House Journal for Apr. 29, 1999 - South Carolina Legislature Online

THURSDAY, APRIL 29, 1999

Indicates Matter Stricken

Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

God of all mankind Whose goodness never fails, help us to fill the swift passing hours of this day with worthy deeds, to bear the fret of care, the sting of criticism, and the drudgery of unapplauded toil. With Your help may we think clearly, act kindly and play well our part. Save us from compromise that crucifies principle, from shoddy workmanship which betrays the best. Send us forth to our waiting tasks, gratefully aware of our heritage worth living for and working for. 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. VAUGHN moved that when the House adjourns, it adjourn in memory of Hazel Truman, Treasurer of Greenville County, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., April 28, 1999

Mr. Speaker and Members of the House:

The Senate respectfully informs you Honorable Body that it concurs in the amendments proposed by the House to S. 56:

S. 56 Senators Alexander and Elliott: A BILL TO AMEND SECTION 58 5 710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION’S REGULATION OF WATER AND SEWER UTILITIES’ ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58 5 720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.

and has ordered the Bill enrolled for ratification.

Very respectfully,

President

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., April 28, 1999

Mr. Speaker and Members of the House:

The Senate respectfully informs you Honorable Body that it concurs in the amendments proposed by the House to S. 539:

S. 539 Banking and Insurance Committee: A BILL TO AMEND SECTION 38 43 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT INSURANCE AGENTS, COUNTERSIGNATURE REQUIREMENT, AND EXCEPTIONS, SO AS TO PROVIDE THAT BUSINESS DONE IN THIS STATE BY INSURERS MUST BE TRANSACTED BY THEIR REGULARLY AUTHORIZED AGENTS LICENSED IN THIS STATE AND TO ELIMINATE THE REQUIREMENT THAT THE AGENTS ACTUALLY RESIDE IN SOUTH CAROLINA, DELETE THE REQUIREMENTS PROVIDING THAT ALL INSURANCE POLICIES, EXCEPT HEALTH AND ACCIDENT AND LIFE INSURANCE POLICIES AND CERTIFICATES ISSUED UNDER GROUP INSURANCE POLICIES, MUST BE PERSONALLY OR MECHANICALLY COUNTERSIGNED ON BEHALF OF THE AGENT, AND DELETE THE PROVISION THAT AN INSURER MAY AMEND OR REPLACE ITS OUTSTANDING POLICIES WITH A NEWLY REVISED POLICY FORM OR NECESSARY ENDORSEMENTS WITHOUT COMPLYING WITH THE COUNTERSIGNATURE REQUIREMENT; TO AMEND SECTION 38 45 30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT OF PERSONAL COUNTERSIGNATURE BY A LICENSED RESIDENT AGENT OF THE SURETY, WITH RESPECT TO THE REQUIRED FILING OF A BOND EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT SURETY INSURANCE IN SOUTH CAROLINA; AND TO REPEAL SECTION 38 87 60 RELATING TO REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS UNDER THE SOUTH CAROLINA INSURANCE LAWS AND THE PROVISION THAT A POLICY OF INSURANCE ISSUED TO A RISK RETENTION GROUP OR ANY MEMBER OF THAT GROUP IS NOT REQUIRED TO BE COUNTERSIGNED AS OTHERWISE PROVIDED IN SECTION 38 43 60.

and has ordered the Bill enrolled for ratification.

Very respectfully,

President

REPORT OF STANDING COMMITTEE

Rep. HARRIS, from the Chesterfield Delegation, submitted a favorable report on:

H. 3106 Rep. Harris: A BILL TO PROVIDE FOR THE PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO REPEAL ACT 235 OF 1981, RELATING TO PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND MAKE THESE PROVISIONS EFFECTIVE JULY 1, 1999.

