THURSDAY, FEBRUARY 20, 1997
Thursday, February 20, 1997
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, we know that we frequently suffer much loss in peace and joy because we have not availed ourselves of the nourishing silence of meditation and prayer. Inspire us to see our daily responsibilities in the right perspective, and to discharge them faithfully and thus enjoy the peace and poise which comes from taking hold of our tasks and faithfully seeing them through. Forbid that we would be hesitant about what we ought to believe and what You expect of us.
Hear us, Lord God, as we pray in praise and thanksgiving. 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. ALTMAN moved that when the House adjourns, it adjourn in memory of Charlie Hall of Charleston, which was agreed to.
COMMITTEE OFFICERS
MEDICAL, MILITARY, PUBLIC AND
MUNICIPAL AFFAIRS COMMITTEE
The following was received.
MEMORANDUM
TO: The Honorable Sandra McKinney
FROM: Barbara M. Coleman, Executive Secretary
DATE: February 19, 1997
RE: Newly Elected Officers
The following officers have been elected to the Medical, Military, Public and Municipal Affairs Committee for 1997-98 legislative session:
Chairman: Joe E. Brown
1st Vice Chairman: Donny Wilder
2nd Vice Chairman: Leon Howard
3rd Vice Chairman: Bradley L. Jordan
Secretary: Floyd Breeland
Received as information.
CONCURRENT RESOLUTION
The following was introduced:
H. 3496 -- Reps. Young, Woodrum, G. Brown, Canty, Neal and Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ALEXANDER BRODY OF SUMTER AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 3497 -- Reps. Jennings, Baxley, Young, Bailey, Whatley, M. Hines, Scott, J. Hines, G. Brown, Young-Brickell, F. Smith, J. Smith, Cobb-Hunter, Whipper, Neilson, Clyburn, Knotts, Beck, Kinon, Stuart, R. Smith, Cato, Davenport, Riser, Chellis, Wilder, Moody-Lawrence, Bauer, Lloyd, Law, Battle, Meacham, Lanford, Maddox, Seithel, Martin, Jordan and Harrell: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION AND CIVIC AND COMMUNITY SERVICE ORGANIZATIONS TO IMPLEMENT AND TEACH THE EDDIE EAGLE ELEMENTARY GUN SAFETY EDUCATION PROGRAM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3498 -- Reps. Knotts, Kennedy, Cobb-Hunter, Govan, Inabinett, Neal, Lanford, Whatley, McCraw, Bailey, Chellis, Young, Harrell, Scott, Simrill, Wilkins, Clyburn, Harrison, J. Smith, Riser, Altman, Fleming, Haskins, Tripp, Davenport, Keegan, Delleney and Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-765 SO AS TO AUTHORIZE THE TRANSFER OF ANNUAL LEAVE AND SICK LEAVE BETWEEN SPOUSES WHEN BOTH ARE EMPLOYED BY STATE AGENCIES SUBJECT TO THE TERMS AND CONDITIONS OF THE STATE EMPLOYEE LEAVE-TRANSFER PROGRAM.
Referred to Committee on Ways and Means.
H. 3499 -- Reps. Knotts, Whatley, Cobb-Hunter, Neal, Kennedy, Govan, Lanford, Fleming, Simrill, Bailey, Altman, Stille, Harrell, Young, Sandifer, McCraw, Clyburn, Wilkins, Scott, Chellis, Davenport, Harrison, D. Smith, Riser, Webb, Barrett, Tripp, Klauber, J. Smith, Keegan, Delleney, Bauer, Campsen, Hawkins, McMaster and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-45 SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER RESPONDS TO A DISTRESS CALL IN A NEIGHBORING JURISDICTION, THE AUTHORITY, RIGHTS, PRIVILEGES, AND IMMUNITIES THAT APPLY TO AN OFFICER WITHIN THE JURISDICTION IN WHICH HE IS EMPLOYED, ARE EXTENDED TO AND INCLUDE THE NEIGHBORING JURISDICTION.
Referred to Committee on Judiciary.
H. 3500 -- Reps. Young-Brickell, F. Smith, Keegan, Simrill, Mason, Bailey, Maddox, Chellis, Knotts, Cooper, Robinson, Neilson, Gamble, Kirsh, Stille, Davenport, Meacham, Sandifer, McKay, Martin, Baxley, Barfield, Edge, Jordan and Tripp: A BILL TO AMEND SECTION 4-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT THE TERMS OF OFFICE OF COUNTY OFFICERS COMMENCE, SO AS TO DELETE THE REQUIREMENT THAT THE TERMS OF OFFICE OF COUNTY AUDITORS AND COUNTY TREASURERS COMMENCE ON THE FIRST DAY OF JULY NEXT FOLLOWING THEIR ELECTION AND PROVIDE THAT THOSE TERMS COMMENCE ON THE FIRST TUESDAY IN JANUARY NEXT AFTER THEIR ELECTION.
Referred to Committee on Judiciary.
H. 3501 -- Reps. Young, Limehouse, Seithel, Meacham, Leach, Harvin, McCraw, Woodrum, Simrill, Inabinett, Neal, Canty, Chellis, R. Smith, Knotts, J. Hines, Davenport, Phillips, Littlejohn, Riser and Battle: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS AND BOARDING HOUSES BY ADDING CHAPTER 11 SO AS TO PROVIDE DEFINITIONS AND TO PROVIDE FOR THE REGULATION OF BED AND BREAKFAST ESTABLISHMENTS IN THIS STATE.
