TUESDAY, JUNE 16, 1998
Tuesday, June 16, 1998
(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:
Help us, Lord, to conduct ourselves this day as to be neither afraid of tomorrow or ashamed of yesterday. Teach us that it is better to forgive and forget than to remember and resent. Cause us to see that difficulties are to make us better, not bitter; that no cloud is so dark but that there is a rainbow in it. God forbid that we should ever be so busy planning for a rainy day that we cannot see today’s sunshine.
Keep us steadfast in the words of the Psalmist: “God is our Refuge and Strength.” (Psalm 46:1a) 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. BREELAND moved that when the House adjourns, it adjourn in memory of Rev. Benjamin J. Whipper, Sr. of Charleston, husband of former Representative Lucille Whipper and father of Representative SETH WHIPPER, which was agreed to.
REGULATIONS RECEIVED
The following were received and referred to the appropriate committees for consideration.
Document No. 2315
Promulgated By Department of Consumer Affairs
Statutory Authority: 1976 Code Sections 37-1-09 and 37-6-104(1)(c)
Adjustment of Dollar Amounts
Received By Speaker June 16, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date October 14, 1998
(Subject to Sine Die Revision)
Document No. 2219
Promulgated By Clemson University
Statutory Authority: 1976 Code Sections 59-119-10 et seq.
Non-Motorized Vehicles
Received By Speaker June 16, 1998
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date October 14, 1998
(Subject to Sine Die Revision)
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4700 -- GENERAL APPROPRIATION BILL
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has been granted Free Conference Powers and appointed Senators Drummond, Land and McConnell of the Committee of Free Conference on the part of the Senate on H. 4702:
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4702:
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., June 10, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Wilson and Ford of the Committee of Conference on the part of the Senate on H. 4824:
H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO “CONSTITUTIONAL” IN THE COMMISSION’S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., June 11, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Mescher, Branton and Grooms of the Committee of Conference on the part of the Senate on S. 1253:
S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.
Very respectfully,
President
Received as information.
H. 4445--COMMITTEE OF CONFERENCE APPOINTED
The following was received from the Senate.
MESSAGE FROM THE SENATE
Columbia, S.C., June 10, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4445:
H. 4445 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.
and asks for a Committee of Conference and has appointed Senators Moore, Courtney and Glover of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HARRISON, COTTY and SCOTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
HOUSE RESOLUTION
The following was introduced:
H. 5245 -- Reps. Kelley and Harvin: A HOUSE RESOLUTION TO OFFER CONGRATULATIONS TO THE DUNES GOLF AND BEACH CLUB OF MYRTLE BEACH ON THE FIFTIETH ANNIVERSARY OF ITS ESTABLISHMENT AND TO JOIN IN CELEBRATION WEEK WITH ITS OFFICERS, DIRECTORS, TRUSTEES, AND MEMBERS DURING JUNE 22-27, 1998.
The Resolution was adopted.
CONCURRENT RESOLUTION
The following was introduced:
H. 5246 -- Reps. Scott, J. Brown, Cotty, Cromer, Harrison, Howard, McMaster, Neal, Quinn, J. Smith, Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE ALMA W. BYRD OF RICHLAND COUNTY, OUR DEAR FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HER HIGHLY DEDICATED AND OUTSTANDING SERVICE TO THE CITIZENS OF SOUTH CAROLINA AS A LEGISLATOR, AND EXTENDING BEST WISHES TO HER FOR HAPPINESS AND SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
Whereas, The Honorable Alma Weaver Byrd has represented the citizens of House District 74 (Richland County) in the General Assembly since 1991; and
Whereas, Dr. Byrd has devoted a major portion of her adult life to public service; she was a member of the Richland County School District One Board of Trustees from 1980 to 1991 and served as the board’s vice chair in 1984 and from 1989 to 1991, as secretary from 1986 to 1987, and as chair in 1985; and
Whereas, she taught in the South Carolina public schools until 1960 and at Benedict College from 1960 to 1991; she was an instructor in adult education for Richland School District One from 1978 to 1980 and taught at Voorhees College from 1968 to 1970 and at Allen University from 1987 to 1990; and
Whereas, Dr. Byrd was School Board Consultant, West Africa, in 1990 and served on the Board of Directors of the South Carolina School Board Association from 1986 to 1991; she was Vice President of the Southern Regional National School Board Black Caucus from 1984 to 1987 and served on the Basic Skills Advisory Committee from 1978 to 1991; and
Whereas, she was a co-founder of the Sickle Cell Anemia Foundation in 1971, was presented the Order of the Palmetto in 1983, and received the South Carolina National Association of Social Workers’ Legislative Award in 1994; and
Whereas, Alma Byrd has been an outstanding legislator; her insight, hard work, and knowledge have proved invaluable to her colleagues; she has provided superb representation for her constituents and has always striven to do what is best for the State as a whole; she also has been a true friend to all of us—a quality we have cherished; and
Whereas, Dr. Byrd’s whole life can be characterized by the word “excellence”; excellence in teaching, excellence in learning, excellence in leading, and excellence in public service; she is widely respected and admired for her abilities, for her quiet effectiveness, and for her integrity; her aim clearly has always been to do what is right and true, and, in consistently acting in accordance with this philosophy during her service as a legislator, she can rightly be called “the conscience of the House”; and
Whereas, we are grateful for her service and friendship and will miss her but want her to know that we hope to see her on many occasions in the future. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank The Honorable Alma W. Byrd of Richland County, our dear friend and distinguished colleague, for her highly dedicated and outstanding service to the citizens of the Palmetto State as a legislator and extend best wishes to her for happiness and success in all of her future endeavors.