H. 3106 ORDERED TO THIRD READING

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

H. 3106 Rep. Harris: A BILL TO PROVIDE FOR THE PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO REPEAL ACT 235 OF 1981, RELATING TO PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND MAKE THESE PROVISIONS EFFECTIVE JULY 1, 1999.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4008 Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DEPARTMENT OF NATURAL RESOURCES OFFICERS, SERGEANT TIMOTHY BAXLEY AND CORPORAL DON "BUBBA" MORRIS, FOR THEIR QUICK ACTION IN RESCUING A SUMTER GIRL THROWN FROM A BOAT IN WYBOO CREEK IN THE CLARENDON COUNTY AREA OF LAKE MARION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4009 Reps. Harvin, Ott and M. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE AND APPRECIATION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO SHERIFF JOHN J. MCDOUGALL OF LEE COUNTY, FLORIDA, FOR HIS TRULY GOOD SAMARITAN DEED OF RESCUING NINE YEAR OLD KENDALL COGDILL OF PINEWOOD FROM THE MIDDLE OF INTERSTATE 95 IN CLARENDON COUNTY DURING A BLINDING RAINSTORM WHEN KENDALL WAS FRANTICALLY SEEKING HELP AFTER A TRAGIC AUTOMOBILE ACCIDENT WHICH CLAIMED THE LIFE OF HIS GRANDMOTHER, MRS. JEAN B. PARKS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4010 Reps. McGee, Simrill, Robinson, Haskins, Allen, Altman, Askins, Barrett, Campsen, Canty, Easterday, Gourdine, Hawkins, M. Hines, Limehouse, Maddox, McKay and Pinckney: A CONCURRENT RESOLUTION CONDEMNING AND DENOUNCING ALL SUGGESTIONS IN A RECENTLY PUBLISHED STUDY BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION THAT SEXUAL RELATIONSHIPS BETWEEN ADULTS AND WILLING CHILDREN ARE LESS HARMFUL THAN BELIEVED AND MIGHT EVEN BE POSITIVE FOR WILLING CHILDREN AND URGING THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO REJECT AND CONDEMN THE SUGGESTIONS MADE IN THIS RECENTLY PUBLISHED STUDY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 765 Senator Hutto: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO FOYE JONES COVINGTON ON THE OCCASION OF HER RETIREMENT AS MAGISTRATE FOR ORANGEBURG COUNTY.

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. 4011 Rep. Bowers: A BILL TO AMEND SECTION 34 39 140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGULATION AS A DEFERRED PRESENTMENT SERVICE, AND SECTION 34 41 30, RELATING TO EXEMPTIONS FROM REGULATION AS A CHECK CASHING SERVICE, BOTH SO AS TO EXEMPT A RETAILER OF SALES OR SERVICES WHO, INCIDENTAL TO THE SALES OR SERVICES OFFERED, CASHES CHECKS FOR NO FEE OR FOR A NOMINAL FEE AND TO DEFINE "NOMINAL FEE".

Referred to Committee on Labor, Commerce and Industry

H. 4012 Reps. Neal, J. Brown, Quinn, Bales, Cotty, Harrison, Lourie, Rutherford, Scott, F. Smith and J. Smith: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH FORTY FIVE MILE AN HOUR SPEED ZONES AND INSTALL FLASHING TRAFFIC SIGNALS AT CHURCHES LOCATED ON HIGHWAY 601 FROM THE KERSHAW COUNTY LINE TO HIGHWAY 378.

On motion of Rep. NEAL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4013 Rep. Bowers: A BILL TO AMEND SECTION 46 41 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURAL PRODUCTS DEFINITIONS, SO AS TO REDEFINE "AGRICULTURAL PRODUCTS"; TO AMEND SECTION 46 41 200, RELATING TO THE NAME OF THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, SO AS TO RENAME THE FUND THE "SOUTH CAROLINA GRAIN AND COTTON DEALERS AND HANDLERS FUND"; TO AMEND SECTION 46 41 210, AS AMENDED, RELATING TO DEALERS AND HANDLERS GUARANTY FUND DEFINITIONS, SO AS TO REDEFINE "FAIR MARKET VALUE" AND TO PROVIDE DEFINITIONS FOR "COTTON" AND "COTTON DEALERS"; TO AMEND ARTICLE 2, CHAPTER 41 OF TITLE 46, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, BY ADDING SECTION 46 41 225 SO AS TO PROVIDE FOR AN INITIAL ASSESSMENT TO BE IMPOSED ON COTTON DELIVERED TO COTTON GINS LICENSED UNDER THIS CHAPTER; BY ADDING SECTION 46 41 235 SO AS TO PROVIDE FOR COLLECTION, ADMINISTRATION, AND INVESTMENT OF ASSESSMENTS, FOR AUDITS TO VERIFY LOSS, FOR PRESENTATION AND PAYMENT OF CLAIMS, AND FOR REDUCTION IN THE AMOUNTS AND REINSTITUTION OF ASSESSMENTS, FOR PRO RATA PAYMENTS IF THERE ARE INSUFFICIENT FUNDS TO COVER ALL CLAIMS, AND FOR SUBROGATION UPON PAYMENT OF CLAIMS; BY ADDING SECTION 46 41 245 SO AS TO PROVIDE FOR REMITTANCE AND REPORTING OF ASSESSMENTS AND FOR PENALTIES FOR FAILURE TO REMIT OR REPORT ASSESSMENTS; AND BY ADDING SECTION 46 41 255, RELATING TO THE APPLICABILITY OF SECTION 46 41 250, SO AS TO PROVIDE THAT SECTION 46 41 250 DOES NOT APPLY TO PRODUCERS AND DEALERS OF COTTON.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4014 Reps. Neal, J. Smith, Clyburn, Vaughn, Quinn, Knotts, Limehouse, Lourie, Altman, Bailey, Bales, Barrett, Battle, Beck, Breeland, H. Brown, J. Brown, Carnell, Cato, Cooper, Cotty, Davenport, Emory, Gourdine, Govan, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Kennedy, Klauber, Lanford, Leach, Lee, Littlejohn, Lloyd, Mack, McGee, McMahand, Miller, Ott, Parks, Phillips, Pinckney, Riser, Robinson, Rutherford, Scott, Sharpe, F. Smith, Stille, Taylor, Tripp, Walker, Whatley, Whipper, Wilder, Woodrum and Young Brickell: A BILL TO AMEND SECTION 56 3 3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL MOTOR VEHICLE LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR THIS PLATE.

