TUESDAY, MAY 18, 1999
Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Ruler of all mankind, grant to us that in this forum of democracy we may lift high the banner of freedom and carry it with courage and strength. May Your perfect Word lodge deep in our minds and guide our actions. Give us pure hearts to see You, stout hearts to bear the burdens of others, hearts that beat in unison with You that we may carry forward Your divine intentions.
“A heart in every thought renewed,
And full of love divine,
Perfect and right and pure and good,
A copy Lord, of Thine” –Charles Wesley
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 Friday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. M. HINES moved that when the House adjourns, it adjourn in memory Frank Gilbert of Florence who served in the House and Senate, which was agreed to.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., May 12, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 728:
S. 728 Medical Affairs Committee: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO HEALTH, BY ADDING CHAPTER 76, THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT".
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration:
Document No. 2428
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59103195
Tasting of Alcoholic Beverages by Students Under TwentyOne Years of Age in Culinary Arts Course in an Accredited College or University
Received by Speaker of the House of Representatives May 14, 1999
Referred to Committee on Education and Public Works
Legislative Review Expiration September 11, 1999 (Subject to Sine Die Revision)
REGULATIONS WITHDRAWN AND RESUBMITTED
Document No. 2317
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59560 (3 and 6), 592010, et seq., and 593330
Defined Program Grades 9 12
Received by Speaker of the House of Representatives January 12, 1999
Referred to Education and Public Works Committee
Legislative Review Expiration June 8, 1999 (Subject to Sine Die Revision)
ACTIONS/STATUS
19990420 Senate Education Committee Requested Withdrawal
120 Day Period Tolled
19990518 Withdrawn and Resubmitted
Document No. 2400
Agency: Board of Education
Statutory Authority: 1976 Code Section 59560
Computing Experience for Teachers
Received by Speaker of the House of Representatives February 9, 1999
Referred to Education and Public Works Committee
Legislative Review Expiration July 7, 1999 (Subject to Sine Die Revision)
ACTIONS/STATUS
19990420 Senate Education Committee Requested Withdrawal
120 Day Period Tolled
19990518 Withdrawn and Resubmitted
REPORTS OF STANDING COMMITTEES
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 150 Senators Wilson, Elliott, Leventis, Branton, Hayes and Reese: A BILL TO AMEND SECTION 5631815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 5631820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 5631830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A STATE GUARD SPECIAL LICENSE PLATE; AND TO REPEAL SECTIONS 5634710, 5634720, 5634730, AND 5634740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 573 Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME ROAD S14547 IN CLARENDON COUNTY BETWEEN HIGHWAY 260 AND ROAD S1425 AS "JOSEPH LEMON AND DINGLE ROAD" IN HONOR OF THE LATE JOSEPH LEMON AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THIS ROAD REFLECTING THE DESIGNATION.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4083 Rep. Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 ALTERNATE TRUCK ROUTE IN THE VICINITY OF THE TOWN OF CHERAW IN CHESTERFIELD COUNTY "JEAN LANEY HARRIS BOULEVARD" IN MEMORY OF OUR LATE COLLEAGUE AND FRIEND, REPRESENTATIVE JEAN LANEY HARRIS, AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3086 Rep. Wilder: A BILL TO AMEND SECTION 616180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF APPLICATION FOR BEER OR WINE PERMITS AND ALCOHOLIC LIQUOR LICENSES, SO AS TO REVISE THE NEWSPAPER NOTICE AND NOTICE POSTING REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3075 Reps. Limehouse, Edge, Simrill and Emory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 233485 SO AS TO REQUIRE THE SHERIFF TO PROVIDE WRITTEN NOTICE TO ALL RESIDENCES WITHIN FOUR BLOCKS OF A REGISTERED SEX OFFENDER OF THE OFFENDER’S ADDRESS AND CERTAIN OTHER INFORMATION REGARDING THE OFFENDER; AND TO AMEND SECTION 233490, AS AMENDED, RELATING TO A SHERIFF DISSEMINATING SEX OFFENDER REGISTRY INFORMATION WHEN IT IS BELIEVED SUCH DISSEMINATION WILL DETER CRIME, SO AS TO PROVIDE THAT THE FOURBLOCK RADIUS NOTIFICATION DOES NOT RESTRICT THE SHERIFF FROM BROADER DISSEMINATION OF INFORMATION WHEN NECESSARY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 177 Senator Jackson: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGES TO THE STATE, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 11687 SO AS TO DESIGNATE THE "SPIRITUAL" AS THE OFFICIAL MUSIC OF THE STATE.
Ordered for consideration tomorrow.
