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:

O God, in Whose service comes peace and joy, grant us the power to work in the colorful tapestry of life in which we are daily weaving the radiant qualities of the Divine. As the flowers of earth put on garments of gold and crimson and purple through their partnership with light, so may we become clothed with the bright blossoms of faith as we become partners with our God Who is light and in Whom there is no darkness. For Yours is the power and the glory forever and ever. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Marion Holston, which was agreed to.

Document No. 2382
Agency: Department of Labor, Licensing and Regulation, Board of Cosmetology
Statutory Authority: 1976 Code Section 40-13-60
Examinations, Classifications, Licensure, Fees, Penalties
Received by Speaker of the House of Representatives January 12, 1999
Referred to House Committee on Medical, Military, Public and Municipal Affairs

120 Day Period Tolled
19990225   Withdrawn and Resubmitted

Rep. MILLER, from the Georgetown Delegation, submitted a favorable report on:

S. 498 (Word version) -- Senators McGill and Ravenel: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE WACCAMAW REGIONAL PLANNING COUNCIL, AND PROVIDE THAT APPOINTMENTS TO THIS COUNCIL BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
Ordered for consideration tomorrow.

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

H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
Ordered for consideration tomorrow.

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

H. 3611 (Word version) -- Reps. Klauber, Carnell, Parks and Stille: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LANDER UNIVERSITY MEN'S TENNIS TEAM AND ITS COACHES ON WEDNESDAY, MARCH 3, 1999, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1998 DIVISION II NATIONAL MEN'S TENNIS CHAMPIONSHIP, LANDER'S EIGHTH CONSECUTIVE NATIONAL TITLE AND TENTH OVERALL.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Lander University Men's Tennis Team and its coaches at a time to be determined by the Speaker on Wednesday, March 3, 1999, for the purpose of being recognized on winning the 1998 Division II National Men's Tennis Championship, Lander's eighth consecutive national title and tenth overall.

The Resolution was adopted.

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

H. 3612 (Word version) -- Reps. Walker, Bailey, Barfield, Barrett, Lanford, Littlejohn, Sharpe, Simrill, R. Smith, Stille and Young-Brickell: 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 73 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE LIONS CLUB.
Referred to Committee on Education and Public Works

H. 3613 (Word version) -- Reps. Phillips and McCraw: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE INSURANCE COVERAGE, SO AS TO

H. 3614 (Word version) -- Reps. Witherspoon, Vaughn, Sharpe, Sandifer, Edge, Kirsh and Leach: A BILL TO AMEND SECTION 8-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELIVERY OF A SET OF THE SOUTH CAROLINA CODE OF LAWS AND SUPPLEMENTS TO HIS SUCCESSOR BY A STATE OR COUNTY OFFICER WHO RECEIVED A SET OF THE CODE AND SUPPLEMENTS BY VIRTUE OF HOLDING HIS OFFICE, SO AS TO PROVIDE THAT THE COST OF THE CODE SET IS DEEMED TO BE THE REPLACEMENT COST THEREOF AND TO PROVIDE THAT THE OFFICER IF HE FAILS TO DELIVER THE CODE SET TO HIS SUCCESSOR IS EITHER PERSONALLY OR THROUGH HIS OFFICIAL BOND LIABLE FOR AN AMOUNT EQUAL TO THE REPLACEMENT COST RATHER THAN TWENTY-FIVE DOLLARS; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO MAKE SECTIONS 8-15-30 AND 8-15-40 APPLICABLE TO MEMBERS OF THE GENERAL ASSEMBLY, MEMBERS OF THE LEGISLATIVE COUNCIL, AND THE CODE COMMISSIONER.
Referred to Committee on Ways and Means

H. 3615 (Word version) -- Reps. R. Smith and Beck: 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 ONLY WHEN CONDUCTED BY THE STATE IN THE MANNER THE GENERAL ASSEMBLY PROVIDES BY LAW AND TO CREDIT THE NET PROCEEDS TO A SEPARATE LOTTERY FOR EDUCATION ACCOUNT IN THE STATE TREASURY THE PROCEEDS OF WHICH MUST BE USED ONLY FOR EDUCATION PURPOSES AND PROGRAMS IN THE MANNER THE GENERAL ASSEMBLY PROVIDES BY LAW, AND FURTHER PROPOSING AN AMENDMENT TO SECTION 7,