Referred to Committee on Labor, Commerce and Industry.
H. 3502 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED.
Without reference.
H. 3503 -- Reps. Tripp, Maddox, R. Smith, Wilder, Jordan, Townsend, Seithel, Baxley, Moody-Lawrence, Sandifer, Cobb-Hunter, Spearman, Askins, Neilson, Leach, Kennedy, Mason, Barrett, Inabinett, Hamilton, Knotts, Edge, Bailey, Cooper, Govan, Scott, Law, Hodges, Altman, Hawkins, Rice, Chellis, Stille, Neal, Kinon, Stoddard, Fleming, Miller, Robinson, D. Smith, Klauber, Carnell, Trotter, Lee, Martin, Whatley, Limehouse, Quinn, McMaster, Cato, Allison, Webb, Riser, Dantzler, Loftis, Lanford, Young-Brickell, Witherspoon, Harrell, Cromer, Harrison, Kelley, Gamble, Limbaugh, Parks, Keegan, Meacham, Simrill, Lloyd, McKay, McLeod, Harvin, Sharpe, Kirsh, Vaughn, J. Hines, McCraw, Bauer, Littlejohn, Jennings, Beck, Hinson, Battle and Davenport: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF “COMMITTEE” TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13, CHAPTER 13, TITLE 8 FROM JULY 1, 1996, WHEN THE FIRST REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.
Rep. HARRISON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. EASTERDAY objected.
Referred to Committee on Judiciary.
H. 3504 -- Reps. Limehouse, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, H. Brown, J. Brown, Byrd, Cato, Chellis, Cotty, Davenport, Felder, Fleming, Harrell, Harvin, J. Hines, Howard, Inabinett, Keegan, Kelley, Kinon, Lanford, Law, Leach, Littlejohn, Lloyd, Loftis, Mason, McMahand, Miller, Mullen, Quinn, Rhoad, Rice, Riser, Rodgers, Seithel, Sharpe, F. Smith, R. Smith, Spearman, Stille, Tripp, Vaughn, Whatley, Whipper, Wilder, Witherspoon and Young: A BILL TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER’S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER’S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON’S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT’S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-270, AS AMENDED, RELATING TO THE RECEIPT, DEPOSIT, AND USE OF FEES RECEIVED UNDER THE COASTAL FISHERIES LAWS, SO AS TO FURTHER PROVIDE FOR SUCH RECEIPT, DEPOSIT, AND USE; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON’S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO EXEMPT FISHERMEN FISHING FOR CRABS WITH ANY GEAR OTHER THAN A WIRE TRAP OR POT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins
Bailey Barfield Barrett
Battle Bauer Baxley
Beck Bowers Breeland
Brown, H. Brown, J. Brown, T.
Campsen Cato Chellis
Clyburn Cobb-Hunter Cooper
Cotty Cromer Dantzler
Davenport Delleney Easterday
Edge Fleming Gamble
Gourdine Govan Harrell
Harrison Harvin Haskins
Hawkins Hines, J. Hines, M.
Hinson Hodges Howard
Inabinett Jordan Keegan
Kelley Kennedy Kinon
Kirsh Klauber Knotts
Leach Lee Limbaugh
Limehouse Littlejohn Lloyd
Loftis Mack Maddox
Martin Mason McCraw
McKay McLeod McMahand
McMaster Meacham Moody-Lawrence
Mullen Neilson Parks
Phillips Pinckney Rhoad
Rice Riser Robinson
Rodgers Sandifer Scott
Seithel Sharpe Sheheen
Simrill Smith, D. Smith, F.
Smith, J. Smith, R. Spearman
Stille Stoddard Stuart
Townsend Tripp Trotter
Vaughn Walker Webb
Whatley Whipper Wilder
Wilkes Wilkins Witherspoon
Woodrum Young Young-Brickell
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, February 20.
Grady A. Brown Glenn Lewis Hamilton
James N. Law Vida Osteen Miller
Marion P. Carnell Wilbur L. Cave
Douglas Jennings, Jr. Steve P. Lanford
Ralph W. Canty Larry L. Koon
Joseph H. Neal Alma W. Byrd
William D. Boan John G. Felder
Total Present--122
DOCTOR OF THE DAY
Announcement was made that Dr. J. Rutledge Lawson of Spartanburg is the Doctor of the Day for the General Assembly.
SPECIAL PRESENTATION
Rep. MEACHAM presented the Fort Mill School Marching Band, the 1996-97 South Carolina AAA State Band Marching Champions, their directors and other school officials.
ORDERED TO THIRD READING
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 347 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 15 AND 16, 1996, BY THE STUDENTS OF CERTAIN SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY DUE TO INCOMPLETE SCHOOL RENOVATIONS, AND THE SCHOOL DAY MISSED ON AUGUST 15, 1996, BY THE STUDENTS OF CERTAIN OTHER SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY FOR SCHOOL YEAR 1996-97 DUE TO A TRAIN DERAILMENT WHICH REQUIRED THE EVACUATION OF THESE SCHOOLS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3459 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM ELECTRONIC BENEFITS TRANSFER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CAVE explained the Joint Resolution.
H. 3317 -- Reps. Bailey, Young-Brickell, Allison, Altman, Askins, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Inabinett, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw, McLeod, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice,