House Journal for Mar. 23, 1999 - South Carolina Legislature Online

TUESDAY, MARCH 23, 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:

Almighty God, to Whom men of all ages have lifted their prayers, speak now to our longing hearts as we open our lives to Your searching gaze. We would test our thoughts, our words and our deeds not against the imperfect lives of those around us but against the glory of Him Who is our Master Teacher. Show us that the greatest contribution we can make to the world is a good life: clean, strong, honest, trustworthy, and serviceable. Give us, then, the power to yield our ways to Your ways, both now and always. To You, Lord, we pray in 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. MARTIN moved that when the House adjourns, it adjourn in memory of Gladys Cathy, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2350

Agency: Department of Health and Environmental Control

Statutory Authority: 1976 Code Sections 441140(11) and 48110 et seq.

Development of Subdivision Water Supply and Sewage Treatment/Disposal Systems

Received by Speaker of the House of Representatives March 18, 1999

Referred to House Committee on Agriculture and Natural Resources

Legislative Review Expiration July 16, 1999 (Subject to Sine Die Revision)

REGULATION WITHDRAWN

Document No. 2032

Agency: Department of Education

Statutory Authority: 1976 Code Section 59560

Creating More Effective Partnerships Among the Schools, Parents, Community and Business

Received by Speaker of the House of Representatives April 29, 1996

Referred to House Committee on Education and Public Works

19990205Senate Education Committee Requested Withdrawal

120 Day Period Tolled

19990316Permanently Withdrawn

HOUSE RESOLUTION

The following was introduced:

H. 3755 Rep. Harvin: A HOUSE RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE SCHOOL OFFICIALS, COACHES, AND MEMBERS OF THE SCOTT'S BRANCH BOYS HIGH SCHOOL BASKETBALL TEAM OF CLARENDON COUNTY ON THE OCCASION OF THEIR WINNING THE 1999 1A STATE BASKETBALL CHAMPIONSHIP ON MARCH 13, 1999, AT THE CAROLINA COLISEUM IN COLUMBIA.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3756 Rep. Harvin: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SCOTT'S BRANCH BOYS HIGH SCHOOL BOYS BASKETBALL TEAM, COACHES, STAFF, AND SCHOOL OFFICIALS ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1999 CLASS 1A STATE CHAMPIONSHIP IN BOYS BASKETBALL.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Scott’s Branch High School boys basketball team, coaches, staff, and school officials on a date and at a time to be determined by the Speaker for the purpose of being recognized for winning the 1999 Class 1A State Championship in boys basketball.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3757 Reps. G. Brown and M. McLeod: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ONE OF SUMTER COUNTY'S BEST KNOWN, MOST WELLRESPECTED, AND CAPABLE LARGE ANIMAL VETERINARIANS, DOCTOR ROBERT WESLEY BEATY, JR., WHO PASSED AWAY ON MONDAY, MARCH 15, 1999.

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

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3758 Reps. Bauer, Knotts, Whatley, Koon, Harrell, Altman, Bailey, Barfield, Breeland, J. Brown, Clyburn, CobbHunter, Dantzler, Gourdine, J. Hines, Inabinett, Lloyd, Lourie, Mack, McCraw, McKay, Neal, Phillips, Pinckney, Riser, Scott, J. Smith, R. Smith and Whipper: A BILL TO AMEND SECTION 1261170, AS AMENDED, RELATING TO THE DEDUCTION FOR STATE INCOME TAX PURPOSES ALLOWED FROM THE TAXABLE INCOME OF INDIVIDUALS OF RETIREMENT INCOME AND THE DEDUCTION ALLOWED PERSONS WHO HAVE ATTAINED THE AGE OF SIXTYFIVE YEARS, SO AS TO INCREASE THE ELEVEN THOUSAND FIVE HUNDRED DOLLAR DEDUCTION TO FIFTY THOUSAND DOLLARS FOR PERSONS WHO HAVE ATTAINED THE AGE OF SEVENTYFIVE YEARS AND TO EXTEND THIS INCREASED DEDUCTION OVER SEVEN YEARS TO PERSONS WHO HAVE ATTAINED AGE SIXTYEIGHT.

Referred to Committee on Ways and Means

H. 3759 Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.

Referred to Committee on Judiciary

S. 45 Senators Jackson, Elliott, Glover and Washington: A BILL TO AMEND CHAPTER 1, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES AND MISDEMEANORS, BY ADDING SECTION 161130 SO AS TO PROVIDE FOR AN INCREASE IN THE PENALTY FOR AN UNDERLYING OFFENSE IF THE OFFENDER INTENTIONALLY SELECTS THE PERSON AGAINST WHOM THE CRIME IS COMMITTED OR SELECTS THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE CRIME IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, CULTURAL OR SOCIAL IDENTITY, ANCESTRY, RELIGION, GENDER, POLITICAL AFFILIATION, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE ACTOR'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 16320, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS A STATUTORY AGGRAVATING CIRCUMSTANCE A MURDER IN WHICH THE OFFENDER INTENTIONALLY SELECTED THE MURDERED PERSON IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, CULTURAL OR SOCIAL IDENTITY, ANCESTRY, RELIGION, GENDER, POLITICAL AFFILIATION, SEXUAL ORIENTATION, OR DISABILITY OF THE MURDERED PERSON, WHETHER OR NOT THE OFFENDER'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 2077805, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT REGARDING CHILDREN ADJUDICATED DELINQUENT, SO AS TO AUTHORIZE THE COURT TO MAKE FINDINGS THAT A CHILD INTENTIONALLY SELECTED THE PERSON AGAINST WHOM AN OFFENSE IS COMMITTED OR SELECTED THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE OFFENSE IN WHOLE OR IN PART BECAUSE OF THE CHILD'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, CULTURAL OR SOCIAL IDENTITY, ANCESTRY, RELIGION, GENDER, POLITICAL AFFILIATION, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE CHILD'S BELIEF OR PERCEPTION WAS CORRECT AND ORDER A CHILD FOR WHOM SUCH FINDINGS ARE MADE, AS A CONDITION OF PROBATION, COMMITMENT, OR OTHERWISE, TO PARTICIPATE IN AN EDUCATIONAL PROGRAM REGARDING CULTURAL DIVERSITY; AND TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION 233125 SO AS TO ESTABLISH A HATE CRIME RECORDS REPOSITORY.

Referred to Committee on Judiciary

S. 154 Senators Passailaigue, Giese, Leventis, Hayes, Washington and Reese: A JOINT RESOLUTION TO CREATE THE VETERANS' MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

Referred to Committee on Education and Public Works

S. 240 Senators McConnell and Passailaigue: A BILL TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN MEMBERS AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.

Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 263 Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 565616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 5651520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 5651540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 5651510, RELATING TO THE STATE'S FIFTYFIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTYFIVE MILES AN HOUR.

Referred to Committee on Education and Public Works

S. 493 Senator Moore: A BILL TO AMEND SECTIONS 40135, 401310, 401320, 401330, 4013110, 4013230, 4013240, AND 4013250, AS AMENDED, AND SECTION 4013310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE, AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.

Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 601 Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF LABOR SERVICES, RELATING TO CHILD LABOR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2355, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.