Be it further resolved that a copy of this resolution be presented to Representative Byrd.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED
The Senate returned to the House with amendments the following:
H. 5183 -- Rep. Cave: A BILL TO PROVIDE FOR FOUR ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO SERVE FOR TERMS TO EXPIRE IN 2002, TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL MEMBERS SHALL BE APPOINTED, AND TO PROVIDE THAT THEIR SUCCESSORS SHALL BE ELECTED AT THE 2002 ELECTION IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
The Senate amendments were agreed to, and the Bill, 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.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows.
AllisonAltmanBailey
BarfieldBarrettBattle
BauerBeckBoan
BreelandBrown, G.Brown, H.
Brown, J.CampsenCarnell
CatoCaveChellis
ClyburnCobb-HunterCooper
CottyCromerDantzler
DavenportDelleneyEasterday
EdgeEmoryFelder
FlemingGambleGourdine
GovanHamiltonHarrell
HarrisHarrisonHarvin
HaskinsHawkinsHines, J.
Hines, M.HinsonHoward
InabinettKeeganKelley
KennedyKinonKirsh
KlauberKnottsKoon
LanfordLawLeach
LeeLimehouseLittlejohn
LloydLoftisMack
MaddoxMartinMason
McAbeeMcCrawMcGee
McKayMcLeodMcMahand
McMasterMeachamMoody-Lawrence
MullenNeilsonRhoad
RiceRiserRobinson
RodgersSandiferScott
SharpeSheheenSimrill
Smith, D.Smith, F.Smith, J.
Smith, R.SpearmanStoddard
StuartTownsendTrotter
VaughnWebbWhatley
WilderWilkinsWitherspoon
WoodrumYoungYoung-Brickell
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, June 16.
J. Michael BaxleyVida Osteen Miller
Clementa C. PinckneyTimothy C. Wilkes
William K. BowersAlma W. Byrd
Theodore A. BrownHarry C. Stille
Richard M. Quinn, Jr.Ralph W. Canty
Daniel L. TrippLynn Seithel
Douglas Jennings, Jr.Joseph H. Neal
Total Present--119
LEAVES OF ABSENCE
The SPEAKER granted Rep. WHIPPER a leave of absence for the day due to a death in the family.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the day due to illness.
H. 4953--TABLED
The following Joint Resolution was taken up.
H. 4953 -- Reps. H. Brown, Sheheen, Wilkins and Young-Brickell: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1998-99 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Rep. HARRELL moved to table the Joint Resolution, which was agreed to.
H. 4757--CONTINUED
The Senate amendments to the following Bill were taken up for consideration.
H. 4757 -- Reps. Barfield, Battle, T. Brown, Davenport, Edge, Miller, Sharpe, Witherspoon, Mullen, Rhoad, Hamilton and J. Smith: A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWS OR ORDINANCES GOVERNING THE OPERATION AND EQUIPPING OF VESSELS OPERATED ON THE WATERS OF THIS STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH TEMPORARY OR PERMANENT SLOW SPEED ZONES BY DESIGNATING THE AREAS WITH REGULATORY MARKERS, AND TO PROVIDE THAT WHENEVER FLOOD CONDITIONS MAKE OPERATION OF WATERCRAFT HAZARDOUS OR DANGEROUS TO PERSONS OR PROPERTY, THE DEPARTMENT HAS THE AUTHORITY TO TEMPORARILY CLOSE AREAS OF THE WATERS OF THIS STATE TO ALL RECREATIONAL VESSELS AND COMMERCIAL FISHING VESSELS FOR A PERIOD NOT TO EXCEED TEN DAYS, AND TO PROVIDE FOR CERTAIN EXTENSIONS OF AND EXCEPTIONS TO THIS CLOSURE.
Rep. DAVENPORT moved to continue the Bill, which was agreed to.
H. 4998--DEBATE ADJOURNED
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4998 -- Reps. Boan and Lanford: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, BY PROPOSING AN AMENDMENT TO SECTION 11 OF THIS ARTICLE SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND
APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND BY PROPOSING AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.
Rep. BOAN moved to adjourn debate upon the Senate amendments, which was adopted.
H. 5174--CONTINUED
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 5174 -- Reps. Edge, Barfield, Witherspoon, Keegan and Kelley: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF HORRY COUNTY FAVOR REDUCING THE SIZE OF THE HORRY COUNTY BOARD OF EDUCATION IN A SPECIFIED MANNER.
Rep. EDGE moved to continue the Joint Resolution, which was agreed to.
RECURRENCE TO THE MORNING HOUR
Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.
HOUSE RESOLUTION
The following was introduced:
H. 5247 -- Rep. Cotty: A HOUSE RESOLUTION TO CONGRATULATE MRS. JULIANNA NELSON LORICK OF KERSHAW COUNTY ON BEING NAMED THE 1997 SOUTH CAROLINA AUTISM SOCIETY THERAPIST OF THE YEAR AND TO EXTEND BEST WISHES TO HER AS SHE COMPETES AS A FINALIST FOR THE 1998 NATIONAL AUTISM SOCIETY OF AMERICA PROFESSIONAL OF THE YEAR.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 5248 -- Rep. Bauer: A HOUSE RESOLUTION CONGRATULATING MR. JIM MILLS FOR HIS DISTINGUISHED CAREER AS CHAPIN HIGH SCHOOL BAND DIRECTOR AND WISHING HIM WELL IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
CONCURRENT RESOLUTION
The following was introduced:
H. 5249 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CELEBRATING THE LIFE AND ACCOMPLISHMENTS OF THE LATE MARY MCLEOD BETHUNE OF MAYESVILLE, SOUTH CAROLINA, ON THE OBSERVANCE OF HER ONE HUNDRED TWENTY-THIRD BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.