HOUSE RESOLUTION
The following was taken up for immediate consideration:
H. 4103 Rep. Wilkins: A HOUSE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE CHAMBER ON NOVEMBER 4 AND 5, 1999, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives:
That the South Carolina Student Legislature is allowed the use of the Chamber of the House of Representatives on November 4 and 5, 1999, for its annual meeting. If the House of Representatives is in statewide session on any of these days, the House Chamber may not be used on these days.
Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the House Chamber and the use must be in strict accordance with the policies of the House of Representatives.
The Resolution was adopted.
CONCURRENT RESOLUTION
The following was introduced:
H. 4104 Reps. McGee, Askins, M. Hines and J. Hines: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DEATH OF THE HONORABLE PETER DeWITT HYMAN, SR., A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM FLORENCE COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the members of the General Assembly were deeply saddened to learn of the death of The Honorable Peter DeWitt Hyman, Sr., on Tuesday, May 11, 1999, at the age of seventyone; and
Whereas, Peter Hyman was born in Florence County and was the son of the late Cannie Elias and Ethel Harrel Hyman; and
Whereas, he began his military career in the United States Navy Reserve in June of 1943 as radio repairman serving in the Asiatic and Pacific theatres. He also served during the Korean Conflict. In July of 1959, he joined the 360th Civil Affairs Brigade of the 120th Army Reserve Command where he held a variety of positions in the units, including Deputy Commander and Commander; and
Whereas, Peter Hyman was commissioned by direct appointment as a Second Lieutenant in the National Guard in June of 1952. He retired as a Brigadier General in the United States Army Reserve in 1985. His final assignment was as Special Assistant to the Deputy Assistant Secretary of Defense for Reserve Affairs. General Hyman was awarded the Legion of Merit, the Meritorious Service Medal with Oak Leaf Cluster, the Air Medal, the Army Commendation Medal with Oak Leaf Cluster, and the United States Defense Superior Service Medal; and
Whereas, Peter Hyman attended the University of South Carolina, where he was President of the Freshman Class, a member of Omicron Delta Kappa, Associate Editor of the South Carolina Law Quarterly, President of the University of South Carolina Law Federation, President of ALSA, and was Special Assistant to the President of USC from 19741975. He was a 1954 graduate of the University of South Carolina Law School and later earned a Masters Degree of Law in Torts and Insurance from Harvard University in 1970; and
Whereas, Peter Hyman’s illustrious law career began in 1953 and until the date of his retirement, he was actively engaged as a trial practitioner in both civil and criminal matters. In addition to this private practice, Mr. Hyman served as Counsel for Florence County from 1974 until 1996 and was President of the South Carolina Association of County Attorneys in 1982. He was President of the Florence County Bar Association, 1973; and member of the South Carolina Trial Lawyers Association, American Bar Association, and the American Trial Lawyers Association. He retired from active practice with the Hyman Law Firm in 1996, and served the firm “of Counsel” until his death; and
Whereas, as a member of the South Carolina House of Representatives from 1961 through 1970, Representative Peter Hyman provided vital leadership in establishing Francis Marion College in Florence. His untiring efforts to bring about the necessary legislation to establish this fouryear facility was acknowledged by Francis Marion when the institution awarded him its first Distinguished Service Award. He served on the State College Board of Trustees, which governed the College of Charleston, Lander College, and Francis Marion College. He served on the Board of Trustees for Francis Marion University since its inception in 1993, serving as Chairman from 1988 to 1991; and
Whereas, Peter Hyman established the Peter D. Hyman Chair in Fine Arts and was also a member of the Francis Marion University Foundation Board of Directors. Whereas, the Peter D. Hyman Fine Arts Center is a tribute to his numerous contributions to the institution; and
Whereas, surviving are his wife, Vera Church Hyman of the home; children, Helen H. Wiest of Asheville, Dr. Peter DeWitt Hyman, Jr., and Martha Elizabeth Hyman, both of Florence; and grandchildren, Sarah S. and Nicholas H. Wiest of Asheville and Taylor Jane Holland of Florence; and
Whereas, Peter Hyman’s intelligence, friendship, leadership, and love for Francis Marion University will be sorely missed by all whose lives he touched; and
Whereas, it is with great sadness that the career of such an extraordinary individual has come to a close, but due to his unselfish dedication to Florence County and the Palmetto State The Honorable Peter DeWitt Hyman, Sr., has ensured that generations to come will benefit from the work he has so diligently crafted. 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, express their profound sorrow upon learning of the death of The Honorable Peter DeWitt Hyman, Sr., a former member of the South Carolina of Representatives from Florence County, and extend their deepest sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be forwarded to his wife, Mrs. Vera Church Hyman.
The Concurrent Resolution was agreed to and ordered sent to the Senate.