H. 3616 (Word version) -- Reps. Fleming, Altman, Barfield, Barrett, Bauer, Beck, H. Brown, Campsen, Cato, Chellis, Cotty, Dantzler, Delleney, Easterday, Gilham, Gourdine, Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Klauber, Lanford, Law, Leach, Limehouse, Littlejohn, Lucas, Maddox, Martin, Mason, McGee, McKay, Meacham, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Stille, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Wilder, Wilkins, Woodrum, Young-Brickell, Edge and D. Smith: A BILL TO AMEND SECTION 8-13-1316, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROVIDE THAT A RECIPIENT GIVEN A CONTRIBUTION IN VIOLATION OF THIS SECTION MUST REMIT IT TO THE CHILDREN'S TRUST FUND WITHIN SEVEN DAYS OF ITS RECEIPT.
Rep. FLEMING asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. LEE objected.
Referred to Committee on Judiciary

H. 3617 (Word version) -- Reps. Witherspoon and Sharpe: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND

H. 3618 (Word version) -- Reps. Knotts, Riser and Gamble: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING MIGRATORY WATERFOWL ON LAKE MURRAY, SO AS TO PROHIBIT HUNTING MIGRATORY

The following was introduced:

H. 3619 (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 CONCURRENT RESOLUTION TO SALUTE THE LIFE AND WORK OF THE LATE EDWARD FORREST SWEAT, PH.D., AN OUTSTANDING SCHOLAR, GENTLEMAN, TEACHER, HISTORIAN, AUTHOR, AND PUBLIC SERVANT WHO EXEMPLIFIED THE AMERICAN SPIRIT, AS PART OF SOUTH CAROLINA'S CELEBRATION OF BLACK HISTORY MONTH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales

Barfield               Barrett                Battle
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Campsen                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harris
Harrison               Haskins                Hawkins
Hayes                  Hines M.               Hinson
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Maddox
Mason                  McCraw                 McGee
McKay                  McLeod W.              McMahand
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith R.               Taylor
Tripp                  Trotter                Vaughn
Walker                 Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

I came in after the roll call and was present for the Session on Thursday, February 25.

Clementa Pinckney                    Steve Lanford
Alex Harvin                          Leon Howard
Doug  Smith                          Harry Stille
Dwight Loftis                        E.B. "Mac" McLeod
John Scott                           Jesse Hines
James E. Smith                       Ronald Townsend
Jackson Whipper                      Marion Carnell
Andre Bauer                          Todd Rutherford

Ralph Davenport                      Joseph Neal
Richard Quinn                        Bill Cotty
Douglas Jennings                     Theodore Brown
Becky Martin                         Ralph Canty
Jerry Govan

The SPEAKER granted Rep. MEACHAM a leave of absence for the day due to illness.

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

The SPEAKER granted Rep. STUART a leave of absence.

The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day to go to the Medical University Hospital due to a family member's illness.

Rep. HARRELL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 24.

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 Number:   H. 3571 (Word version)
Date:     ADD:
02/25/99   D. SMITH

Bill Number:   H. 3051 (Word version)
Date:     ADD:
02/25/99   STILLE

Bill Number:   H. 3188 (Word version)
Date:     ADD:
02/25/99   SIMRILL

Bill Number:   H. 3136 (Word version)
Date:     ADD:
02/25/99   HAMILTON

Bill Number:   H. 3136 (Word version)
Date:     ADD:
02/25/99   LOFTIS

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   LEE

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   DAVENPORT

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   KIRSH

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   TAYLOR

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   LEACH

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   LOFTIS

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   MADDOX

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   ALLEN

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   KLAUBER

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   W. MCLEOD

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   BREELAND

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   PINCKNEY

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   J. BROWN

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   WILDER

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   PARKS

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   HAWKINS

Bill Number:   H. 3498 (Word version)
Date:     ADD:
02/25/99   RUTHERFORD

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

H. 3301 (Word version) -- Reps. Beck, Mason, Hamilton and Easterday: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. COTTY having the floor:

H. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9006SOM99), which was adopted.
Amend the bill, as and if amended, in Section 22-2-130 as contained in SECTION 1, on line 35, page 1, by striking /three calendar years/ and inserting / calendar year /
When amended, Section 22-2-130 shall read:

/ Section 22-2-130.   If any a juror duly summoned neglects or refuses to appear in obedience to any a venire issued by a magistrate's court and within forty-eight hours does not render within forty-eight hours to

Rep. COTTY relinquished the floor.

Rep. HARRISON spoke in favor of the amendment.
The amendment was then adopted.

Rep. FLEMING proposed the following Amendment No. 2:
Amend the bill, as and if amended, in Section 22-2-130 as contained in Section 1, on line 31, page 1 by striking /one/ and inserting /three/
Renumber sections to conform.
Amend title to conform.

Rep. FLEMING explained the amendment.

Reps. SCOTT, PARKS, LLOYD, CLYBURN, G. BROWN, TRIPP, LANFORD, M. HINES, BECK, MCMAHAND, DAVENPORT, J. HINES, M. MCLEOD, and GOURDINE requested debate on the Bill.

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

S. 248 (Word version) -- Senators Leatherman and McGill: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, BY ADDING SECTION 55-11-650 SO AS TO AUTHORIZE THE AUTHORITY TO DEPOSIT, EXPEND MONIES, ACCEPT DONATIONS, ISSUE NEGOTIABLE INSTRUMENT BONDS, NOTES, AND OTHER EVIDENCES OF INDEBTEDNESS.
Rep. MCGEE explained the Bill.

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 3551 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3237MM99), which was adopted.
Amend the bill, as and if amended, page 2, beginning on line 36, by striking Section 33-36-10 as contained in SECTION 2, and inserting:

/ Section 33-36-10.   As used in this chapter 'corporation not-for-profit' means a corporation which, upon its original organization, is financed in whole or in part by a loan made under the provisions of the Consolidated Farmers Home Administration Act of 1961, as amended by the Food and Agriculture Act of 1962, and acts amending it, and by the State Revolving Fund for Water or Sewer. /
Amend further, page 4, beginning on line 17, by striking Section 33-36-210(B) as contained in SECTION 2, and inserting:

/ (B)   The original articles of incorporation must be filed with the Secretary of State for approval by any method approved by the Secretary of State. A duplicate copy, signed and acknowledged, also may be filed./
Amend further, page 5, beginning on line 5, by striking Section 33-36-250 as contained in SECTION 2, and inserting:

/   The Secretary of State shall conform articles of incorporation supplied by his office for 'corporations not-for-profit' to the provisions of Sections 33-36-10 and 33-36-20. In addition, any other forms supplied by the Secretary of State which may be required of a corporation not-for-profit must be conformed to the provisions of this chapter. /
Amend further, page 14, line 40, by striking item (2) of Section 33-36-1010, as contained in SECTION 2, and inserting:

/ (2)   the address of its principal office; /
Amend further by adding at the end of CHAPTER 36, as contained in SECTION 2 page 17, after line 7, a new Article to read:

Section 33-36-1210.   A domestic corporation organized and governed pursuant to Chapter 35 of Title 33 before the effective date of this chapter is deemed to have been organized pursuant to this chapter as of its effective date and must be governed by the provisions of this chapter."/
Amend title to conform.

Rep. KLAUBER explained the amendment.

Rep. KLAUBER continued speaking.
The amendment was then adopted.

Rep. KLAUBER explained the Bill.

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

On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 3358 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

"Section 56-5-1520.   (a) General rule. (A) No A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.

(b) Maximum speed limits. (B)   Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:

(1) thirty miles an hour in any urban district seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed are posted;

(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted;

(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510 and unpaved roads are limited to the speed of forty miles an hour; and

(4) manufactured, modular, or mobile homes must not be transported at a speed in excess of ten miles below the maximum posted speed limit when the maximum posted speed limit is in excess of forty-five miles an hour, and never in excess of fifty-five miles an hour.

(C)   Thirty miles an hour is the maximum speed in an urban district. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.

(D)   A local authority on the basis of an engineering and traffic investigation may determine that the maximum speed limit permitted under this article is less than thirty miles an hour in an urban district. If

(E)   The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.

(c)   When lower speeds required; penalties; citation for violating speed limits. (F)   The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(d) Any (G)   A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;

(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;

(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(e) Any (H)   A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.

(f) (I)   In expending the funds credited to the state general fund from fines generated under subsection (d) (G), the department first shall consider the need for additional highway patrolmen."
SECTION   2.   Section 56-5-1535 of the 1976 Code is amended to read:

"(A)   It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and

(B)   A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.

(C)   The penalty imposed by this section applies only:

(1) if a sign is posted at the beginning of the active work zone that states "HIGHWAY 'WORK ZONE -- NO SPEEDING -- TWO HUNDRED DOLLAR $200 FINE AND THIRTY 30 DAYS IMPRISONMENT" FOR SPEEDING';

(2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.

(D)   The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed limit."
SECTION   3.   Section 56-5-1540(a)(2) of the 1976 Code is amended to read:

"(2) increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"
SECTION   4.   The 1976 Code is amended by adding:

"Section   56-5-616.   The interstate system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."
SECTION   5.   The 1976 Code is amended by adding:

"Section 56-5-617. The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."
SECTION   6.   Sections 56-5-1510 and 57-3-175 of the 1976 Code are repealed.
SECTION   7.   This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. MARTIN explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

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

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

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

H. 3576 (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 INACTIVE OR RETIRED STATUS LICENSES; CONTINUING EDUCATION FOR RELICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2353, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.

H. 3577 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE GOVERNOR'S OFFICE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, RELATING TO NOTIFICATION (REPEAL R.24-35), DESIGNATED AS REGULATION DOCUMENT NUMBER 2307, PURSUANT TO THE

H. 3578 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE GOVERNOR'S OFFICE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, RELATING TO PROCEDURES FOR CASE REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 2303, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. M. HINES explained the Joint Resolution.

H. 3579 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-68 SO AS TO ESTABLISH A PROCEDURE WHEREBY THE STATE BOARD OF EDUCATION SHALL ADOPT AND THE SCHOOL DISTRICTS SHALL USE A UNIFORM GRADING SYSTEM NO LATER THAN SCHOOL YEAR 2000-2001.
Rep. WALKER explained the Bill.

H. 3345 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.
Rep. WITHERSPOON explained the Bill.

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 3576 (Word version) be read the third time tomorrow.

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 3577 (Word version) be read the third time tomorrow.

On motion of Rep. M. HINES, with unanimous consent, it was ordered that H. 3578 (Word version) be read the third time tomorrow.

On motion of Rep. WALKER, with unanimous consent, it was ordered that H. 3579 (Word version) be read the third time tomorrow.

Rep. WITHERSPOON asked unanimous consent that H.3345 (Word version) be read a third time tomorrow.
Rep. SIMRILL objected.

The following Bill was taken up:

H. 3107 (Word version) -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.
Rep. HAWKINS explained the Bill.

Rep. KIRSH 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.

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

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

H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder and Wilkes: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 152 SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT" WHICH INCLUDES PROVISIONS FOR EXPANDED PARENTAL AND MATERNITY CARE, ADDITIONAL NUTRITION AND HEALTH CARE FOR CHILDREN, AND INCENTIVES FOR APPROPRIATE PRESCHOOL PROGRAMS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240, 43-3-120, AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, AND EACH COUNTY BOARD AND OFFICE OF SOCIAL SERVICES, AND THE BOARD AND DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S

H. 3621 (Word version) -- Reps. Allen, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Emory, M. Hines, Howard, Inabinett, Jennings, Kennedy, Littlejohn, Maddox, McCraw, W. McLeod, Miller, Moody-Lawrence, Neal, Parks, Phillips, Rutherford, Scott, Simrill, J. Smith and Tripp: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE AND LOCAL REQUIREMENTS UNDER THE EDUCATION FINANCE ACT AND THE MINIMUM REQUIRED TEACHER SALARY SCHEDULE, SO AS TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 1999-2000, THE MINIMUM REQUIRED TEACHER SALARY SCHEDULE MUST BE ADJUSTED TO BE AT THE NATIONAL RATHER THAN THE SOUTHEASTERN AVERAGE.
Referred to Committee on Ways and Means

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

The Senate returned to the House with concurrence the following:

H. 3608 (Word version) -- Reps. Scott, 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, 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 CONCURRENT

H. 3619 (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 CONCURRENT RESOLUTION TO SALUTE THE LIFE AND WORK OF THE LATE EDWARD FORREST SWEAT, PH.D., AN OUTSTANDING SCHOLAR, GENTLEMAN, TEACHER, HISTORIAN, AUTHOR, AND PUBLIC SERVANT WHO EXEMPLIFIED THE AMERICAN SPIRIT, AS PART OF SOUTH CAROLINA'S CELEBRATION OF BLACK HISTORY MONTH.

At 11:10 A.M. the House in accordance with the motion of Rep. CLYBURN adjourned in memory of Marion Holston to meet at 10:00 A.M. tomorrow.

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