Referred to Committee on Education and Public Works

H. 4015 Rep. Beck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16 13 465 SO AS TO ESTABLISH THE OFFENSE OF CRIMINAL USE OF AN ARTICLE WITH AN ALTERED IDENTIFICATION MARK, AND TO PROVIDE A PENALTY.

Referred to Committee on Judiciary

H. 4016 Rep. Davenport: A BILL TO AMEND SECTION 59 47 10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCREASE THE BOARD BY THREE MEMBERS WHO MUST BE PARENTS OF STUDENTS OR FORMER STUDENTS ONE OF WHOM MUST BE BLIND, ONE DEAF, AND ONE MULTIHANDICAPPED.

Referred to Committee on Education and Public Works

H. 4017 Ways and Means Committee: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59 123 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8 11 260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8 17 370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11 35 710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.

Without reference

S. 543 Senator Gregory: A BILL TO AMEND SECTION 22 2 190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS

ESTABLISHED FOR LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA.

On motion of Rep. EMORY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 558 Senators Elliott, Waldrep, Glover, Ford, Holland and Saleeby: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO PROVIDE FOR THE SOUTH CAROLINA INDIAN AFFAIRS COMMISSION, AND TO PROVIDE FOR ITS PURPOSE, MEMBERSHIP, AND DUTIES.

Referred to Committee on Judiciary

S. 749 -- Senator Passailaigue: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE TO EXTEND INDIVIDUAL INCOME TAX RETURN AND INDIVIDUAL INCOME TAX PAYMENT DUE DATES FOR MILITARY PERSONNEL SERVING IN OPERATION ALLIED FORCE, TO PROVIDE FOR THE WAIVER OF PENALTIES AND INTEREST DURING THESE SPECIAL EXTENSIONS, AND TO SUSPEND COLLECTION ACTIVITIES WITH RESPECT TO THESE TAXPAYERS UNTIL THEIR RETURN.

Referred to Committee on Ways and Means

S. 758 Senators Patterson, Courson, Giese and Jackson: A BILL TO AMEND SECTION 7 7 465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.

On motion of Rep. BALES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

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

H. 4018 Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young Brickell: A CONCURRENT RESOLUTION DESIGNATING MAY 2, 1999, AS "SARAH ANN POTEE OWENS STATE PRAYER DAY", IN RECOGNITION OF MRS. SARAH ANN POTEE OWENS' EFFORTS TO ESTABLISH A SPECIAL DAY OF PRAYER TO ADDRESS OUR NATION'S CRIME PROBLEM.

Whereas, Mrs. Sarah Ann Potee Owens was born in Columbia, South Carolina, on May 2, 1912, and departed this life on April 21, 1999; and

Whereas, for fifty three years she was the devoted wife of the late Mr. Thomas C. Owens, and together they were the parents of eight successful children; and

Whereas, at an early age she dedicated her life to Christ and at the age of thirteen she began teaching Sunday school at Emmanuel A.M.E. Church where she was a life member; and

Whereas, Mrs. Owens devoted forty one years of her life as a teacher and administrator in the public school system in this State; and

Whereas, in 1991, in response to the serious crime problem that grips our nation, she petitioned former President George Bush to establish a special day of prayer to address that issue; and

Whereas, although her dream of establishing a national day of prayer to address the issue of crime was not realized, in the wake of a number of recent serious acts of violence across our nation, it is imperative that the members of the General Assembly establish a state day of prayer to address this issue. 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, designates May 2, 1999, as “Sarah Ann Potee Owens State Prayer Day” in recognition of Mrs. Sarah Ann Potee Owens’ efforts to establish a special day of prayer to address our nation’s crime problem.

Be it further resolved that a copy of this resolution be presented to the family of the late Sarah Ann Potee Owens.

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

ROLL CALL

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 29.

Harry AskinsRalph Canty

Bill CottyRalph Davenport

James HarrisonJesse Hines

Larry KoonSteve Lanford