WEDNESDAY, JANUARY 12, 2000
Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 p.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Today is Your gift to us. Help us to receive it with joy and unwrap it with thanks, certain that in Your help all things work together for good to those who serve God. Help us, in these moments of prayer, to rest our whole weight in Your strong hands and teach us to share our problems with You. Forgive us when we worry and teach us to rely upon Your guidance. Help us to grow secure in the knowledge that each one of us is a child of the Heavenly Father. 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. SIMRILL moved that when the House adjourns, it adjourn in memory of Eddie Aberman of Rock Hill, which was agreed to.
REPORT OF STANDING COMMITTEE
Rep. WITHERSPOON from the Horry Delegation, submitted a favorable report on:
S. 840 -- Senators Elliott and Ravenel: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE.
Ordered for consideration tomorrow.
HOUSE RESOLUTION
The following was introduced:
H. 4419 -- Reps. Wilkins, Harrison, Harrell, J. Brown, D. Smith, Townsend, Sharpe and Cato: A HOUSE RESOLUTION TO PROVIDE THAT PURSUANT TO RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, SPECIFIED MEMBERS OF THE STAFF OF THE GOVERNOR BY SPECIAL LEAVE OF THE HOUSE MAY BE ADMITTED IN THE OUTER DOORS OF THE CHAMBER AND ARE GRANTED THE PRIVILEGE OF THE HOUSE FLOOR UNDER CERTAIN CONDITIONS DURING THE 2000 SESSION OF THE GENERAL ASSEMBLY.
Be it resolved by the House of Representatives:
That pursuant to Rule 10.1 of the Rules of the House of Representatives, the following members of the staff of the Governor by special leave of the House may be admitted in the outer doors of the Chamber and are granted the privilege of the House floor during the 2000 session of the General Assembly:
(1)Billy Boan
(2)Cindy Smalls
(3)Toy Nettles
(4)Doug McTeer
(5)Virgie Chambers
(6)Lachlan McIntosh
(7)Steve Bates
(8)Wilbur Cave
(9)Frank Fusco
(10)Frank Rainwater
(11)Hank Stallworth
(12)Mark Sweatman
Be it further resolved that of the abovereferenced members of the staff of the Governor, only three at any one time may be on the House floor and within the outer doors of the Chamber.
The Resolution was adopted.
CONCURRENT RESOLUTION
The following was introduced:
H. 4420 -- Reps.R.Smith, Harrell, Woodrum, Altman, Beck, Cato, Davenport, Delleney, Emory, Harrison, Haskins, Koon, Lanford, M.McLeod, W.McLeod, McMahand, Miller, Moody-Lawrence, J.M.Neal, Parks, Perry, Rice, Riser, Seithel, Simrill, Stuart, Tripp, Trotter, Vaughn, Walker, Witherspoon and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT, NOTWITHSTANDING RECENT MEDIA REPORTS OF CIVILIAN CASUALTIES AT NOKUEN-RI (NO GUN RI), SOUTH KOREA, NOTHING CAN DETRACT FROM THE DISTINGUISHED RECORD AND HEROISM OF THE BRAVE AND GALLANT MEN AND WOMEN WHO SERVED HONORABLY AND FOUGHT VALIANTLY AS SOLDIERS, SAILORS, MARINES, AND AIRMEN IN THE ARMED FORCES OF THE UNITED STATES DURING THE KOREAN WAR, AND THAT THE HEROISM, SERVICE, AND SACRIFICE OF ALL THOSE WHO SERVED THE CAUSE OF FREEDOM BY OPPOSING MURDEROUS COMMUNIST AGGRESSION IN KOREA MUST BE REMEMBERED AND COMMEMORATED WITH HONOR.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 926 -- Senator Reese: A CONCURRENT RESOLUTION APPLAUDING "TRIVIA GUY", WILSON CASEY OF SPARTANBURG COUNTY, FOR HIS UNIQUE ACCOMPLISHMENTS AND FOR HIS RECOGNITION AS A WORLD RECORD HOLDER BY THE GUINNESS BOOK OF WORLD RECORDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 1021 -- Senator Holland: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ONE OF KERSHAW COUNTY'S BEST KNOWN AND MOST WELL-RESPECTED PUBLIC SERVANTS AND DISTINGUISHED CITIZENS, AUSTIN MOSES SHEHEEN, SR., WHO PASSED AWAY ON WEDNESDAY, JANUARY 5, 2000.
