Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Craig H. Allen, James G. Carpenter, and Alison Renee Lee.

Rep. NEILSON seconded the nomination of Ms. Lee.

Representative DELLENEY stated that the following candidates had withdrawn from the race: Craig H. Allen and James G. Carpenter.

On motion of Representative DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of nominee.

Whereupon, the PRESIDENT announced that the Honorable Alison Renee Lee was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
SEVENTH JUDICIAL CIRCUIT, SEAT 3

The PRESIDENT announced that nominations were in order for a Family Court Judge, Seventh Judicial Circuit, Seat 3.

Representative DELLENEY, Vice-Chairman of the Commission, stated that the Honorable Wesley L. Brown, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Representative DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of nominee.

Whereupon, the PRESIDENT announced that the Honorable Wesley L. Brown, Jr. was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
EIGHTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Eighth Judicial Circuit, Seat 1.

Representative DELLENEY, Vice-Chairman of the Commission, stated that the Honorable Joseph W. McGowan, III had been screened, found qualified, and placed his name in nomination.

On motion of Representative DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of nominee.


Printed Page 701 . . . . . Wednesday, February 10, 1999

Whereupon, the PRESIDENT announced that the Honorable Joseph W. McGowan was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
SIXTEENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Seat 2.

Representative DELLENEY, Vice-Chairman of the Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Leland B. Greeley, Debbie S. Mollycheck, and Henry T. Woods.

Representative DELLENEY stated that the following candidates had withdrawn from the race: Leland B. Greeley and Debbie S. Mollycheck.

On motion of Representative DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of nominee.

Whereupon, the PRESIDENT announced that the Honorable Henry T. Woods was duly elected for the term prescribed by law.

ELECTION OF AN ADMINISTRATIVE LAW JUDGE
CHIEF JUDGE, SEAT 1

The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Chief Judge, Seat 1.

Representative DELLENEY, Vice-Chairman of the Commission, stated that the Honorable Marvin F. Kittrell had been screened, found qualified, and placed his name in nomination.

On motion of Representative DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of nominee.

Whereupon, the PRESIDENT announced that the Honorable Marvin F. Kittrell was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.


Printed Page 702 . . . . . Wednesday, February 10, 1999

THE HOUSE RESUMES

At 12:10 P.M. the House resumed, the SPEAKER in the Chair.

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

ADJOURNMENT

At 12:13 P.M. the House in accordance with the motion of Rep. HAYES adjourned in memory of Wayne Lyell, to meet at 10:00 A.M. tomorrow.

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