Whereas, on Wednesday, January 5, 2000, the City of Camden, Kershaw County, and the State of South Carolina lost one of their most respected and distinguished citizens, Austin Moses Sheheen, Sr.; and
Whereas, Austin Moses Sheheen, Sr., was born in Camden eightyeight years ago to a Lebanese immigrant grocer and his wife, the late Abraham and Elizabeth Koosa Sheheen; and
Whereas, Austin Moses Sheheen, Sr., was married to his sweetheart, the former Lucile Roukos, for sixtythree years before she passed away in 1996, and together they had four sons, Austin M. Sheheen, Jr., Fred R. Sheheen, Robert J. Sheheen, and E. Michael Sheheen, all of Camden; he is also survived by brothers, George Sheheen, Frank Sheheen, and Fred Sheheen, all of Camden, Arthur “Mac” Sheheen of Columbia, ten grandchildren, and twentyfour greatgrandchildren; his brother, Ernest Sheheen, predeceased him; and
Whereas, Mr. Sheheen, who retired as the Texaco oil jobber in Camden, is best known and admired for his dedication to public service throughout his life; he was on the Camden City Council twelve years before serving as the city’s mayor from 1964 to 1972; he was also the president of the Kershaw County Chamber of Commerce in 1964 and a charter member of the Camden Jaycees; and
Whereas, Mr. Sheheen was a member of Our Lady of Perpetual Help Catholic Church in Camden where he demonstrated his strong faith by involving himself and family in its religious work and activities; and
Whereas, family and friends remember Austin Moses Sheheen, Sr., as a man of character, integrity, and affection who appreciated and loved his family, his faith, working in his garden, and his community, and who preached the values of hard work and education to his sons; and
Whereas, the Sheheen sons have carried on in their father’s footsteps as they have been heavily involved in public service in the county and the State; Fred Sheheen was an aide to Governor Donald Russell in the 1960’s and a member of the State Commission on Higher Education in the 1970’s and 1980’s, including three years as the commission’s chairman; Austin M. Sheheen, Jr., was a president of the Kershaw County Chamber of Commerce; Michael Sheheen is a Camden businessman; and Bob Sheheen, our esteemed colleague, has represented Kershaw County in the House of Representatives since 1977 and served as that body’s Speaker from 1986 through 1994; and
Whereas, the Camden community and Kershaw County will sorely miss Austin Moses Sheheen, Sr., whose attitude of loving hard work, having a positive outlook in life, and dedicating himself to his God, his family, and the betterment of his community made an impact on everyone who knew him or knew of him; and
Whereas, it is fitting and proper that the members of the General Assembly pause in their deliberations to note the passing of so great a son of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly extend their deepest sympathy to the family and friends of one of Kershaw County’s best known and most wellrespected public servants and distinguished citizens, Austin Moses Sheheen, Sr., who passed away on Wednesday, January 5, 2000.
Be it further resolved that a copy of this resolution be forwarded to each of the sons of Austin Moses Sheheen, Sr.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
CONCURRENT RESOLUTION
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4423 -- Reps. Delleney, Canty and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 9, 2000, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2006; TO ELECT A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 5, WHOSE TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2000.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 9, 2000, at 12:00 noon to elect a successor to the Honorable Jean Hoefer Toal, Associate Justice of the Supreme Court, Seat 2, whose unexpired term expires July 31, 2006; to elect a successor to the Honorable E. C. Burnett III, Associate Justice of the Supreme Court, Seat 5, whose term expires July 31, 2000; to elect a successor to the Honorable Kaye G. Hearn, Judge of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 2001; to elect a successor to the Honorable Thomas E. Huff, Judge of the Court of Appeals, Seat 8, whose term expires June 30, 2000; to elect a successor to the Honorable Howard P. King of the Third Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable Edward B. Cottingham of the Fourth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable L. Casey Manning of the Fifth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable Donald W. Beatty of the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable James W. Johnson, Jr. of the Eighth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable Daniel F. Pieper of the Ninth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable Alexander S. Macaulay of the Tenth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable William P. Keesley of the Eleventh Judicial Circuit, Seat 1, whose term expires June 30, 2000; to elect a successor to the Honorable Marc H. Westbrook of the Eleventh Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable B. Hicks Harwell, Jr. of the Twelfth Judicial Circuit, Seat 1, whose term expires June 30, 2000; to elect a successor to the Honorable C. Victor Pyle, Jr. of the Thirteenth Judicial Circuit, Seat 2, whose term expires June 30, 2000; to elect a successor to the Honorable Gerald C. Smoak of the Fourteenth Judicial Circuit, Seat 1, whose term expires June 30, 2000; to elect a successor to the Honorable Robert H. Cureton of the Family Court of the Tenth Judicial Circuit, Seat 2, whose unexpired term expires June 30, 2004; to elect a successor to the Honorable John S. Flynn of the Family Court of the Sixteenth Judicial Circuit, Seat 1, whose term expired June 30, 1998; to elect a successor to the Honorable Carolyn C. Matthews of the Administrative Law Judge Division, Seat 3, whose term expires June 30, 2000; and to elect a successor to the Honorable John D. Geathers of the Administrative Law Judge Division, Seat 4, whose term expires June 30, 2000.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
On motion of Rep. WILKES, with unanimous consent, the following was taken up for immediate consideration:
S. 1018 -- Senator Holland: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 2000, AS THE TIME CERTAIN FOR ELECTING A SUCCESSOR TO A COMMISSIONER OF THE PUBLIC SERVICE COMMISSION FOR THE SECOND CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2002.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 2, 2000, at 12:00 noon to elect a successor for the unexpired term of the Honorable C. Dukes Scott, Public Service Commissioner for the Second Congressional District, whose term expires on June 30, 2002.
Be it further resolved that all nominations for the office in the election must be made by the chairman of the screening committee and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4421 -- Reps. Cato and D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-30-330 SO AS TO EXEMPT A PERSON FROM LICENSING AND REGULATION AS A MASSAGE/BODYWORK THERAPIST WHEN THE PERSON PRACTICES MASSAGE OR BODYWORK IN A FACILITY OPERATED BY OR ON BEHALF OF A YOUNG MEN'S CHRISTIAN ASSOCIATION OR YOUNG WOMEN'S CHRISTIAN ASSOCIATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4422 -- Reps. D. Smith and Littlejohn: A BILL TO AMEND ACT 178 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE CONVERSE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL OF THE DISTRICT FROM THREE TO FIVE MEMBERS.
On motion of Rep. D. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4424 -- Reps. Altman, Harrell, Limehouse and Campsen: A BILL TO ENACT THE "SCHOOL TEACHER AUTHORITY ACT OF 2000" BY ADDING SECTION 59-63-245 TO THE 1976 CODE SO AS TO PROVIDE THAT SCHOOL TEACHERS SHALL HAVE THE AUTHORITY TO SUSPEND STUDENTS FROM ONE TO FIVE DAYS ON THEIR OWN AUTHORITY FOR VIOLATIONS OF SCHOOL DISCIPLINARY CODES FOR OFFENSES WHICH WARRANT SUSPENSION AND TO PROVIDE THAT STUDENTS SO SUSPENDED SHALL RECEIVE NO CREDIT FOR WORK MISSED AND NO MAKE-UP WORK SHALL BE ALLOWED.
Referred to Committee on Education and Public Works
H. 4425 --Rep. Altman: A BILL TO ENACT THE "STUDENT ACADEMIC SCHEDULE ACCOUNTABILITY ACT OF 2000" BY ADDING SECTION 59-29-225 TO THE 1976 CODE SO AS TO PROVIDE THAT AT THE BEGINNING OF EACH SCHOOL SEMESTER OR SCHOOL YEAR AS APPLICABLE, THE PRINCIPAL OF EACH PUBLIC HIGH SCHOOL MUST ASSIGN TO EACH ENROLLED STUDENT THE COURSE SCHEDULE AND CLASS SCHEDULE THE STUDENT MUST TAKE OR HAS ELECTED THAT SCHOOL SEMESTER OR SCHOOL YEAR.
Referred to Committee on Education and Public Works
H. 4426 --Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
Referred to Committee on Education and Public Works
H. 4427 --Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-78-75 SO AS TO PROVIDE THAT LIMITATIONS AND RESTRICTIONS UNDER THE TORT CLAIMS ACT DO NOT PROHIBIT AN AWARD FOR THE NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS.
Referred to Committee on Judiciary
H. 4428 --Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3415 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO FIFTY PERCENT OF WORKERS' COMPENSATION INSURANCE PREMIUM AND TO PROVIDE A LIMITATION ON THE CREDIT.
Referred to Committee on Ways and Means
H. 4429 -- Rep. Davenport: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY STATE SPENDING LIMITATION AND THE USE OF SURPLUS REVENUE, SO AS TO REQUIRE AT LEAST SEVENTY-FIVE PERCENT OF SURPLUS REVENUES TO BE USED TO ACCELERATE THE PAYMENT OF STATE GENERAL OBLIGATION DEBT, TO CLARIFY THAT THE FIRST USE OF SURPLUS REVENUE IS TO REPLENISH THE GENERAL RESERVE FUND, AND TO PROVIDE THAT REFERENCES TO APPROPRIATING SURPLUS REVENUES APPLY TO SURPLUS FUNDS REMAINING AFTER THE FIRST TWO PRIORITIES ARE MET.
Referred to Committee on Ways and Means
H. 4430--ADOPTED
The following House Resolution was taken up:
H. 4430 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 1.9 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE APPOINTMENT OF MEMBERS AND CHAIRMEN OF THE COMMITTEES BY THE SPEAKER, SO AS TO PROVIDE THAT THE CHAIRMEN BE ELECTED BY THE RESPECTIVE COMMITTEES AND PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THE CHAIRMANSHIP.